Staff Report - Agreement Sampling, Laboratory Testing, Technical Support, and Disposal Service for Combined Sanitary Sewer (CSS) Management

City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-01604 1/9/2024 Consent Item 11.

Agreement: Sampling, Laboratory Testing, Technical Support, and Disposal Service for Combined Sanitary Sewer (CSS) Management
File ID: 2023-01604
Location: Citywide
Recommendation: Pass a Motion authorizing the City Manager or the City Manager’s designee to:1) execute a Professional Services Agreement with Stantec Consulting for a three (3) year period with the option of two one (1) year extensions not to exceed five (5) years, for a total amount not to exceed $436,350, for CSS Waste Management.

Contact: Andrew Costan, Administrative Analyst, (916) 808-6339, [email protected]; Charley Cunningham, Division Manager, (916) 808-5518, [email protected]; Pravani Vandeyar, Director of Utilities, (916) 808-3765, [email protected]; Department of Utilities
Presenter: None.

Attachments:
1-Description/Analysis
2-Exhibit A - Agreement
Description/Analysis
Issue Detail: The Department of Utilities (DOU) has an ongoing need for sampling, laboratory testing, technical support, and disposal services for CSS waste management. The City periodically generates waste materials from pipeline cleaning activities and temporarily stores the waste in bins at the City’s Meadowview Service Center. To dispose of the materials, the City requires periodic sampling for constituents of concern, evaluation of data relative to waste disposal requirements, and assistance in creation and maintenance of waste profiles for disposal companies.

Policy Considerations: The recommendations in this report are in accordance with City Code Chapter 3.60 requiring City Council for approval for agreements of $250,000 or more.

Economic Impacts: None.

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File ID: 2023-01604 1/9/2024 Consent Item 11.

Environmental Considerations: The activity described in this report consisting of approval of an agreement for the ongoing sampling, laboratory testing, technical support, and disposal services for CSS waste management has been determined to be exempt pursuant to the California Environmental Quality Act (CEQA), CEQA Guidelines Section 15308. The activity is an action taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of environment where the regulatory process involves procedures for protection of the environment.

Sustainability: The proposed work is consistent with the 2035 General Plan, section U 1.1, as maintenance improves infrastructure reliability.

Commission/Committee Action: Not applicable.

Rationale for Recommendation: On September 12, 2023, the Department of Utilities issued a Request for Proposals (RFP) for Sampling, Laboratory Testing, Technical Support, and Disposal Service for Combined Sanitary Sewer (CSS) Management. The RFP was advertised on the City’s Planet Bids website as well as with Metropolitan News Company, publisher of the Sacramento Bulletin. Proposals were due on October 18, 2023, and one response was received. A selection committee comprised of City staff from the Department of Utilities reviewed the proposal and determined that Stantec Consulting Services, Inc., was responsive and possesses the required experience. Based on the review, staff recommend awarding a contract to Stantec Consulting Services, Inc.

Financial Considerations: Sufficient funding for this agreement exists in DOU’s Fiscal Year 2023/24 operating budget to fund the first year of the agreement. Funding for future fiscal years shall be subject to funding availability in the budget adopted for the applicable fiscal year.

There are no general funds allocated or planned for this project.

Local Business Enterprise (LBE): Stantec Consulting Services, Inc. is not an LBE.

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Form Approved by City Attorney 9-1-2020 Page 1
CONTRACT #: PRC002626 CONTRACT NAME: CSS Waste Management CONTRACT PROJECT #: N/A DEPARTMENT: Department of UtilitiesDIVISION: Engineering and Water Resources CITY OF SACRAMENTOPROFESSIONAL SERVICES AGREEMENT FOR ARCHITECTS, LANDSCAPE ARCHITECTS, ENGINEERS, AND LAND SURVEYORS THIS CONTRACTis made at Sacramento, California, by and between the CITY OF SACRAMENTO, a charter city and municipal corporation (“CITY”), andStantec Consulting Services Inc.3301 C Street Suite 190 Sacramento, CA 95816 (916) 924-8844 (“CONTRACTOR”), as of the Effective Date, as defined below. The City and Contractor agree as follows: 1. Effective Date. This Contract shall be effective beginning January 31, 2024 it is fully executed by the duly authorized parties. 2. Contract Documents. All exhibits and documents attached or referred to in this Contract are incorporated as if set forth herein, Including Exhibit A (titled “Scope of Services”) and Exhibit B (titled “Payment”). If there is a conflict between the terms and conditions of any document prepared or provided by the Contractor and made a part of this Contract and the other terms or conditions of the Contract, the other terms and conditions of the Contract control. 3. Services. Subject to the terms and conditions set forth in this Contract, CONTRACTOR shall provide to CITY the services described in Exhibit A (“Services”). CONTRACTOR will not be compensated for services outside the scope of Exhibit A (“Additional Services”) unless, before providing Additional Services: (a) CONTRACTOR notifies CITY and CITY agrees that the Additional Services are outside the scope of Exhibit A; (b) CONTRACTOR estimates the additional compensation required for these Additional Services; and (c) CITY, after notice, approves in writing a Supplemental Contract specifying the Additional Services and the amount of additional compensation to be paid Contractor. CITY will have no obligations whatsoever under this Contract or any Supplemental Contract, unless and until this Contract or any Supplemental Contract is approved by the City as required Form Approved by City Attorney 9-1-2020 Page 2
by the Sacramento City Code. As used in this Contract, the term “Services” includes both Services and Additional Services as applicable. 4.Payment.CITY shall pay CONTRACTOR at the times and in the manner set forth in Exhibit B. CONTRACTOR shall submit all invoices to CITY in the manner specified in Exhibit B.5.Facilities and Equipment. Except as set forth below, CONTRACTOR shall, at its sole cost and expense, furnish all facilities and equipment required for CONTRACTOR to perform this Contract. CITY shall furnish to CONTRACTOR only the facilities and equipment listed below, if any. Access to City Facilities will be provided, as needed, to conduct operations. 6. Insurance. Contractor shall, at its sole cost and expense, maintain the insurance coverage described in the attached Exhibit C. 7. General Conditions. Contractor shall comply with the terms and conditions set forth in the attached Exhibit D. 8. Additional Requirements for Surveying, Material Testing, and Inspection Services. If this Contract includes any land surveying, material testing, or inspection services provided for a City construction project, during the design, pre-construction, construction, or post-construction phases of the project, the Contractor and any subcontractor or subconsultant performing any such services shall comply with the provisions specified in Exhibit E. 9. Non-Discrimination in Employee Benefits. This Contract may be subject to Sacramento City Code chapter 3.54, Non- Discrimination in Employee Benefits by City Contractors. A summary of the requirements, entitled "Requirements of the Non-Discrimination in Employee Benefits Code (Equal Benefits Ordinance),” can be viewed at: https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances. Contractor acknowledges and represents that Contractor has read and understands the requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.54. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor's violation of Sacramento City Code chapter 3.54 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies. 10. Considering Criminal Conviction Information in the Employment Application Process. This Contract may be subject to the requirements of Sacramento City Code chapter 3.62, Procedures for Considering Criminal Conviction Information in the Employment Application Process. A summary of the requirements, entitled “Ban-The-Box Requirements,” can be viewed at: https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances.

Form Approved by City Attorney 9-1-2020 Page 3
The Ban-The-Box Requirements are applicable to certain contracts with the City in an amount of $250,000 or more (either initial value or total value after amendment) or if the total value of all Contractor's contracts with the City is $250,000 or more over a 12-month period. Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.62. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento City Code chapter 3.62 and include these requirements in all subcontracts covered by Sacramento City Code chapter 3.62. Contractor's violation of Sacramento City Code chapter 3.62 constitutes a material breach of this Contract, for which the City may terminate the Contract and pursue all available legal and equitable remedies. 11. Local Business Enterprise Program. The Local Business Enterprise Program Participation Requirements ("LBE Participation Requirements") may be applicable to this Contract. A summary of the requirements, entitled "LBE Participation Requirements," can be viewed at: https://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances. Contractor acknowledges and represents that Contractor has read and understands these requirements and shall fully comply with all applicable requirements of Sacramento City Code chapter 3.60. If requested by City, Contractor shall promptly provide any documents and information required by City to verify Contractor's compliance. Contractor shall require applicable subcontractors to fully comply with all applicable requirements of Sacramento CityCode chapter 3.60 and include these requirements in all subcontracts covered by SacramentoCity Code chapter 3.60.Contractor's violation of Sacramento City Code chapter 3.60 constitutes a material breach ofthis Contract, for which the City may terminate the Contract and pursue all available legal andequitable remedies.12.Authority. The person signing this Contract for CONTRACTOR represents and warrants that heor she has read, understands, and agrees to all the Contract terms and is fully authorized to sign this Contract on behalf of the CONTRACTOR and to bind the CONTRACTOR to the performance of the Contract’s obligations.[Signature Pages Follow Exhibits] Form Approved by City Attorney 9-1-2020 Exhibit A - Page 1 EXHIBIT ASCOPE OF SERVICES1. Representatives.The CITY Representative for this Agreement is:Kevin Guerra / Utilities Operations and Maintenance Superintendent 5730 24thStreet Building 20 Sacramento, CA 95822Phone: 916-808-4022/ Email: [email protected] CONTRACTOR Representative for this Agreement is:Dan Schreiner / Sr. Project Manager3301 C Street Suite 1900 Sacramento, CA 95816 Phone: (510) 919-0059 / Email: [email protected] Unless otherwise provided in this Contract, all Contractor questions and correspondencepertaining to this Contract must be addressed to the City Representative. All City questions and correspondence must be addressed to the Contractor Representative. 2. Scope of Services.Contractor shall provide Services to City as set forth in Attachment 1 to thisExhibit A.3. Time of Performance. The Services described in this Contract shall be provided forthree (3)years. The City may extend this Contract for up to two (2) additional one-year terms, for amaximum five-year term. Contractor shall provide the Services in accordance with anyschedule in Attachment 1 to this Exhibit A. Contractor shall immediately notify the City ifContractor is unable to make delivery of Goods or perform Services in compliance with thisContract.4. Conflict of Interest Requirements. The individual(s) who will provide Services pursuant to thisContract are “Consultants” within the meaning of the Political Reform Act and the City’sConflict of Interest Code: ____ yes __X__ no [check one]Contractor shall cause the following to occur within 30 days after execution of this Contract:(A) Identify the individuals who will provide Services or perform Work under this Contractas "Consultants"; and(B) Cause these individuals to file with the City Representative the "assuming office"statements of economic interests required by the City's Conflict of Interest Code.Thereafter, throughout the term of the Contract, Contractor shall cause these individuals to file with the City Representative annual statements of economic interests and "leaving office" statements of economic interests, as required by the City's Conflict of Interest Code. The City Form Approved by City Attorney 9-1-2020 Exhibit A - Page 2 may withhold all or a portion of any payment due under this Contract or impose fines on the individuals until all required statements are filed.

