The City of Seattle Department of Finance and Administrative Services

Project Manual

FOR

Haller Lake Electric Vehicle Charging Hub

PW #2024-066

Capital Development 700 5th Avenue, #5200

PO Box 94689 Seattle, WA 98124-4689

The City of Seattle Department of Finance and Administrative Services

Project Manual for

Shailee Sztern (08/15/2025 14:51:03 PDT)

Haller Lake Electric Vehicle Charging Hub

PW#2024-066

As Authorized by Ordinance No. 127156 Funding Source(s): 37300

Prepared by:

McKinstry Essention LLC

5005 3RD AVENUE, SOUTH

SEATTLE, WA 98134

for:

Jeff Roy, Project Manager Capital Development

700 5th Avenue, #5200 PO Box 94689

Seattle, WA 98124-4689

Director, FAS Capital Development

APPROVED FOR ADVERTISING

FAS Purchasing and Contracting

Director, FAS Purchasing and Contracting

08/15/2025

Date

Date

2025 Multipurpose LTGO Bond Fund

11/14/2025

HALLER LAKE ELECTRIC VEHICLE CHARGING HUB

SECTION 00 01 07

SEALS PAGE

1 October 2013 00 01 07-1

The Structural Engineer's seal and signature affixed hereon indicates this Engineer's review and participation in the preparation of the Project Manual. Participation is limited to following specification sections:

03 20 00 Concrete Reinforcement 03 30 00 Cast-in-Place Concrete

Jeff Goodwin, PE McKinstry Co., LLC

The Civil Engineer's seal and signature affixed participation in the preparation of the Project Manual. Participation is limited to following

03 30 00 Cast-in-Place Concrete 31 10 00 Site Preparation 31 22 00 Earthwork 31 41 00 Trench Safety 32 13 16 Flexible Paving 33 40 00 Storm Drainage Utilities

Sarah Pangelinan, PE LPD Engineering LLC

EXPIRES: 9-23-22

THIS IS AN ELECTRONIC SIGNATURE. DIGITAL

STAMP ORIGINAL ON FILE AT MCKINSTRY

SECTION 00 01 07

SEALS PAGE

1 October 2013 00 01 07-2

The Electrical Engineer's seal and signature affixed participation in the preparation of the Project Manual. Participation is limited to follow

26 00 10 Supplemental Requirements for Electrical 26 01 30 Electrical Vehicle Management Software as a Service 26 05 19 Low-Voltage Electrical Power Conductors and Cables 26 05 26 Grounding and Bonding for Electrical Systems 26 05 29 Hangers and Supports for Electrical Systems 26 05 33.13 Conduits for Electrical Systems 26 05 33.16 Boxes and Covers for Electrical Systems 26 05 43 Underground Ducts and Raceways for Electrical Systems 26 05 53 Identification for Electrical Systems 26 05 73 Power System Studies 26 22 13 Low-Voltage Distribution Transformers 26 23 16 Enclosed Switches and Circuit Breakers 26 24 13 Switchboards 26 24 16 Panelboards 26 27 16 Electrical Cabinets and Enclosures 26 27 26 Wiring Devices 26 28 13 Fuses 26 33 43 DC High Power Electric Vehicle Supply Equipment 26 33 43.01 Level 2 Commercial Electric Vehicle Supply Equipment, BAA 26 43 13 Surge Protective Devices for Low-Voltage Electrical Power CKTS

Jarred Coulter, PE McKinstry Co., LLC.

FINAL BID SET

FAS Rev July 2024

CITY OF SEATTLE

Bid Opening: 12/17/2025 2:00 PM

PW#2024-066

PROJECT LOCATION: 12600 Stone Ave N, Seattle, WA 98133

PROJECT DESCRIPTION: The proposed project includes the procurement and installation of three (3) DC fast charging electrical vehicle stations, one (1) level 2 battery charger, a new transformer pad and associated work to connect to new utility service, new electrical switch gear and associated electrical equipment and underground conduits.