Attachment 1 to this Exhibit A Scope of Service The scope of work details the City’s requirements for sampling, laboratory testing, technical support, and disposal services for CSS waste management with the best overall value and coverage of requirements. Please address each point of the scope of work in your proposal. Task 1 — Project Management Services This task covers the project management services provided during the lifecycle of the project. CONTRACTOR will manage the technical, budget, and schedule for tasks within this Scope of Services. CONTRACTOR will prepare a health and safety plan (including COVID-19 response plan), monitor project budget and schedules, and prepare monthly invoices and progress reports, as needed. Task 2 — Materials Sampling and Analysis After notification to proceed and at request of the CITY, CONTRACTOR will complete sampling and analytical tasks as summarized below. Subtask 2.1 — Site Sampling Activities CONTRACTOR will perform up to six (6) waste sampling activities at the CITY's Meadowview yard. Waste samples will be collected into laboratory-supplied glassware and transported to a qualified laboratory analysis under chain of custody protocol. Subtask 2.2 — Laboratory Analysis CONTRACTOR will submit one representative sample for each samplingevent for Title 22 metals by USEPA Methods 6010/7470. Based onhistorical data suggesting soluble concentrations of lead and/orchromium in waste material may exceed California disposal criteria, wehave budgeted for waste extraction test (WET) solubility testing for upto two metals per sampling event. CONTRACTOR will provide electronicdata submittals following each sampling event.Task 2 Assumptions: Each sampling event can be performed in a single mobilization, withaccess to materials readily provided by CITY staff.Sampling activities can be performed safely using standard Level Dpersonal protective equipment, and extraneous safety measures (i.e.fall protection, confined space management, etc.) will not be required.

Standard turnaround time on analytical results is ten working days and can be expedited as needed for additional cost. Task 3 — Data Review and Waste Profiling CONTRACTOR shall provide CITY with waste data interpretation and disposal profiling support as described below. Subtask 3.1 — Data Validation and Review CONTRACTOR will validate all data received from the subcontracted laboratory for completeness and adherence to method-specific protocols. Validated data will be compared to state and federal waste acceptance criteria and presented to CITY via teleconference of electronic submittal. Subtask 3.2 — Waste Profiling Support CONTRACTOR will interface with CITY staff and subcontracted waste hauler to discuss disposal options for material and to accurately complete the waste profiling process. Task 4 — Additional Services, As Needed CONTRACTOR will provide additional, out of scope services at request of CITY. Subtask 4.1 — Additional Chemical Analyses CONTRACTOR will request additional chemical analysis of waste samples as may be requested by the accepting disposal facility. Subtask 4.2 — Additional Sampling or Client CITY Support CONTRACTOR will provide additional sampling and/or support services at request of the CITY. Task 5 – Waste Disposal This task covers time and materials to assist the CITY with removal and proper disposal of the waste generated during pipeline cleaning. The tasks below include initial waste profiling, disposal facility coordination, manifest tracking, bin rental, monthly transportation and disposal of waste, and Contractor field oversight and task related health and safety planning (including COVID-19 response plan) for each waste removal event. CONTRACTOR will monitor project budget and schedules, and prepare monthly invoices and progress reports, as needed. CONTRACTOR will review project status and forecast budget and staffing needs monthly; prepare monthly invoices and billings and submit to electronically the CITY’s Finance Department and the City Project Manager at the end of each month; and manage subcontracted service providers. Subtask 5.1 – Waste Profiling, Project Setup, and Initial Bin Delivery CONTRACTOR will coordinate with the subcontracted waste hauler and receiving facility to execute a waste profile. Waste will be transported to Waste Management’s Kettleman Hills facility for disposal as non-RCRA waste. CITY has determined this facility currently provides the most cost-effective option for the anticipated waste, but additional facilities will be considered based on the outcome of the profile. This subtask includes project management, disposal facility coordination, set-up and delivery of soil bins, monthly bin rental, transportation, disposal of solid waste, and contractor/subcontractor oversight and task-related health and safety planning. Subtask 5.2 – Waste Disposal CONTRACTOR will coordinate with CITY staff as needed to coordinate waste disposal events. These disposal events will occur no less than quarterly and no more than twelve (12) events annually and include disposal facility coordination, cradle-to-grave manifest tracking, bin rental, transportation, and disposal solid waste, and contractor/subcontractor oversight and task related health and safety planning. Task 5 Assumptions: Waste will consist of "sludge" (solid waste) with no free liquid. Assumes up to 20 yards per event, with no bin being loaded with a quantity greater than 20 tons. Waste can be profiled for disposal at Waste Management Kettleman Hills as non-RCRA waste and that fecal coliform is below acceptable levels. Assumes adequate access for delivery of one roll-off bin and simultaneous pickup of up a second roll-off bin for each event. Each disposal event can be performed in a single mobilization, with access to materials readily provided by CITY staff. Field oversight during waste bin removal can be performed using standard Level D personal protective equipment, and extraneous safety measures (i.e. fall protection, confined space management, etc.) will not be required. Field oversight during waste bin removal will be performed during normal business hours (Monday – Friday, 7:00am - 3:30 pm) and can be completed as scheduled by the receiving facility and the transportation contractor.

Form Approved by City Attorney 9-1-2020 Exhibit B - Page 1 EXHIBIT BPAYMENT 1. CONTRACTOR’s Compensation. The total of all fees paid to the CONTRACTOR for the provision of Services as set forth in Exhibit A, including any authorized reimbursable expenses, shall not exceed the total sum of $436,350.00.The payments specified in this Exhibit B shall be the only payments made to Contractor unless the City approves a Supplemental Contract. 2. Billable Rates. Contractor shall be paid for the performance of Services on an hourly rate, daily rate, flat fee, lump sum, or other basis, as set forth in Exhibit A or Attachment 1 to this Exhibit Band any applicable special provisions included in the request for bids or proposals. If there is a conflict between Exhibit A or Exhibit B and the Special Provisions, Exhibit A or Exhibit B controls. 3. CONTRACTOR’s Reimbursable Expenses. “Reimbursable Expenses” are limited to actual expenditures of CONTRACTOR for expenses that are necessary for the proper satisfaction of the Contract and are only payable if specifically authorized in advance in writing by the City. No charges or markup will be allowed unless specified in the Contract, including charges for traveland transportation. 4. Payments to CONTRACTOR. Contractor is responsible for supplying all documentation necessary to verify invoices to the City’s satisfaction. A. Payments to CONTRACTOR shall be made within a reasonable time after receipt of CONTRACTOR’s invoice, in proportion to services performed or as otherwise specified in Attachment 1 to Exhibit B. CONTRACTOR may request payment on a monthly basis. CONTRACTOR shall be responsible for the cost of supplying all documentation necessary to verify the monthly billings to the satisfaction of CITY. B. Invoices must be submitted to either of the addresses specified below.(1) Email. Submit email invoices and any attachments to: [email protected](2) Postal Mail. If emailing is not an option, mail to: A/P Processing CenterCity of Sacramento915 I Street, Floor 4 Sacramento, CA 95814-2608 C. All invoices submitted by CONTRACTOR must contain the following information: (1) Job/Project Name (2) CITY’s current Purchase Order Number(3) CONTRACTOR’s Invoice Number (4) Date of Invoice Issuance (5) Work Order Number (if applicable) (6) CITY representative identified on the Purchase Order Form Approved by City Attorney 9-1-2020 Exhibit B - Page 2 (7) CONTRACTOR’s remit address(8) Description of services billed under Invoice(9) Amount of Invoice (itemize all authorized Reimbursable Expenses)(10) Total Billed to Date under Contract (if applicable) D. Items must be separated into Services and Reimbursable Expenses. Invoices that do not conform to the format outlined above will be returned to CONTRACTOR for correction. CITY is not responsible for delays in payment to CONTRACTOR resulting from CONTRACTOR’s failure to comply with the invoice format described above. 5. Additional Services. Additional Services shall be provided only when a Supplemental Contract authorizing the Additional Services is approved in writing by the City in accordance with the City’s contract amendment procedures. The City reserves the right to perform any Additional Services with its own staff or to retain other contractors to perform the Additional Services. 6. Accounting Records of CONTRACTOR. During performance of this Contract and for a period of three years after completion of performance, CONTRACTOR shall maintain all accounting and financial records related to this Contract, in accordance with generally accepted accounting practices, including records of Contractor’s costs for performance under this Contract and records of Contractor’s Reimbursable Expenses. Contractor shall keep and make records available for inspection and audit by representatives of the CITY upon reasonable written notice. 7. Tax Payments.CONTRACTOR shall pay, when and as due, any and all taxes incurred as a result of CONTRACTOR’s compensation hereunder, including estimated taxes, and shall provide CITY with proof of the payment upon request. CONTRACTOR hereby agrees to indemnify CITY for any claims, losses, costs, fees, liabilities, damages or injuries suffered by CITY arising out of CONTRACTOR’s breach of this section.

Form Approved by City Attorney 9-1-2020 Exhibit C - Page 1 EXHIBIT CINSURANCE 1. Insurance Requirements. During the entire term of this Contract, Contractor shall maintainthe insurance coverage described in the Insurance Terms below. Full compensation for all premiums that Contractor is required to pay for the insurance coverage described herein shall be included in the compensation specified under this Contract. No additional compensation will be provided for Contractor's insurance premiums. Any available insurance proceeds in excess of the specified minimum limits and coverages shall be available to the City. Contractor's liability to the City is not in any way limited to or affected by the amount of insurance coverage required or carried by the Contractor in connection with this Contract. 2. General Liability Minimum Scope and Limits of Insurance Coverage. Commercial General Liability Insurance is required providing coverage at least as broad as ISO CGL Form 00 01 on an occurrence basis for bodily injury, including death, of one or more persons, property damage, and personal injury, arising out of activities performed by or on behalf of the Contractor and subcontractors, products and completed operations of Contractor and subcontractors, and premises owned, leased, or used by Contractor and subcontractors, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide contractual liability and products and completed operations coverage for the term of the policy. The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects general liability arising out of: activitiesperformed by or on behalf of Contractor and subcontractors; products and completedoperations of Contractor and subcontractors; and premises owned, leased, or used by Contractor and subcontractors. 3. Automobile Liability Minimum Scope and Limits of Insurance Coverage. (Check the applicable provision.) _X_ Automobile Liability Insurance is required providing coverage at least as broad as ISOForm CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor. The City, its officials, employees and volunteers shall be covered by policy terms or endorsement as additional insureds as respects auto liability. ___ No automobile liability insurance is required, and by signing this Contract, Contractor certifies as follows: “Contractor certifies that a motor vehicle will not be used in the performance of any work or services under this agreement. If, however, Contractor does transport items under this Contract, or this Contract is amended to require any employees of Contractor to use a Form Approved by City Attorney 9-1-2020 Exhibit C - Page 2 vehicle to perform services under the Contract, Contractor understands that it must maintain and provide evidence of Automobile Liability Insurance providing coverage at least as broad as ISO Form CA 00 01 for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than one million dollars ($1,000,000) per occurrence. The policy shall provide coverage for owned, non-owned and/or hired autos as appropriate to the operations of the Contractor.” 4. Excess Insurance. The minimum limits of insurance required above may be satisfied by acombination of primary and umbrella or excess insurance coverage, provided that any umbrella or excess insurance contains, or is endorsed to contain, a provision that it will apply on a primarybasis for the benefit of the City, and any insurance or self-insurance maintained by City, its officials, employees, or volunteers will be in excess of Contractor's umbrella or excess coverageand will not contribute to it. 5. Workers’ Compensation Minimum Scope and Limits of Insurance Coverage.(Check the applicable provision.) _X_ Workers’ Compensation Insurance is required with statutory limits and Employers'Liability Insurance with limits of not less than one million dollars ($1,000,000). The Workers' Compensation policy shall include a waiver of subrogation in favor of the City. ___ No work or services will be performed on or at CITY facilities or CITY Property, therefore a Workers’ Compensation waiver of subrogation in favor of the CITY is not required. ___ No Workers’ Compensation insurance is required, and by signing this Contract, Contractor certifies as follows: “Contractor certifies that its business has no employees, and that it does not employ anyone, and is therefore exempt from the legal requirements to provide Workers' Compensation insurance. If, however, Contractor hires any employee during the term of this Contract, Contractor understands that Workers’ Compensation with statutory limits and Employer’s Liability Insurance with a limit of not less than one million dollars ($1,000,000) is required. The Workers’ Compensation policy will include a waiver of subrogation in favor of the City.” 6. Professional Liability Minimum Scope and Limits of Insurance Coverage. Professional Liability Insurance providing coverage on a claims-made basis for errors and omissions, or malpractice with limits of not less than one million dollars ($1,000,000): Is __X___ Is not _____[check one]required for this Agreement. If required, such coverage must be continued for at least __three (3)__ year(s) following the completion of all Services under this Contract. The retroactive date must be prior to the date this Contract is approved or any Services are performed.

Form Approved by City Attorney 9-1-2020 Exhibit C - Page 3

7. Other Insurance Provisions.The policies must contain, or be endorsed to contain, the following provisions:A. Contractor's insurance coverage, including excess insurance, shall be primaryinsurance as respects the City, its officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers will be in excess of Contractor's insurance and will not contribute with it. B. Any failure to comply with reporting provisions of the policies will not affect coverage provided to the City, its officials, employees or volunteers. C. Coverage shall state that Contractor's insurance applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. D. Contractor shall provide the City with 30 days written notice of cancellation or material change in the policy language or terms. 8. Acceptability of Insurance. Insurance must be placed with insurers with a Bests' rating of not less than A:VI. Self-insured retentions, policy terms or other variations that do not comply with the requirements of this Exhibit C must be declared to and approved by the City in writing before execution of this Contract. 9. Verification of Coverage. A. Contractor shall furnish City with certificates and required endorsements evidencing the insurance required. Certificates of insurance must be signed by an authorized representative of the insurance carrier. Copies of policies shall be delivered to the City Representative on demand. B. Contractor shall send all insurance certificates and endorsements, including policy renewals, during the term of this Contract directly to: City of Sacramentoc/o Exigis LLCPO Box 947Murrieta, CA 92564C. Certificate Holder must be listed as:City of Sacramentoc/o Exigis LLCPO Box 947Murrieta, CA 92564D. The City may withdraw its offer of Contract or cancel this Contract if the certificates ofinsurance and endorsements required have not been provided before execution of this Contract. The City may withhold payments to Contractor and/or cancel the Contract if theinsurance is canceled or Contractor otherwise ceases to be insured as required herein.