A/E ESTIMATE: $867,691.42

PRE-BID SITE INSPECTION/MEETING:

There is a MANDATORY pre-bid site inspection for this project. All those that wish to bid on the project will need to attend one of the following. The first pre-bid site inspection is scheduled for Wednesday, December 3 at 9:00 a.m., the second pre-bid site inspection is scheduled for Friday, December 5 at 9:00 a.m. Please meet at SW entrance to Haller Lake Maintenance Facility located just north of Stone Ave N and N 125h St, Seattle, WA 98133. (1939 N 125th St Seattle WA 98133)

INCLUSION PLAN: For purposes of the Inclusion Plan, this is considered a ELECTRICAL INSTALLATION type of project with a Past Performance of 25% WMBE utilization rates based on completed projects. For questions on the Inclusion Plan please contact Miguel Beltran at Miguel.Beltran@seattle.gov or 206-684-4525.

Back-up contact is Carmen Kucinski at Carmen.Kucinski@seattle.gov or 206-684- 0188.

PAID SICK AND SAFE TIME: Bidders must understand the requirements of SMC

14.16 and demonstrate compliance prior to award.

DEADLINE FOR QUESTIONS: All questions must be submitted in writing to the Project Manager Jeff Roy before 5:00 p.m. on Thursday, December 11, 2025 before the bid opening Date.

BID DOCUMENTS: Contract Documents, contacts and Bid Instructions are available at https://procurement.opengov.com/portal/seattle.

mailto:Miguel.Beltran@seattle.gov mailto:Carmen.Kucinski@seattle.gov https://www2.municode.com/library/wa/seattle/codes/municipal_code?nodeId=TIT14HURI_CH14.16PASITIPASATI https://www2.municode.com/library/wa/seattle/codes/municipal_code?nodeId=TIT14HURI_CH14.16PASITIPASATI https://procurement.opengov.com/portal/seattle

Meet any supplemental criteria requirements in 00 21 13 section 1.01.B and if applicable in Section 00 73 00 Supplementary Conditions – Responsible Bidder Criteria.

Purchasing and Contracting Presley Palmer, Division Director 700 Fifth Ave., 43rd Floor | P.O. Box 94687 | Seattle, WA 98124-4687 | 206-684-0444 | seattle.gov/fas

Inclusion Plan

Construction – Public Works

Bidders must complete and submit this form with their bid. Carefully read all instructions.

For questions or assistance contact:

• Miguel Beltran, City Contract Compliance Manager, 206-684-4525

(Miguel.Beltran@seattle.gov)

• Carmen Kucinski, 206-684-0188 (carmen.kucinski@seattle.gov)

Bidder Company Name

Public Works Number

Project Title

Name of person authorized to speak on behalf of the company regarding this Plan

Email

Phone

Aspirational WMBE GOALS. Total available score: 6 points.

Identify the Aspirational WMBE Goals Bidder believes can reasonably be achieved through good faith efforts during this project. It is not mandatory that these goals be achieved; they are not contractually or legally binding. Goals must be developed in good faith and represented as attainable by reasonable efforts.

Estimated percentage of the base bid to Minority Owned contractors and suppliers

Estimated percentage of the base bid to Woman Owned contractors and suppliers

Total estimated percentage of the base bid to all WMBE contractors and suppliers mailto:Miguel.Beltran@seattle.gov mailto:Forrest.Gillette@seattle.gov

Last updated May 1, 2020

BUSINESS SUPPORT STRATEGIES. Total available score: 4 points

Each of the two options below is worth 2 points. Bidder may select one, both, or neither. Once selected, it applies to:

1. Registered as a Women or Minority Owned Business in the City Online Business Directory, and/or

2. Small Business Concern as certified by King County, and/or

3. Disadvantaged Business Enterprise of any definition certified by the State of Washington, and/or

4. Women or Minority Owned Business Enterprise as certified by the State of Washington; and/or

5. Small Business Concern certified by the State of Washington.

Business Support Strategy Accept (Y / N)

Early Retainage Release. The prime (and any sub-tier primes) will release retainage held for the subcontractor, within thirty (30) days of acceptance of the work performed by the qualified subcontractor.

Advance Mobilization Pay: The Prime (and any sub-tier primes) shall advance 10% of the specified and agreed-upon mobilization costs that were identified by line item within the WMBE firms bid, to each qualified firm at least 5 days in advance of the mobilization event.