Form Approved by City Attorney 9-1-2020 Exhibit C - Page 4

10. Subcontractor Insurance Coverage. Contractor shall require and verify that all subcontractorsmaintain insurance coverage that meets the minimum scope and limits of insurance coveragespecified in this Exhibit C.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 1 EXHIBIT DGENERAL CONDITIONS1. Independent Contractor. A. It is understood and agreed that CONTRACTOR (including CONTRACTOR’s employees) is an independent contractor and that no relationship of employer-employee exists between the parties hereto for any purpose whatsoever. Neither CONTRACTOR nor CONTRACTOR’s assigned personnel will be entitled to any benefits payable to CITYemployees. CITY is not required to make any deductions or withholdings from the compensation payable to CONTRACTOR under the provisions of this Contract, and CONTRACTOR will be issued a Form 1099 for its services hereunder. As an independent contractor, CONTRACTOR hereby agrees to indemnify and hold CITY harmless from any and all claims that may be made against CITY based upon any contention by any of CONTRACTOR’s employees or by any third party, including any state or federal agency, that an employer-employee relationship or a substitute therefor exists for any purpose whatsoever by reason of this Contract or by reason of the nature and/or performance under this Contract. B. It is further understood and agreed by the parties that CONTRACTOR, in the performance of its obligations, is subject to the City’s control and direction as to the designation of tasks to be performed and the results to be accomplished under this Contract, but not as to the means, methods, or sequence used by CONTRACTOR for accomplishing the results. To the extent that CONTRACTOR obtains permission to, and does, use CITY facilities, space, equipment or support services in the performance of this Contract, this use will be at the CONTRACTOR’s sole discretion based on the CONTRACTOR’s determination that the use will promote CONTRACTOR’s efficiency and effectiveness. Except as may be specifically provided elsewhere in this Contract, the CITY does not require that CONTRACTOR use CITY facilities, equipment or support services or work in CITY locations in the performance of this Contract. As used in this Contract, "sole discretion" or "sole judgment" means that the party authorized to exercise its discretion or judgment may do so based on an unfettered assessment of its own interests, without considering how its decision affects the other party, and unconstrained by the implied covenant of good faith and fair dealing. C. If, in the performance of this Contract, any third persons are employed by CONTRACTOR, such persons will be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. Except as otherwise provided in this Contract, all terms of employment, including hours, wages, working conditions, discipline, hiring, and discharging, or any other terms of employment or requirements of law, shall be determined by CONTRACTOR. It is further understood and agreed that CONTRACTOR will issue W-2 or 1099 Forms for income and employment tax purposes for all CONTRACTOR’s assigned personnel and subcontractors. D. The provisions of this section will survive any expiration or termination of this Contract. Nothing in this Contract creates an exclusive relationship between CITY and CONTRACTOR. CONTRACTOR may represent, perform services for, or be employed by Form Approved by City Attorney 9-1-2020 Exhibit D - Page 2 any additional persons or companies so long as CONTRACTOR does not violate the provisions of Section 5, below.2. Licenses; Permits, Etc. CONTRACTOR represents and warrants that CONTRACTOR has, and shall maintain at all times during the term of this Contract at its sole cost and expense, all licenses, permits, qualifications, and approvals of any nature that are legally required for CONTRACTOR to practice its profession or fulfill the terms of this Contract, including a City Business Operations Tax Certificate and any required certification issued by the California Secretary of State. 3. Time. Time is off the essence in the performance of this Contract. CONTRACTOR shall devote the necessary time and effort to its performance under this Contract. Neither party will be considered in default of this Contract, to the extent that party’s performance is prevented or delayed by any cause, present or future, that is beyond the reasonable control of that party. 4. CONTRACTOR Not Agent. Except as CITY may specify in writing, CONTRACTOR and CONTRACTOR’s personnel have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR and CONTRACTOR’s personnel shall have no authority, express or implied, to bind CITY to any obligations whatsoever. 5. Conflicts of Interest. CONTRACTOR covenants that neither it, nor any officer or principal of its firm, has or will acquire any interest, directly or indirectly, that would conflict in any manner with the CITY’s interests or that would in any way hinder CONTRACTOR’s performance under this Contract. CONTRACTOR further covenants that in the performance of this Contract, no person having any such interest will be employed by it as an officer, employee, agent or subcontractor, without the City’s written consent. CONTRACTOR agrees to avoid conflicts of interest or the appearance of any conflicts of interest with the City’s interests during the performance of this Contract. If CONTRACTOR is or employs a former officer or employee of the CITY, CONTRACTOR and any former City officer or employee shall comply with the provisions of Sacramento City Code Section 2.16.090 pertaining to appearances before the City Council or any CITY department, board, commission, or committee. 6. Hazardous Substances. "Hazardous Substances" means any substance, material, waste, or other pollutant or contaminant that is or becomes designated, classified, or regulated as hazardous or toxic under any law, regulation, rule, order, decree, or other governmental requirement now in effect or later enacted. If Contractor is shipping Hazardous Substances, Contractor must supply a Safety Data Sheet ("SDS") with the first shipment of Hazardous Substances to each City location receiving the Hazardous Substances. If the content of an SDS is revised, Contractor must provide a revised SDS to each City location receiving Hazardous Substances. 7. Confidentiality of CITY Information. During performance of this Contract, CONTRACTOR may gain access to and use CITY information regarding inventions, machinery, products, prices, apparatus, costs, discounts, future plans, business affairs, governmental affairs, processes, trade secrets, technical matters, systems, facilities, customer lists, product design, copyright, data, and other vital information (hereafter collectively referred to as “City Information”) that are valuable, special and unique assets of the CITY.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 3 CONTRACTOR agrees to protect all City Information and treat it as strictly confidential, and further agrees that CONTRACTOR shall not at any time, either directly or indirectly, divulge, disclose or communicate in any manner any City Information to any third party without the City’s prior written consent. In addition, CONTRACTOR must comply with all CITY policies governing the use of the CITY network and technology systems, as set forth in applicable provisions of the City of Sacramento Administrative Policy Instructions # 30. A violation by CONTRACTOR of this section is a material violation of this Contract and shall justify legal and equitable relief. 8. CONTRACTOR Information. A. CITY shall have full ownership and control, including ownership of any copyrights, of all information prepared, produced, or provided by CONTRACTOR under this Contract. In this Contract, the term “information” means and includes: any and all work product, submittals, reports, plans, specifications, and other deliverables consisting of documents, writings, handwritings, typewriting, printing, photostatting, photographing, computer models, and any other computerized data and every other means of recording any form of information, communications, or representation, including letters, works, pictures, drawings, sounds, or symbols, or any combination thereof. CONTRACTOR shall not be responsible for any unauthorized modification or use of such information for other than its intended purpose by CITY. B. CONTRACTOR shall fully defend, indemnify and hold harmless CITY, its officers and employees, and each of them, from and against any and all claims, actions, lawsuits or other proceedings alleging that all or any part of the information prepared, produced, or provided by CONTRACTOR under this Contract infringes upon any third party’s trademark, trade name, copyright, patent or other intellectual property rights. CITY shall make reasonable efforts to notify CONTRACTOR not later than ten days after CITY is served with any such claim, action, lawsuit or other proceeding. However, City’s failure to provide notice within the ten-day period does not relieve CONTRACTOR of its obligations hereunder, which survive any termination or expiration of this Contract. C. All proprietary and other information received from CONTRACTOR by CITY, whether received in connection with CONTRACTOR’s proposal to CITY or in connection with Contractor’s performance, will be disclosed upon receipt of a request for disclosure, in accordance with the California Public Records Act; provided, however, that, if any information is set apart and clearly marked “trade secret” when it is provided to CITY, CITY shall give notice to CONTRACTOR of any request for the disclosure of such information. The CONTRACTOR will then have five days from the date it receives notice to petition the court for a protective order to prevent the disclosure of the information. The CONTRACTOR shall have sole responsibility for defense of the actual “trade secret” designation of such information. D. The parties understand and agree that any failure by CONTRACTOR to respond to the notice provided by CITY and seek a protective order, in accordance with the provisions of subsection C, above, constitutes a complete waiver by CONTRACTOR of any rights regarding the information designated “trade secret” by CONTRACTOR, and the Form Approved by City Attorney 9-1-2020 Exhibit D - Page 4 information will be disclosed by CITY in accordance with the Public Records Act.9. Notification of Material Changes in Business. Contractor agrees that if it experiences anymaterial changes in its business, including a reorganization, refinancing, restructuring, leveraged buyout, bankruptcy, name change, or loss of key personnel, it will immediately notify the City of the changes. Contractor also agrees to immediately notify the City of any condition that may jeopardize the scheduled delivery or fulfillment of Contractor's obligations to the City under this Contract. 10. Standard of Performance. CONTRACTOR shall perform in the manner and according to the standards currently observed by a competent practitioner of CONTRACTOR’s profession in California and in compliance with all requirements of this Contract. All products that CONTRACTOR delivers to CITY under this Contract must be prepared in a professional manner and conform to the standards of quality normally observed by a person currently practicing in CONTRACTOR’s profession. CONTRACTOR shall assign only competent personnel to perform on its behalf under this Contract. CONTRACTOR must notify the CITY in writing of any changes in CONTRACTOR’s staff assigned to perform under this Contract, before any performance by the new staff member. If the CITY, in its sole discretion, determines that any person assigned by the Contractor to perform under this Contract is not performing in accordance with the standards required herein, City shall provide notice to Contractor. CONTRACTOR shall immediately remove the assigned person upon receipt of the notice. 11. Performance or Different Terms and Conditions. The City's subsequent performance will not be construed as either acceptance of additional or different terms and conditions or a counteroffer by the Contractor, nor will the City's subsequent performance be viewed as acceptance of any provision of the Uniform Commercial Code, as adopted by any State, that is contrary to the terms and conditions contained herein. Contractor's performance shall conform to the applicable requirements of the Sacramento City Charter, Sacramento City Code, and all applicable State and Federal laws, and all the requirements of this Contract. The California Commercial Code will apply except as otherwise provided in the Contract. 12. Emergency/Declared Disaster Requirements. If an emergency is declared by the City Manager,or if any portion of the City is declared a disaster area by the county, state or federal government, this Contract may be subjected to increased usage. The Contractor shall serve the City during adeclared emergency or disaster, subject to the same terms and conditions that apply during non-emergency / non-disaster conditions. The pricing set forth in this Contract will apply, without mark-up, regardless of the circumstances. If the Contractor is unable to fulfill the terms of the Contract because of a disruption in its chain of supply or service, then the Contractor shall provide proof of the disruption. Acceptable forms of proof will include a letter or notice from theContractor's source stating the reason for the disruption 13. Term; Suspension; Termination. A. This Contract is effective on the Effective Date and continues in effect until both parties have fully performed their respective obligations under this Contract, unless sooner terminated as provided herein.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 5 B. CITY shall have the right at any time to suspend CONTRACTOR’s performance hereunder, in whole or in part, by giving a written notice of suspension to CONTRACTOR. Upon receipt of such notice, CONTRACTOR shall immediately suspend its activities under this Contract, as specified in the notice. C. The CITY shall have the right to terminate this Contract at any time by giving a written notice of termination to CONTRACTOR. Upon receipt of such notice, CONTRACTOR shall immediately cease performance under this Contract as specified in the notice. If the CITY terminates this Contract: (1) CONTRACTOR shall, not later than five days after receipt of the notice, deliver allinformation prepared under this Contract to the City. (2) The CITY shall pay CONTRACTOR the reasonable value of Goods or Services provided by CONTRACTOR before termination; provided, however, CITY shall not in any manner be liable for lost profits that might have been made by CONTRACTOR had the Contract not been terminated or had CONTRACTOR completed performance required by this Contract. CONTRACTOR shall furnish to the CITY any financial information requested by the City to determine the reasonable value of the Goods or Services provided by CONTRACTOR. The foregoing is cumulative and does not affect any right or remedy that CITY may have in law or equity. 14. Default by Contractor. In case of default by the Contractor, the City reserves the right to procurethe Goods or Services from other sources and deduct from any monies due, or that maythereafter become due to the Contractor, the difference between the price named in thisContract and the actual cost to the City to procure from an alternate source. Prices paid by the City will be considered the prevailing market price at the time such purchase is made. 15. Indemnity. A. Indemnity:Contractor shall defend, hold harmless, and indemnify City, its officers, and employees, and each and every one of them, to the fullest extent permitted under law, from and against all actions, damages, costs, liabilities, claims, demands, losses, judgments, penalties, and expenses of every type and description, whether arising on or off the site of the work or services performed under this Contract, including any fees and costs reasonably incurred by City’s staff attorneys or outside attorneys and any fees and expenses incurred in enforcing this provision (hereafter collectively referred to as “Claims”), including Claims for personal injury or death, damage to personal, real, or intellectual property, damage to the environment, contractual or other economic damages, or regulatory penalties, that arise out of, pertain to, or relate to any negligent act or omission, recklessness, or willful misconduct related in any way to the performance of or failure to perform this Contract by Contractor, any subcontractor (including lower-tier subcontractors) or agent of Contractor, their respective officers and employees, and anyone else for whose acts of omissions any of them may be liable, whether or not the Claims are litigated, settled, or reduced to judgment; provided that the foregoing indemnity does not apply to liability for damages for death or bodily injury Form Approved by City Attorney 9-1-2020 Exhibit D - Page 6 to persons, injury to property, or other loss, damage, or expense, to the extent arising from the active negligence or willful misconduct of, or defects in design furnished by, City, its agents, servants, or independent contractors who are directly responsible to City, except when such agents, servants, or independent contractors are under the supervision and control of Contractor or any subcontractor (including lower-tier subcontractors) or agent of Contractor. While Contractor’s defense costs ordinarily cannot exceed Contractor’s proportionate percentage of fault, if one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution, the Contractor shall meet and confer with the City and other parties regarding the unpaid defense costs. B. Insurance Policies; Intellectual Property Claims:The existence or acceptance by City of any of the insurance policies or coverages described in this Contract will not affect or limit any of City’s rights under this Section, nor will the limits of any insurance limit the liability of Contractor hereunder. This Section will not apply to any intellectual property claims, actions, lawsuits or other proceedings subject to the provisions of the Contractor Information Section, above. C. Survival. The provisions of this section will survive any expiration or termination of this Contract. 16. Funding Availability.A. This Contract is subject to the budget and fiscal provisions of the Charter and the Sacramento City Code. B. The City’s payment obligation under this Contract will not exceed the amount of funds appropriated and approved for this Contract by the Sacramento City Council. C. This Section shall govern over any other contrary provision of the Contract.17. Equal Employment Opportunity. During the performance of this Contract, CONTRACTOR, for itself, its assignees and successors in interest, agrees as follows: A. Compliance With Regulations: CONTRACTOR shall comply with all state, local, and federal anti-discrimination laws and regulations, including the Executive Order 11246 entitled “Equal Opportunity in Federal Employment”, as amended by Executive Order 11375, 12086, and 13672, and as supplemented in Department of Labor regulations (41 CFR Chapter 60), referred to collectively as the “Regulations.” B. Nondiscrimination: CONTRACTOR, with regards to the work performed by it after award and before completion of the work under this Contract, shall not discriminate on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation in selection and retention of subcontractors, including procurement of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in discrimination prohibited by the Regulations. C. Solicitations for Subcontractors, Including Procurement of Materials and Equipment: In Form Approved by City Attorney 9-1-2020 Exhibit D - Page 7 all solicitations either by competitive bidding or negotiations made by CONTRACTOR for work to be performed under any subcontract, including all procurement of materials or equipment, each potential subcontractor or supplier shall be notified by CONTRACTOR of CONTRACTOR’s obligation under this Contract and the Regulations relative to nondiscrimination on the ground of race, color, religion, sex, national origin, age, marital status, physical handicap or sexual orientation. D. Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or by any orders or instructions issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by the CITY to be pertinent to ascertain compliance with the Regulations, orders and instructions. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the CITY, and shall set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of noncompliance by CONTRACTOR with the nondiscrimination provisions of this Contract, the CITY shall impose any sanctions it determines are appropriate including: (1) Withholding of payments to CONTRACTOR under this Contract until CONTRACTOR complies; (2) Cancellation, termination, or suspension of this Contract, in whole or in part.F. Incorporation of Provisions: CONTRACTOR shall include the provisions of subsections A through E, above, in every subcontract, including procurement of materials and leases of equipment, unless exempted by the Regulations, or by any order or instructions issued pursuant thereto. The City may direct CONTRACTOR to take specific actions to enforce these provisions, including sanctions for noncompliance; provided, however, that ifCONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, CONTRACTOR may request that the CITY join such litigation to protect the City’s interests. 18. Entire Agreement. This Contract, including all Exhibits and documents referenced herein, contains the entire agreement between the parties and supersedes whatever oral or written understanding they may have had before the execution of this Contract. No alteration to the terms of this Contract shall be valid unless approved in writing by CONTRACTOR, and by CITY, in accordance with applicable provisions of the Sacramento City Code. 19. Modification of Contract. The Contractor shall take no direction from any City employee that changes the executed terms and conditions of the Contract, including Exhibit A, or any change that impacts the cost, price, or schedule, before receiving a written, signed modification to the Contract. 20. Severability.If a court with jurisdiction rules that any portion of this Contract or its application to any person or circumstance is invalid or unenforceable, the remainder of this Contract will not be affected thereby and will remain valid and enforceable as written, to the greatest extent permitted by law.

Form Approved by City Attorney 9-1-2020 Exhibit D - Page 8

21. Waiver.Neither the CITY’s acceptance of, or payment for, any Goods or Services, nor any waiver by either party of any default, breach or condition precedent, will be construed as a waiver of any provision of this Contract, nor as a waiver of any other default, breach or condition precedent or any other right hereunder. No waiver will be effective unless it is in writing and signed by the waiving party. 22. Governing Law. This Contract shall be governed, construed and enforced in accordance with the laws of the State of California, except that the rule of interpretation in California Civil Code section 1654 will not apply. Venue of any litigation arising out of this Contract will lie exclusively in the state trial court or Federal District Court located in Sacramento County in the State of California, and the parties consent to jurisdiction over their persons and over the subject matter of any such litigation in such courts, and consent to service of process issued by such courts. 23. Assignment Prohibited. The expertise and experience of CONTRACTOR are material considerations for this Contract. CITY has a strong interest in the qualifications and capability of the persons and entities that will fulfill the obligations imposed on CONTRACTOR under this Agreement. In recognition of this interest, CONTRACTOR shall not assign any right or obligation pursuant to this Contract without the written consent of the CITY. Any attempted or purported assignment without CITY’s written consent shall be void and of no effect. 24. Binding Effect. This Contract is binding on the heirs, executors, administrators, successors and assigns of the parties, subject to the provisions of Section 23, above. 25. Compliance with Laws. The Contractor shall be responsible for strict compliance with all applicable laws, regulations, court orders and other legal requirements applicable to the work to be accomplished under the Contract, including the California Occupational Safety and Health Act and all applicable safety orders issued by the Division of Occupational Safety and Health, Department of Industrial Relations, State of California, and all applicable requirements of Underwriters Laboratories and the Federal Communication Commission. 26. Debarment Certification A. Pursuant to 2 CFR, Part 200, and applicable Executive Orders, the City is restricted in its ability to contract with certain parties that are debarred, suspended, or otherwise excluded or ineligible for participating in Federal assistance programs or activities. By signing this Agreement, CONTRACTOR warrants and certifies under penalty of perjury under the laws of the State of California that Contractor, including any owner, partner, director, officer, or principal of the CONTRACTOR, or any person in a position with management responsibility or responsibility for the administration of federal funds: (1) Is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency; (2) Has not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction or contract (federal, state, or local); violation of federal or state antitrust statutes; or Form Approved by City Attorney 9-1-2020 Exhibit D - Page 9 commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, receiving stolen property, or other criminal felony;(3) Is not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) above; or(4) Has not, within a three-year period preceding this certification, had one or more public contracts (federal, state, or local) or transactions terminated for cause or default.(5) Has not been notified, within a three-year period preceding this certification, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. Federal taxes are considered delinquent if the tax liability has been finally determined and the taxpayer is delinquent in making payment, as defined in Section 52.209-5 of the Federal Acquisition Regulations. B. CONTRACTOR further warrants and certifies that it shall not knowingly enter into any transaction with any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from covered transactions by any federal or state department/agency. Any exceptions to the warranties and certifications in this Section must be disclosed to the City. C. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Contractor’s responsibility. Disclosures must indicate to whom exceptions apply, the initiating agency, and dates of action. D. City will review the Federal Government’s System for Award Management Exclusions maintained by the General Services Administration for eligibility, prior to the execution of this Agreement. The CONTRACTOR shall provide immediate written notice to the City if, at any time prior to execution, the CONTRACTOR learns this certification is erroneous or has become erroneous by reason of changed circumstances. If it is later determined that the Contractor’s warranties and certification in this Section were erroneous, the City may terminate this Agreement for default.

Form Approved by City Attorney 9-1-2020 Exhibit E - Page 1 EXHIBIT EADDITIONAL REQUIREMENTS FOR SURVEYING, MATERIAL TESTING, AND INSPECTION SERVICES The Services provided under this Contract include land surveying, material testing, or inspection services provided for a City construction project during the design, pre-construction, construction, or post-construction phases of the project. Therefore, the services include “Public Work” under the California Labor Code and is subject to the following requirements: A. Payment of Prevailing Wages: Contractor and any subcontractor(s) performing any Public Work shall comply with the provisions of Sacramento City Code section 3.60.180 and applicable provisions of the California Labor Code, which require, among other things, that CONTRACTOR and all subcontractors pay not less than the prevailing rate of wages, as determined by the Director of the California Department of Industrial Relations (“DIR”) in accordance with California Labor Code section 1773. CONTRACTOR and every subcontractor shall maintain payroll records and submit certified payrolls and other labor compliance documentation electronically when and as required by CITY. In addition, Labor Code Section 1771.4 requires the CONTRACTOR and any subcontractor performing any Public Work to furnish electronic payroll records directly to the Labor Commissioner. Contractor shall include these requirements in every subcontract. This Agreement is subject to compliance monitoring and enforcement by the DIR, as specified in California Labor Code section 1771.4. The Contractor and any subcontractor will be subject to withholding and penalties for violation of prevailing wage requirements in accordance with applicable law, including Labor Code Sections 1726, 1741, 1771.5, and 1775, and City Code Section 3.60.180. Questions regarding the City’s Labor Compliance Program should be directed to the City Representative. B. DIR Registration: California Labor Code Section 1725.5 requires the CONTRACTOR and all subcontractors performing Public Works services to be currently registered with the DIR, as specified in California Labor Code Section 1725.5. California Labor Code Section 1771.1 provides that a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal (subject to the requirements of Section 4104 of the California Public Contract Code), or engage in the performance of any contract for Public Work, unless currently registered and qualified to perform Public Work in accordance with California Labor Code Section 1725.5. Further information can be found on DIR’s website at http://www.dir.ca.gov/Public-Works/Contractors.html. The above summary is provided solely for informational purposes and does not in any way affect the CONTRACTOR’s and subcontractors’ obligation to comply in all respects with all other applicable laws and regulations. The CONTRACTOR shall disseminate these provisions to all subcontractors. Before the performance of work by Contractor or any subcontractor(s) under this Contract, Contractor shall furnish Contractor’s and any subcontractors’ current DIR

Form Approved by City Attorney 9-1-2020 Exhibit E - Page 2 registration number(s). The Contractor’s current DIR registration number and the current DIR registration number of all subcontractors will be listed on the Subcontractor and LBE Participation Verification Form, incorporated herein.To be completed by the City Representative if this Agreement is for the performance of any Public Work:Contractor DIR registration #: ____________1000008020_____________________ C. Workers’ Compensation Certification. In accordance with California Labor Code Section 1861, by signing this Contract, Contractor acknowledges and represents that Contractor is aware of the provisions of section 3700 of the California Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and that Contractor will comply with the provisions of the Labor Code before commencing performance under this Contract.D. Apprentices. If this Contract is for the performance of any Public Work, and the amount of the Contract is $30,000 or more, the Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.190, Section 1777.5 et seq. of the California Labor Code, and implementing regulations set forth in Title 8 of the California Code of Regulations, governing the employment of apprentices. The Contractor and any subcontractors performing Public Work will be subject to penalties for apprenticeship violations in accordance with Labor Code Section 1777.7.E. Working Hours. If this Contract is for the performance of any Public Work, Contractor and any subcontractors performing any Public Work under this Contract must comply with and be subject to enforcement under, the provisions of Sacramento City Code Section 3.60.180 and California Labor Code Section 1810 et seq., governing the working hours of employees performing Public Work.F. Failure to Comply with Labor Compliance. If all applicable labor compliance requirements are not met, the City will have the right to withhold or reject a payment request and/or invoice, in whole or in part, without in any way relieving Contractor or its subcontractors of any obligations under this Contract. G. Subcontractors. The Contractor shall include these provisions A through F in every subcontract or sub-agreement for any subcontractors performing work under this Contract.