WMBE GUARANTEES. Total available score: 6 points.

A Bidder may offer to guarantee work to WMBE firms for the project, by identifying the WMBE and minimum dollar value of such work in the table below. You may add additional rows.

WMBE Business Name Minimum Guaranteed

Dollar Amount

TOTAL $

City of Seattle: Public Works

Women and Minority Business Inclusion Plan Instructions

Carefully review all instructions. All Bidders must complete this form. The City public works inclusion plan requires the Bidder identify the good faith efforts the Bidder will use to include woman-owned and minority-owned business (WMBE) firms on the City project. There are 3 options for evidencing good faith efforts. Each option is worth points which can vary depending on information supplied by the Bidder. There are a maximum of 16 points available. The Bidder must earn at least 10 points. Bidders that earn less than 10 points will be found non-responsive and the Bid will be rejected. This Inclusion Plan becomes a material part of the Bidder’s contract if the project is awarded to Bidder.

WMBE firms are state certified or self-identified firms that are at least 51% WMBE owned (per SMC 20.42). A WMBE need not be self-identified within the City Online Directory at bid time, but in such case must self-identify and register by time of award. These resources may assist bidders:

City On-Line Directory: http://web6.seattle.gov/fas/registration/ OMWBE Directory: https://omwbe.diversitycompliance.com/

1. INSTRUCTIONS

a. All Bidders (including WMBE Primes) must complete and submit this form as part of the Bid for City design-bid-build public works project having an Engineer’s Estimate of $300,000 or greater, unless the City expressly instructs otherwise in the bid package.

b. There are three commitments Bidders can use to establish an Inclusion Plan – Aspirational WMBE Goals, Business Support Strategies, and WMBE Guarantees:

1. Aspirational WMBE Goals are goals Bidder believes can be achieved by good faith efforts.

This option is worth a maximum of 6 points;

2. Business Support Strategies are those the Bidder commits to employ for qualified firms. This option is worth a maximum of 4 points;

3. WMBE Guarantees identify WMBE firms the Bidder guarantees to contract with for this project, with agreement reached about the work and pricing for the WMBE scope, including any terms and conditions important to the WMBE for their performance. This option is worth a maximum of 6 points.

c. Work performed by a WMBE must be commercially useful and a distinct element of work that includes managing and supervising the work. The Contractor should evaluate the amount of work subcontracted, industry practices, and other relevant factors to determine whether the work is commercially useful.

d. A Bidder scored less than 10 points will be deemed non-responsive. See Scoring section below.

e. All dollars cited shall exclude sales tax (including references to the Total Bid Cost and estimates made by

Prime when completing this form).

2. SCORING INSTRUCTIONS

a. The average percentage of WMBE utilization on past City projects has been calculated by PC and is provided in the table below. This average is used to score the points that will be awarded for the aspirational goals and guarantees. These percentages are updated annually. Note that these averages include total WMBE utilization, not subcontracting alone, since aspirational goals may include prime self-performance.

http://web6.seattle.gov/fas/registration/ https://omwbe.diversitycompliance.com/

b. In addition to the Past Performance, scoring also recognizes an intent to exceed past performance by at least 2 percentage points above past performance.

c. If the project is characterized by work of various types, PC may calculate a unique utilization rate for the project given the weight of each. PC determination is not subject to challenge.

d. The project type and percentage of past WMBE utilization will be stated in the bids advertisement and documents.

e. If past utilization for a project type was zero, an Aspirational Goal above two percent will receive 6 points. Bidder must still identify Business Support Strategies and Guarantees it is willing to employ and will be scored accordingly.

f. Points awarded for WMBE Guarantees will be calculated based upon total available work for subcontract given past performance. This section can be awarded as many as 6 points.

g. A Bidder who has received a formal Deficiency Report issued by the City as a result of unfulfilled WMBE Inclusion Plan commitments on past projects will lose one point from the total score.

h. When calculations are used to evaluate the points, the City will calculate points to the nearest tenth decimal place. The City will round up to the nearest tenth.