Request for ProposalsRFP NO. P24141421500Project Name:SAMPLING, LABORATORY TESTING, TECHNICAL SUPPORT, AND DISPOSAL SERVICES FOR THE COMBINATION SANITARY SEWER(CSS) MANAGEMENTRFP Posted on:September 13, 2023 RFP Closes on:October 4, 2023, 2:00 PMQuestions due by:September 25, 2023, 5:00 PMProposals shall be submitted electronically only: http://www.planetbids.com/portal/portal.cfm?CompanyID=15300

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RFP No. P24141421500 ISSUE DATE: September 13, 2023 The City of Sacramento, Department of Utilities (DOU) is soliciting proposals establish contract(s) with firm(s) to provide sampling, laboratory testing, technical support, and disposal services for Combined Sewer System (CSS) waste management with the best overall value and coverage of requirements. Interested firms are invited to submit their proposals in accordance with the requirements set forth in this Request for Proposals (RFP). All proposals shall be submitted in accordance with the format and information listed in the Submittal Requirements. ELECTRONIC SUBMISSIONS ONLY: http://www.planetbids.com/portal/portal.cfm?CompanyID=15300 PROPOSALS DUE BY: October 4, 2023, 2:00 p.m. QUESTIONS: Questions regarding this Request for Proposals should be directed via the City of Sacramento’s online bid portal per the instructions and deadlines outlined in the RFP timeline below.

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Table of Contents 1 About the City of Sacramento Page 4 2 Project Overview Page 4 3 RFP Response Requirements Page 4 4 Proposed Timeline Page 4 5 Scope of Service Page 5 6 Proposal Requirements Page 7 7 Selection Process Page 9 8 Evaluation Criteria Page 9 9 Acceptance of Proposal Page 10 10 General Information Page 11 11 Administrative Information Page 13 Attachment 1 – Submittal Signatures Attachment 2 – Proposal Rating Form Attachment 3 – Proposal Fee Structure Tax Forms Attachment 4 – Local Business Enterprise (LBE) Program 5% Preference Form Attachment 5 – Local Ordinances Attachment 6 – Tax Forms P24141421500 Page 4 of 28

1. About the City of Sacramento Founded in 1849, the City of Sacramento is the oldest incorporated city in California and is the capital city of California. It has a population of 500,000. Sacramento is a progressive City with great pride in its ethnic and cultural diversity, concern for environmental and social issues and emphasis on quality in the provision of governmental services. Sacramento is a Charter city, which operates under the City Council Manager Form of government. It has an annual budget of $1.3 billion and 4,500 full-time equivalent positions. 2. Project Overview The City of Sacramento, Department of Utilities (DOU) is soliciting proposals establish contract(s) with firm(s) to provide sampling, laboratory testing, technical support, and disposal services for Combination Sanitary Sewer waste management with the best overall value and coverage of requirements. The City of Sacramento (CITY) periodically generates waste materials from pipeline cleaning activities AND temporarily stores the waste in bins at the CITY's Meadowview yard. The CITY has requested a time-and-materials proposal to conduct periodic sampling for constituents of concern; evaluate data relative to waste disposal requirements; and assist with creating and maintaining waste profiles for disposal companies selected by the CITY or their waste disposal contractor. The major work elements of the Project are described as follows but may change after award upon review and negotiation with the CONTARACTOR: • Task 1 — Project Management • Task 2 — Materials Sampling and Analysis • Task 3 — Data Review and Waste Profiling • Task 4 — Additional Services as Needed • Task 5 – Waste Disposal o 5.1 Waste Profiling, Project Setup, and Initial Bin Delivery o 5.2 Waste Disposal 3. RFP Response Requirements In response to the RFP, the City anticipates receiving competitive pricing as well as an assurance of quality services. The City intends to award one contract, however, may choose to award additional contracts as the City deems necessary to meet the City’s needs. If subsequent contracts are awarded, it will be based on initial proposals received in response to this RFP and must meet all the terms and conditions described herein. Firms that do not submit a proposal by the closing date and time will not be considered for any subsequent award. 4. Project Budget and Performance Period One or more contracts may be awarded under this RFP. The initial contact period will be three (3) years, with the option of two one-year extensions for a total length of up to five (5) years at the discretion of the City Manager. The selected firm(s) will meet with City staff to identify the specific tasks, schedule, and budget for the Agreement. 5. Proposed Timeline [Firmed up just before posting] Release of Request for Proposal: September 13, 2023 P24141421500 Page 5 of 28
Questions Due by: September 25, 2023, 5:00 p.m. on Proposals Due By: October 4, 2023, 2:00 p.m. on Selected Firm Notified: November 2023 Anticipated Contract Award: December 2023 Submit all questions via the City of Sacramento online bid portal at: http://www.planetbids.com/portal/portal.cfm?CompanyID=15300 Written response to questions will be provided either as an addendum or an email to all prospective proposers via the City's online bid portal. NOTE: The City of Sacramento reserves the right to modify the dates listed at its sole discretion. Prospective contractors will be notified of any significant schedule changes by addendum issued via the City of Sacramento online bid portal. The City shall not accept submittals after the submission deadline specified in this RFP and shall return the unopened proposals to the respective respondents. The City will not consider late proposals under any circumstances. 5. Scope of Service The scope of work details the City’s requirements for sampling, laboratory testing, technical support, and disposal services for CSS waste management with the best overall value and coverage of requirements. Please address each point of the scope of work in your proposal. Task 1 — Project Management Services This task covers the project management services provided during the lifecycle of the project. CONTRACTOR will manage the technical, budget, and schedule for tasks within this Scope of Services. CONTRACTOR will prepare a health and safety plan (including COVID-19 response plan), monitor project budget and schedules, and prepare monthly invoices and progress reports, as needed. Task 2 — Materials Sampling and Analysis After notification to proceed and at request of the CITY, CONTRACTOR will complete sampling and analytical tasks as summarized below. Subtask 2.1 — Site Sampling Activities CONTRACTOR will perform up to six (6) waste sampling activities at the CITY's Meadowview yard. Waste samples will be collected into laboratory-supplied glassware and transported to a qualified laboratory analysis under chain of custody protocol. Subtask 2.2 — Laboratory Analysis CONTRACTOR will submit one representative sample for each sampling event for Title 22 metals by USEPA Methods 6010/7470. Based on historical data suggesting soluble concentrations of lead and/or chromium in waste material may exceed California disposal criteria, we have budgeted for waste extraction test (WET) solubility testing P24141421500 Page 6 of 28
for up to two metals per sampling event. CONTRACTOR will provide electronic data submittals following each sampling event. Task 2 Assumptions: Each sampling event can be performed in a single mobilization, with access to materials readily provided by CITY staff. Sampling activities can be performed safely using standard Level D personal protective equipment, and extraneous safety measures (i.e. fall protection, confined space management, etc.) will not be required. Standard turnaround time on analytical results is ten working days and can be expedited as needed for additional cost. Task 3 — Data Review and Waste Profiling CONTRACTOR shall provide CITY with waste data interpretation and disposal profiling support as described below. Subtask 3.1 — Data Validation and Review CONTRACTOR will validate all data received from the subcontracted laboratory for completeness and adherence to method-specific protocols. Validated data will be compared to state and federal waste acceptance criteria and presented to CITY via teleconference of electronic submittal. Subtask 3.2 — Waste Profiling Support CONTRACTOR will interface with CITY staff and subcontracted waste hauler to discuss disposal options for material and to accurately complete the waste profiling process. Task 4 — Additional Services, As Needed CONTRACTOR will provide additional, out of scope services at request of CITY. Subtask 4.1 — Additional Chemical Analyses CONTRACTOR will request additional chemical analysis of waste samples as may be requested by the accepting disposal facility. Subtask 4.2 — Additional Sampling or Client CITY Support CONTRACTOR will provide additional sampling and/or support services at request of the CITY. Task 5 – Waste Disposal This task covers time and materials to assist the CITY with removal and proper disposal of the waste generated during pipeline cleaning. The tasks below include initial waste profiling, disposal facility coordination, manifest tracking, bin rental, monthly transportation and disposal of waste, and Contractor field oversight and task related health and safety planning (including COVID-19 response plan) for each waste removal event. CONTRACTOR will monitor project budget and schedules, and prepare monthly invoices and progress reports, as needed. CONTRACTOR will review project status and forecast budget and staffing needs monthly; prepare monthly invoices and billings and submit to electronically the CITY’s Finance Department and the City Project Manager at the end of each month; and manage subcontracted service providers.