2020 Roadway Facility Parks* Under ground Boundary

Structural

Paint Structural

Natural

Habitat Roof

Trenchle ss /

Sewer

Lining

3 year average Past performance 21% 25% 25% 14% 2% 2% 8% 16% 14% 8%

Note: Boundary refers to projects performed in Pend Oreille County (Boundary). Parks utilization rate excludes the mandatory self-performed WMBE work for a prime.

3. ASPIRATIONAL WMBE GOAL INSTRUCTIONS

a. Aspirational WMBE Goals represent a serious commitment to use good faith efforts to reach the stated goals.

b. The City will rely upon the Total WMBE Goal to determine responsiveness. The City will correct the Total

WMBE Goal if that provided by the Bidder does not match the MBE and WBE goals.

c. Aspirational WMBE Goals are a percentage of the Base Bid and during the course of the project will apply to the total contract amount including all contract change orders, additives, alternates and deductives. Contractor may seek a goal adjustment if such changes may merit a greater or lesser goal;

PC will consider such requests, approve if appropriate, and modify the Plan accordingly.

d. A WMBE Bidder may include in their goals and guarantees that percentage of contract base bid for work which the WMBE intends to self-perform that is in excess of the mandatory 30% they are otherwise required to perform as required by the City Specifications Section 1-08.1(3).

e. Bidder will receive between 0 and 6 points for its Aspirational WMBE Goals, with proportional points based on a straight line formula to Past Performance (plus 2%) identified for the project as advertised in the bid solicitation. Bidder receives 3 points if the Total Aspirational Goal is half of Past Performance + 2%. Six points are awarded if the Bidder meets or exceeds Past Performance by 2 or more percentage points. For example, a project with Past Performance of 14%, would receive 3 points if the Total Aspirational Goal was 8% or 6 points if the Total Aspirational Goal was 16%.

PA = 6A/(P + 2),

Where PA = Points awarded for Bidder’s Aspiration Goal A = Bidder’s Aspiration Goal (%) P = Applicable Past Performance Trend (%)

4. BUSINESS SUPPORT STRATEGIES INSTRUCTIONS

The Bidder may elect to provide the business support identified on Page 2 for qualified firms. The City will provide two points for each choice selected. There are two options, allowing a total of 4 points if both options are chosen:

1. Early Retainage Release. The prime and any sub-tier primes will release retainage held for the subcontractor, within thirty (30) days of acceptance of the work performed by the qualified subcontractor.

2. For mobilization, the Prime and any sub-tier primes will pay all qualified firms five days in advance of the on-site performance, except if a unique situation prohibits such as an emergency or event requiring an immediate mobilization response. In those events, the Prime (including any sub-tier primes) shall deliver the payment no later than 5 days after job mobilization begins.

5. WMBE GUARANTEE INSTRUCTIONS

a. This guarantees the City and WMBE that they shall be used for at least the amount given, following the remaining rules below.

1. A WMBE Guarantee expects the Bidder achieved agreement about scope, terms and cost of the work for the WMBE at bid time. The burden is upon the Bidder to resolve any differences, once the guarantee is given.

2. The amount guaranteed to WMBEs is not conditional on award of additives, deductives or alternates.

3. The Prime should clearly document in writing, agreements made with the WMBE firm upon which the guarantee was predicated, such as unit price or lump sum pricing as applicable, scope, terms or conditions, and subcontractor concurrence. This protects both parties when completing and executing the resultant subcontract before work begins.

4. The City may contact the WMBE firm or Prime after Bid opening to verify the firm has agreement to perform work as described in the plan. Failure to have agreement may result in rejection of the Inclusion Plan, rendering the Bid non-responsive.

5. A bidder will receive between 0 and 6 points for WMBE Guarantees, receiving a proportional number of points based on a straight line formula to Past Performance. A bidder will receive 3 points if the dollar-value of the Guarantees equals half of the Past Performance percentage. Six points are awarded if the Bidder commitments meet or exceed Past Performance.

PG = 6 G / P

Where PG = Points awarded for Bidder’s Guaranteed Goal

G = Bidder’s Guaranteed WMBE Goal (%) P = Applicable Past Performance Trend (%)

b. A WMBE bidder may only include self-performed work above 30%. This is based on the self-performance minimum required by the City Specifications Section 1-08.1(3).

c. Substitution or reduction of a Guaranteed WMBE firm is prohibited absent a waiver granted by the PC as a result of:

1. Bankruptcy of the WMBE firm;

2. Failure of the WMBE firm to provide the required bond;

3. The WMBE firm cannot perform the work because they are debarred, not properly licensed, does not meet the subcontractor approval criteria, or in some other way is ineligible to work;

4. Failure of the Subcontractor to comply with a requirement of law applicable to subcontracting;

5. Death or disability of the principal of the WMBE firm rendering it unable to perform the work;

6. Dissolution of the WMBE firm;

7. Failure of the WMBE firm to perform satisfactorily in previous projects not known to Bidder at the time of bid;

8. Failure or refusal of the WMBE to perform work for reasons other than contract term or pricing disputes;

9. A change in scope of the contract which removes the guaranteed work from the project.

10. WMBE Subcontractor does not execute an offered contract that reflects the terms and pricing that was agreed upon as a condition of the Guarantee. The Prime must evidence that the WMBE Subcontractor failed to execute a contract offered by the Prime which reflected such agreements, after the Subcontractor was given adequate time to execute the offered subcontract.

11. Change order that reduces the scope of work of a WMBE guarantee or other reason if approved by PC Division Director.

6. INCORPORATION OF PLAN INTO CONTRACT AND REPORTING REQUIREMENTS

a. PC may discuss the Plan with the Apparent Successful Bidder before incorporating into the contract and may amend the Plan by mutual consent.

b. PC reserves the right to require a completed Social Equity Plan as a condition for contract execution if no WMBE guarantees are provided in order to demonstrate results of good faith efforts.

c. The Contractor must provide reports and documents as required by PC within 15 days.

d. PC will evaluate Contractor’s WMBE utilization throughout the project.

e. Contractor may not substitute a WMBE firm identified in the guaranteed portion of the plan unless the substitution is approved by PC. Such a substitution will not be considered unless Contractor can demonstrate clear necessity for such substitution. A Contractor granted permission to substitute for a guaranteed WMBE firm shall use good faith efforts to recruit another WMBE firm to perform the Work.

f. If PC determines the Contractor is not making good faith efforts, it may take action as described in the project specification such as withholding invoice payments and breach of contract.

g. The City will evaluate the WMBE utilization at close-out and may assign a Deficiency rating for failure to demonstrate good faith efforts. Deficient ratings are used by the City to determine Bidder responsibility on future work and debarment. To avoid a deficiency rating, the Contractor must demonstrate:

1. A good faith effort to achieve Aspirational goals. Attainment under 80% of the goal will likely be considered deficient;

2. Timely submittal of required and requested materials and reports to PC;

3. Having advance agreements with each WMBE Guarantee, such that the WMBE understands and agrees that the WMBE Guarantee represents mutual agreement at time of the bid submittal;

4. Using all “WMBE Guarantees” named in the Inclusion Plan, unless Prime received written authorization from PC for substitution;

5. WMBE relationships are harmonious, clearly communicated and free of undue dispute; and

6. WMBE work was commercially useful as defined above.

684-0444.

(plus trench safety)

Page 1 of 3 6-5-2008 RCK

Purchasing and Contracting Revised 11/2021

Bond No.

PAYMENT AND PERFORMANCE BOND

THE CITY OF SEATTLE

We, (“Principal”), and [Insert full legal name of Vendor / Contractor] a corporation [Insert legal name of Surety and its state of incorporation] authorized to transact surety business in the State of Washington, (“Surety”), are held and firmly bound unto The City of Seattle (“City”), as Obligee, in an amount equal to the total compensation and expense reimbursement payable to Principal for satisfactory completion of Principal’s work under Contract No. between Principal and City, which total is initially Dollars ($ ), lawful money of the United States of America, for the payment of which sum Principal and Surety bind themselves, their heirs, legal representatives, successors and assigns, jointly and severally, firmly by these presents. Said contract (hereinafter referred to as "the Contract") is for and is made a part hereof by this reference. The Contract includes the original agreement as well as all documents attached thereto or made a part thereof and all addenda, amendments, change orders, and any other document modifying, adding to or deleting from said Contract any portion thereof.