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Subtask 5.1 – Waste Profiling, Project Setup, and Initial Bin Delivery CONTRACTOR will coordinate with the subcontracted waste hauler and receiving facility to execute a waste profile. Waste will be transported to Waste Management’s Kettleman Hills facility for disposal as non-RCRA waste. CITY has determined this facility currently provides the most cost-effective option for the anticipated waste, but additional facilities will be considered based on the outcome of the profile. This subtask includes project management, disposal facility coordination, set-up and delivery of soil bins, monthly bin rental, transportation, disposal of solid waste, and contractor/subcontractor oversight and task-related health and safety planning. Subtask 5.2 – Waste Disposal CONTRACTOR will coordinate with CITY staff as needed to coordinate waste disposal events. These disposal events will occur no less than quarterly and no more than twelve (12) events annually and include disposal facility coordination, cradle-to-grave manifest tracking, bin rental, transportation, and disposal solid waste, and contractor/subcontractor oversight and task related health and safety planning. Task 5 Assumptions: Waste will consist of "sludge" (solid waste) with no free liquid. Assumes up to 20 yards per event, with no bin being loaded with a quantity greater than 20 tons. Waste can be profiled for disposal at Waste Management Kettleman Hills as non-RCRA waste and that fecal coliform is below acceptable levels. Assumes adequate access for delivery of one roll-off bin and simultaneous pickup of up a second roll-off bin for each event. Each disposal event can be performed in a single mobilization, with access to materials readily provided by CITY staff. Field oversight during waste bin removal can be performed using standard Level D personal protective equipment, and extraneous safety measures (i.e. fall protection, confined space management, etc.) will not be required. Field oversight during waste bin removal will be performed during normal business hours (Monday – Friday, 7:00am - 3:30 pm) and can be completed as scheduled by the receiving facility and the transportation contractor. 6. Proposal Requirements Firms or individuals interested in submitting proposals for this project should respond to this RFP by submitting an electronic proposal providing all the information requested below. The proposal will only be considered complete if all of the items listed in this section are included in the submittal. Complete and submit proposals by: October 4, 2023, 2:00 PM PST, Submit Electronically to: http://www.planetbids.com/portal/portal.cfm?CompanyID=15300 Each proposal that is submitted for consideration shall include, at a minimum, the RFP transaction number, project name, company name, and the information as called for in the section below. To be considered your proposal(s) shall be responsive to all of the items set forth below:

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The proposal should be no more than ten (10) double-sided pages (12-point font), not including introductory letters, resumes, references and/or other appendices as long as they are clearly labeled as such. Submit fee schedule(s) and hourly rates electronically within your proposal. Submit fee schedule(s) and hourly rates electronically using the rate sheet(s) provided. Submit fee schedule(s), and hourly rates in a separate file via email only to [email protected]. Please provide and present the following information in the order listed, in a clear and concise format: 1. Transmittal Letter including: a. Firm Name b. Corporate office and local office address, city, state, zip code, fax number, and website address c. Proposal contact person, address, phone number, email address, etc. d. Firm brief history, background, specialties, and ownership e. Office location or locations where the work will be accomplished by the proposing firm and/or subcontractors. f. The transmittal letter must also acknowledge any addendums provided on the City of Sacramento's Online Bid Portal PlanetBids and should be signed by an officer authorized to bind the proposing firm. 2. Project Approach: Describe how your firm will approach the project and the firm’s basic understanding of the RFP requirements showing that you understand the objectives and requirements of the project. This letter should also contain an expression of the firm’s interest in the work, a statement regarding the qualifications of the firm to provide the services and any summary information that may be useful or informative to the City. 3. Project Team: Identify the personnel that will be assigned to the project, their credentials and their experience with similar projects. Provide an organizational chart for proposed team, identifying the project manager and task leads. The project manager should be the day-to-day contact for the project and will be expected to communicate with City staff. 4. Resumes: Provide resumes for Project Manager and key individuals. 5. References: Provide a minimum of 3 customer references that demonstrate performance and implementation of similar projects. Typical documentation would be the names of customers with who the contractor has similar contracts and details of types of services performed. 6. Complete the Local Business Enterprise (LBE) Preference form (Attachment 4) 7. Complete the form entitled Submittal Signature (Attachment 1). 8. Provide a Cost Estimate that follows the outline provided on the Proposal Fee Structure form (Attachment 3) and other related information in a separate sealed envelope.

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9. Provide either a “No Conflict of Interests” statement if unaware of any actual, apparent, or potential conflicts of interest that may result from this project, or a “Conflict of Interests Disclosure” statement that identifies any actual, apparent, or potential conflicts of interest that may result. These may include any interests with respect to the firm or individual, its’ employees, or other persons relative to the services to be provided. 7. Selection Process After the submittal deadline has passed, a selection committee comprised of DOU staff, a representative from another city department, and/or other outside panel members with industry expertise will use the criteria provided in Attachment 5 – Proposal Rating Form to review and rank each of the firm(s) based on proposals received. The City intends to enter into contract negotiations with the top ranked firm(s) or individual(s). If negotiations are not successful, then DOU may enter into negotiations with the next-ranked firm(s) or individual(s), and so on until an agreement has been reached. The issuance of this RFP shall not be interpreted as a representation by the City that any specific firm(s) or individual(s) will be retained to perform any of the services described herein. A firm or individual shall not acquire any right or entitlement to be retained for such purpose by virtue of submitting a proposal in response to this RFP. 8. Evaluation Criteria The City will validate and evaluate all proposals received. All requirements identified in the RFP must by satisfied in order to ensure that a proposal will qualify for consideration. Selection of the top ranked firm may be made based solely on the selection committee’s review and ranking of the proposals, without conducting any interviews. If interviews are deemed necessary, they will be conducted with the top ranked firms (minimum of two) and considered in the selection. If interviews are held, the selection committee will select the top-ranked firm(s) based on the proposal scores as indicated in Attachment 2 – Proposal Rating Form. The interviews will be scored separately, and the firm that has the highest score, based on the Interview Criteria, as indicated in Attachment 2, will be selected. All requirements identified in this RFP must be satisfied for a proposal to qualify for consideration. A staff panel will review the proposals which will be evaluated based upon their relative ranking using the criteria listed in Attachment 2. At the completion of the evaluation process, a total point value will be compiled for each proposal. The award recommendation(s), if any, will not necessarily be based on the lowest prices proposed or on the point values assigned. LBE Five Percent (5%) Proposal Evaluation Preference For contracts under $250,000, firms that qualify as a Local Business Enterprise (LBE) will receive a 5% preference on all City procurement opportunities. For professional service contracts only, this preference also applies to procurement opportunities of $250,000 or more. For contracts to be awarded in response to a solicitation for proposals, a firm that qualifies as an LBE shall receive additional points during the scoring process so the final score awarded to the LBE is increased by 5% of the total possible evaluation points.

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Detailed information about this program can be found at: https://cityofsacramento.org/Finance/Procurement/Contract-OrdinancesRejection of Proposals The City of Sacramento reserves the right to reject any and all proposals received in response to this request, or to negotiate separately with any source whatsoever in any manner necessary to serve the best interests of the City. The City of Sacramento may, at its discretion, determine not to award a contract solely on the basis of this request for proposals and will not pay for the information solicited or obtained. It is recognized that each proposer may have developed unique and typical methods of service delivery. It is not the City’s intention to disqualify a Proposer due to variations in service delivery that do not adversely affect quality and performance. Any proposal offering services equivalent to, or of better quality and performance than that requested, which provides the necessary service, will receive full consideration for award. Withdrawal of Proposals Unauthorized conditions, limitations, or provisions attached to a proposal may be cause for its rejection. No oral, telegraphic or telephonic proposals or modifications will be considered. The proposal may be withdrawn upon request by the Proposer without prejudice to the Proposer prior to, but not after the time fixed for opening of proposals, provided that the request for withdrawal is in writing, has been executed by the Proposer or the Proposer’s duly authorized representative, and has been filed with the City. Contract Negotiations Contract negotiations may be undertaken simultaneously during the evaluation of proposals with the finalist(s) as determined by the City. The City will not accept any changes to the standard agreement. 9. Acceptance of Proposal The contents of the proposal of the successful Proposer will become contractual obligations to be contained in a formal written agreement. Failure of successful Proposer to accept these obligations in a formal agreement may result in cancellation of the award. Addenda and Supplements to RFPIf it becomes necessary to revise any part of the RFP, an addendum to the RFP will be provided to all known prospective proposers via the City of Sacramento's online bid portal PlanetBids. http://www.planetbids.com/portal/portal.cfm?CompanyID=15300 It is the responsibility of the proposer to verify addenda and supplements up to the RFP submission date and time. Contractor Responsibilities The Contractor must commit a professional staff and an experienced Project Manager who will be responsible for coordinating the services with the City. Service shall be the best of its respective kind. All professionals shall be skilled, knowledgeable, and successfully experienced in all aspects of providing the required services. Licenses The Contractor shall be required to obtain any necessary licenses and shall comply with all Federal, State and local laws, codes and ordinances without cost to the City.

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Non-Waiver of Defaults Any failure by the City to enforce or require the strict keeping and performance of any of the terms and conditions of the contract, shall not constitute a waiver of such terms and conditions, nor shall it affect or impair the right of the City to avail itself of such remedies as it may have for any breach of the terms and conditions. Business Operations Tax CertificateChapter 3.08 of the Sacramento City Code requires that anyone conducting business with or within the City of Sacramento to pay a Business Operations Tax and to have a current Business Operations Tax Certificate. The successful Proposer, and any subcontractors, will be required to show compliance with this requirement prior to the award of the contract. Information about the Business Operations Tax Certificate may be obtained by using the link below or contacting the City of Sacramento Revenue Division, 915 I Street, New City Hall First Floor, Sacramento, CA 95814, or by telephone at 916-808-8500. http://www.cityofsacramento.org/Finance/Revenue/Business-Operation-TaxContractual Obligations Proposer should review the contract and indicate in the proposal the extent to which Proposer can and is willing to comply with each and every provision of the attached contract. The Request for Proposal together with Proposer’s response shall be incorporated into the final contract. Professional Services Agreement The Proposer(s) recommended for this award will be required to sign the Professional Services Agreement. The Agreement can be found at the following URL: http://www.cityofsacramento.org/Finance/Procurement/Standard-AgreementsProposers are responsible for reading and understanding the Professional Services Agreement’s requirements, terms and conditions prior to submitting their proposals. 10. General Information Proposals may be withdrawn or modified before the due date of submission for proposals by delivering a written and signed request by the due date. A request for modification of the proposal after the due date will not be considered, including a representation that the proposer was not fully informed regarding any information pertinent to the proposal or the offer. The City shall not be responsible for or bound by any oral instructions, interpretations or information provided by the City or its employees other than the RFP contact. The City reserves the right to reject any or all proposals submitted, correct any technical errors in the RFP process, waive any irregularities in any proposal, negotiate with any of the proposers, accept other than the lowest fee offer, or enter into a subsequent agreement with another proposer if the originally selected proposer fails to execute its agreement with the City. Any agreement shall not be binding unless it is executed by authorized representatives of the City and the selected proposer. Proposing firms are solely responsible for any expenses incurred in preparing their proposals in response to this RFP.