This Bond is executed in accordance with the laws of the State of Washington and is subject to all provisions thereof and the Charter and ordinances of City insofar as they are not in conflict therewith, and is entered into for the use and benefit of City, and all laborers, mechanics, subcontractors, and materialmen, and all persons who supply such person or persons, or subcontractors, with provisions or supplies for the carrying on of the work covered by the Contract.

THE CONDITION OF THIS OBLIGATION is such that if Principal faithfully performs all the provisions of the Contract and pays all laborers, mechanics, and subcontractors and materialmen, and all persons who supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work; and pays all other just debts incurred in the performance of such work (provided, however, that the conditions of this obligation shall not apply to any money loaned or advanced to any such contractor or subcontractor or other person in the performance of such work); and to the extent permitted by law indemnifies, defends, and holds City harmless from all cost and damage by reason of Principal’s default, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

THE PARTIES FURTHER ACKNOWLEDGE AND AGREE AS FOLLOWS:

(1) Surety hereby consents to, and waives notice of, any alteration, change order, or other modification of the Contract and any extension of time made by City, except that any single or cumulative change order amounting to more than twenty-five percent (25%) of the penal sum of this bond shall require Surety's written consent.

(2) Surety recognizes that the Contract includes provisions for additions, deletions, and modifications to the work or Contract Time and the amounts payable to Principal (i.e., Vendor/Contractor). No such change or any combination thereof shall void or impair Surety's obligation hereunder.

(3) Whenever City has declared Principal (i.e., Vendor/Contractor) to be in default and City has given Surety written notice of such declaration, Surety shall promptly (in no event more than thirty [30] days following receipt of such notice) specify, in written notice to City, which of the following actions Surety intends to take to remedy such default, and thereafter shall:

(a) Remedy the default within fifteen (15) days after its notice to City; or

(b) Assume within fifteen (15) days following its notice to City, full responsibility for the completion of the Contract in accordance with all of its provisions, and become entitled to payment of the balance of the Contract sum as provided in the Contract; or

(c) Pay City upon completion of the Contract, in cash, the cost of completion together with all other reasonable costs and expenses incurred by City as a result of Principal’s (i.e.,Vendor/Contractor's) default, including but not limited to those incurred by City to mitigate its losses, which may include but are not limited to attorneys' fees and the cost of efforts to complete the work prior to Surety's exercising any option available to it under this Bond; or

(d) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon a

Bond No.

6-5-2008 RCK Page 2 of 3

SURETY’S QUALIFICATIONS: Every Surety named on this bond must either appear on the United States Treasury Department's most current list (Circular 570 as amended or superseded) or have a current rating of at least A-:VII in A. M. Best’s Key Rating Guide. Additionally, every Surety named on this bond must be authorized by the Washington State Insurance Commissioner to transact business as a surety in the State of Washington.

INSTRUCTIONS FOR SIGNATURES: This bond must be signed by the president or a vice-president of a corporation; the managing general partner of a partnership; managing joint venturer of a joint venture; manager of a limited liability company (“LLC”) or, if no manager has been designated, a member of such entity; a general partner of a limited liability partnership (“LLP”); or the owner(s) of a sole proprietorship. If the bond is signed by any other representative, the Principal must attach written proof of that signer’s authority to bind the Principal, identifying and quoting the provision in the corporate articles of incorporation, bylaws, Board resolution, partnership agreement, certificate of formation, power of attorney, or other document authorizing delegation of signature authority to such signer, and confirmation acceptable to the Seattle City Attorney’s Office that such delegation was in effect on the date the bond was signed.

A NOTARY PUBLIC MUST ACKNOWLEDGE EACH SIGNATURE ON THIS BOND.

determination by City and Surety jointly of the lowest responsible bidder, arrange for one or more agreements between such bidder and City, and make available as work progresses (even though there is a default or a succession of defaults under such agreement(s) for completion arranged for under this paragraph) sufficient funds to pay the cost of completion of the Contract less the balance of the Contract price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the penal sum of this Bond. The term "balance of the Contract price," as used in this paragraph, shall mean the total amount payable by City to Principal (i.e., Vendor/Contractor) under the Contract, less the amount properly paid by City to Principal (i.e., Vendor/Contractor).