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Proposals should be prepared simply and economically, providing straightforward, concise delineation of the firm’s capabilities to satisfy the requirements of this RFP. The emphasis should be on completeness and clarity of content. To expedite proposal evaluations, it is essential that specifications and instructions contained in the proposal instructions are followed as outlined. Proposals received are public records that will be disclosed upon request. All material submitted that has not been clearly designated in the proposal itself as proprietary information becomes the property of the City. Proposals submitted become the property of the City and may be reviewed and evaluated by any persons at the discretion of the City. Responses to this RFP become the exclusive property of the City. At such time as City staff recommends a Proposer to the City Council, all proposals received in response to this RFP become a matter of public record and shall be regarded as public records and will be disclosed upon receipt of a request for public disclosure pursuant to the California Public Records Act; provided, however, that if any information or elements of the proposal is set apart and clearly marked as “Trade Secret” or “Proprietary” when it is provided to the City, the City will give notice to the Proposer of the request for disclosure to allow the Proposer to seek judicial protection from disclosure. Failure by the Proposer to take timely steps to seek judicial protection from disclosure shall constitute a complete waiver by the Proposer of any rights regarding the information designated as “Trade Secret” or “Proprietary” and such information may be disclosed by the City pursuant to applicable procedures under the California Public Records Act. Under no circumstances will City have any obligations to seek judicial protection from disclosure for any proposals or other materials submitted in response to this RFP. City has no liability for any disclosure, unless such disclosure is made in violation of a court order obtained by a Proposer or pertains to materials marked as “Trade Secret” or “Proprietary” for which the City failed to give the above notice. Any/all respondents responding to this RFP do so entirely at their expense. There is no expressed or implied obligation by the City to reimburse any individual or firm for any costs incurred in preparing or submitting responses, for providing additional information when requested by the City or for participating in any selection demonstrations or interviews, including pre-contract negotiations and contract negotiations. The City reserves the right to decide that one proposer is more responsive than the others and to select that proposal based on review of the proposal only. The City reserves the right to reject individual firm members, firms, and subcontractors and request substitution without indicating any reason. A proposal is late if received at any time after the required submittal date and time. A proposal received after the specified time will not be considered and will be returned to the proposer. If you have any questions regarding form and content of your proposal per this RFP, please send your questions electronically via the City’s online bid portal: http://www.planetbids.com/portal/portal.cfm?CompanyID=15300 RFP submittals missing acknowledgement of any addendum or information requested in this RFP shall be considered non-responsive and the firm will be eliminated from evaluation.

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11. Administrative Information A. Procurement Portal and Supplier/Bidder Registration New suppliers will be required to register on the City’s Vendor Portal before a contract can be written. Please follow this link to the Portal for information on registration. https://ebids.cityofsacramento.org/psp/psf92prd/SUPPLIER/ERP/c/SUP_OB_MENU.AUC_BIDDER_REGISTR.GBL?Action=U&SUP_OB_TEMPLATE_ID=SUPPLIERB. Contract Information Please follow this link for additional contracting information. Please note at a minimum, the City will require Commercial General Liability, Automobile Liability, Workers’ Compensation and Employer’s Liability insurance. http://www.cityofsacramento.org/Finance/Procurement/Bid-Information C. Tax Forms Attachment 6 provides links for tax forms for the City to release payments for work completed, the selected firm or individual must provide a W-9 form and either a California form 587 or California form 590. D. Local Ordinances The City of Sacramento has local ordinances that may or may not apply to the successful firm. Attachment 5 provides a table of those ordinances. Additional information on the requirements of each can be found at: http://www.cityofsacramento.org/Finance/Procurement/Contract-OrdinancesE. Addenda and Supplements The City reserves the right to cancel, postpone, extend, or revise this RFP or the RFP process at any time. If it becomes necessary to revise any part of this RFP, any or all addenda will be posted on the following website: http://www.planetbids.com/portal/portal.cfm?CompanyID=15300# (Vendor registration for this “City of Sacramento Vendor Portal” is free and allows viewing of all Sacramento postings.) F. Miscellaneous The submission of a response to this RFP constitutes the submitting firm’s or individual’s understanding and agreement that all material submitted shall become the property of the City of Sacramento. It may be reviewed and evaluated as part of this RFP process by any person(s) at the discretion of the City and may be publicly disclosed.

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ATTACHMENT 1 SUBMITTAL SIGNATURE All FIRMS must complete and sign this section. Failure to complete and sign this section may result in rejection of the submittal. Name of Firm: ________________________________________________ Business Address: ____________________________________________ (Street) (City) (State) (Zip Code) Telephone: _______________________ Fax: ___________________________ Type of Business: Corporation Partnership Individual doing business under own name Individual doing business using a firm name Joint Venture (Attach Joint Venture Agreement) Federal Tax I.D. Number: ______________________________________ City of Sacramento Business Operations Tax Number: ________________ *Mandatory only if recommended for contract award. Signature: ________________________ Date Signed: __________________ Name & Title: __________________________________________________ P24141421500
ATTACHMENT 2 PROPOSAL RATING FORM SAMPLING, LABORATORY TESTING, TECHNICAL SUPPORT, AND DISPOSAL SERVICES FOR CSS WASTE MANAGEMENT Firm: Selection Committee Member: Date of Review: Selection Committee Member Signature: Criteria* Available Points** Score 1. Expertise, Experience & Qualifications 25 2. Services Rendered 25 3. Cost of Services 30 4 References 20 Subtotal 100 LBE Preference 5 Total 105At the completion of the evaluation process, a total point value will be compiled for each proposal. The award recommendation(s), if any, will not necessarily be based on the lowest prices proposed or on the point values assigned. The City reserves the right to accept or reject any or all submittals. Interview Criteria (Optional) AvailablePoints Score 1. Interview 20 Total 20 P24141421500
ATTACHMENT 3 PROPOSAL FEE STRUCTURE Task Number Task Description Cost Task 1 Project Management1.1 Monthly Invoicing and Project Administration 1.2 Client/Contractor Communications 1.3 Prepare Health/Safety Forms, COVID-19 Response Plan Task 2Materials Sampling and Analysis2.1 Site Sampling Activities (6 events)2.2 Laboratory Analysis Task 3 Data Review and Waste Profiling3.1 Data Validation & Review3.2 Waste Profiling Support Task4Additional Services As Needed4.1 Additional Chemical Analyses 4.2 Additional Sampling or Client SupportTask 5 Waste Disposal5.1 Waste Profiling, Project Setup, and Initial Bin Delivery 5.2 Waste Disposal Total P24141421500
ATTACHMENT 4 LOCAL BUSINESS ENTERPRISE (LBE) PROGRAM 5% PREFERENCE FORM NOTE: Proposers must provide responses to the following items in order to qualify for the 5% preference.1. LBE FIVE PERCENT (5%) PREFERENCE For contracts under $250,000, firms that qualify as an LBE will receive a 5% preference on all City procurement opportunities. For professional service contracts only, this preference also applies to procurement opportunities of $250,000 or more. For contracts to be awarded in response to a solicitation for bids, a bid or quotation submitted by a firm that qualifies as an LBE will receive a 5% bid evaluation preference for the purpose of determining the lowest responsible bidder. This means that, for bid evaluation purposes, the total price bid by an LBE shall be reduced by 5%. However, this reduction only applies for bid evaluation purposes, and the resulting contract or purchase order will reflect the actual amount bid by the LBE. For contracts awarded in response to a solicitation for proposals or qualifications, a firm that qualifies as an LBE shall receive additional points during the scoring process, so the final score awarded to the LBE is increased by 5% of the total possible evaluation points. Local Business Enterprise means a business enterprise, including but not limited to, a sole proprietorship, partnership, limited liability company, corporation, or other business entity that has a legitimate business presence in the city or unincorporated county of Sacramento. Evidence of legitimate business presence in the city or unincorporated county of Sacramento shall include: 1. Having a current City of Sacramento Business Operation Tax or County of Sacramento Business License for at least twelve (12) consecutive months prior to submission of bid; and 2. Having either of the following types of offices or workspace operating legally within the city or unincorporated county of Sacramento for at least twelve (12) consecutive months prior to submission of bid: a. The LBE’s principle business office or workspace; or b. The LBE’s regional, branch or satellite office with at least one full time employee located in the city or unincorporated county of Sacramento. A. LOCAL BUSINESS ENTERPRISE (LBE) Is the firm submitting the bid qualified as a local business enterprise? Check the appropriate box below: YES - the firm submitting the bid is qualified as a local business enterprise. NO - the firm submitting the bid is not qualified as a local business enterprise. If the response to the above is YES, provide the City of Sacramento Business Operations Tax Certificate Number and/or County of Sacramento Business License Number: ______________________________________________ If the response to the above is YES, provide a current copy of the City of Sacramento Business Operations Tax Certificate and/or County of Sacramento Business License. If the response to the above is YES, provide business office or workspace address*: _______________________________________________ _______________________________________________ _______________________________________________ *Address must be a physical address for the basis of location, this excludes P.O. Box addresses. Detailed information about this program can be found at http://www.cityofsacramento.org/Finance/Procurement/Contract-Ordinances P24141421500
ATTACHMENT 5LOCAL ORDINANCES

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ATTACHMENT 6 TAX FORMSFor Information only. The appropriate form(s) are to be completed by the selected firm or individual. Complete the appropriate tax year CA form 590 OR CA form 587 and Federal IRS form W9. Forms and instructions are available on the respective Revenue Agency websites as follows: California forms: https://www.ftb.ca.gov/forms/search/index.aspxFederal forms: https://apps.irs.gov/app/picklist/list/formsPublications.html

Sacramento City CouncilJanuary 9, 2024

Sacramento City Council
January 9, 2024