In addition to (a) through (d) above, Surety shall pay City all other reasonable costs and expenses incurred by City as a result of Principal’s (i.e. Vendor/Contractor’s) default, and prior to Surety’s exercising any option available to Surety under this bond.

(4) The venue for any action arising out of or in connection with this bond shall be in King County, Washington.

(5) No right or action shall accrue on this Bond to or for the use of any person or corporation other than The City of Seattle and, to the extent required under RCW Chapter 39, all laborers, mechanics, subcontractors, and materialmen, and all persons who supply such person or persons, or subcontractors, with provisions or supplies for the carrying on of the work covered by the Contract.

(6) Nothing of whatever kind or nature whatsoever that will not discharge the Principal shall operate as a discharge or a release of liability of the Surety, any law, rule of equity, or usage relating to the liability of sureties to the contrary notwithstanding.

(7) No rider, amendment, or other document modifies this Bond unless made in writing and accepted by Principal, Surety and the City.

(8) Surety shall give to Principal and to City not less than sixty (60) days’ prior written notice by certified mail, return receipt requested, of the effective date of the expiration or cancellation of this bond. Notice to City shall be mailed to: FAS, P. O.

Box 94669, Seattle, WA 98124-4669 or delivered to FAS at 700 5th Av., Ste. 4350, Seattle, WA 98104-5008.

(9) Principal must provide City with a replacement bond, acceptable to City, not less than thirty (30) days before the effective date of this bond’s expiration or cancellation as specified in the Surety’s notice provided pursuant to Condition (8) above.

(10) If Principal fails to provide the replacement bond not less than thirty (30) days before the effective date of this bond’s expiration or cancellation as specified in the Surety’s notice provided pursuant to Condition (8) above, such failure shall constitute a default under this bond, for which City may make a claim, and Surety shall be obligated to make immediate payment under this bond of all sums.

Bond No.

6-5-2008 RCK Page 3 of 3

STATE OF )

) ss: ACKNOWLEDGMENT FOR PRINCIPAL

COUNTY OF )

I certify that I know or have satisfactory evidence that is the person who appeared before me, said person acknowledged that he/she signed this bond, and on oath stated that he/she was authorized to execute the bond on behalf of the Principal as the Principal’s free and voluntary act for the uses and purposes mentioned therein.

WITNESS my hand and official seal hereto affixed this day of , .

(Signature of Notary Public) (Print or type name of Notary Public)

Notary Public in and for the state of residing at My commission expires . SEAL

STATE OF )

) ss: ACKNOWLEDGMENT FOR SURETY

COUNTY OF )

I certify that I know or have satisfactory evidence that is the person who appeared before me as the Attorney-in-Fact for the Surety that executed the foregoing bond, acknowledged said bond to be the free and voluntary act and deed of the Surety for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute said bond on behalf of the Surety, and that the seal affixed on said bond or the annexed Power of Attorney is the corporate seal of said Surety.

WITNESS my hand and official seal hereto affixed this day of , .

(Signature of Notary Public) (Print or type name of Notary Public)

Notary Public in and for the state of residing at My commission expires . SEAL

FOR THE SURETY: FOR THE PRINCIPAL:

By By: _ (Signature of Attorney-in-Fact) (Signature of authorized signer for Principal)

(Type or print name of Attorney-in-Fact) (Type or print NAME of signer for Principal)

(Type or print telephone number for Attorney-in-Fact) (Type or print TITLE of signer for Principal)

2/1/2020

Purchasing and Contracting

PW#: Date:

Project Name:

Award Amount

(No tax ):

Prime:

Contact Name:

Phone Number: City Staff approval:

Date:

Return the completed plan to PC for approval.

PC Contract Analyst: PC Labor Equity Staff (If Applicable):

Phone: 206- Phone: 206- Email: @seattle.gov Email: @seattle.gov Mailing Address: PO Box 94669, Seattle WA 98124-4669 Physical Address: Seattle Municipal Tower, 700 5th Avenue, Seattle WA 98104, Suite 4350

PC will discuss the social equity requirements and workforce projections prior to approving and completing award. PC may require improvements to your proposed plan before approving.

Social Equity Plan This Plan compiles all the Social Equity components of the project. The Social Equity Plan is updated as the project progresses. The first version of this Plan is due after you receive your Intent to Award. This Plan is a condition of award, and must be delivered prior to award. Additional updates as the project progresses shall be requested as needed by Purchasing and Contracting (PC). You will first incorporate your Inclusion Plan (which was submitted within your bid) and provide any other decisions or subcontract awards that have been made. The following sections apply to this project:

WMBE Inclusion Plan Supplement Apprenticeship Utilization Plan Priority Hire Projections

The City will not award until an approved Social Equity Plan is received. Undue delay may result in rejection of the bid.

PC reserves the right to request updates and to set a deadline for re-submittal. Failure to meet the deadline for the updated submittal may result in withholding of remaining payments until the Social Equity Plan is received and accepted.

Title your email with the name of your project and please include the PW# so it can be easily identified by the Contract Analyst.

FAS 9/19/2022 Page 1/4

2/4

$0.00

PRIME:

Is this a Guaranteed

WMBE?

Is the Subcontract Executed?

Is the sub/supplier registered in

OBD?

II. WMBE UTILIZATION NOT YET DETERMINED OR COMMITTED

Do you anticipate using a

WMBE?

Can only a Sole Source do the work?

Approximate Subcontract $

Amount

#DIV/0!

Award Amount (No tax):

Approximate Subcontract $

Amount Intended WMBE Name

For non-federal projects with a base-bid Engineers Estimate of $300,000 or more.

WMBE Inclusion Plan Supplement

Y/N

I. WMBE SUBCONTRACTOR/SUPPLIERS INTEND TO AWARD : A WMBE Guarantee does not require a signed contract with the WMBE at bid time, however utilization of the WMBE Guarantee firm is mandatory when the contract is awarded. The work performed must be a commercially useful function in the amount equal or greater than the minimum guaranteed in the Inclusion Plan

Note: After contract award, the prime contractor can seek a change to the WMBE Inclusion Plan by informing the PC/Contract Analyst, making a request to the Project manager through a Change Order and demonstrating “ G ood C ause.” Include an updated version of this Plan to show how such a change impacts the goals and guarantees. PC will evaluate the request, and if appropriate, a Change Order will be prepared by the Project Engineer. If PC determines that the change to the WMBE Inclusion Plan is not justified, PC will inform the Prime Contractor. Requests without the WMBE inclusion plan supplement form will not be accepted.

Complete the folowing section if the percentage of Award Amount provided above remains less than the aspirational goal given within your original Inclusion Plan that you submitted at time of bid.

Total amount Intended to be performed by WMBEs to Date + Total Amount Not Yet Committed to a WMBE Sub/Supplier = >Total Contract amount WMBE Goal (must meet or exceed the Aspirational Goal).

Total Amount Not Yet Committed to a Sub/Supplier:

Total Amount Intended to be Performed by WMBEs to Date:

Scopes where the sub/supplier is not yet determined or committed When do you anticipate making a selection?

Total WMBE (intended and not yet commited) #DIV/0!

Scopes of Work that you Intend to Award to WMBEs

PW#:

PROJECT NAME:

Contract WMBE Goal (percent):

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Seattle

Finance &

Administrative Services

PW#:

PROJECT NAME:

Date

Apprentice Utilization Proposal Plan For non-federal projects estimated at $1 million or more.

PRIME:

For projects $1 million or more, the prime contractor shall ensure that_% of the total contract labor hours utilized on the Project are performed by apprentices registered with the Washington

State Apprenticeship and Training Council (WSATC). The prime contractor should explore different avenues to meet the apprenticeship requirement and should include the apprentice utilization requirements in all subcontracts as a flowdown provision to ensure that all subcontractors working on the project contribute to attaining the apprentice utilization requirements. The prime contractor remains responsible for meeting the apprentice utilization requirements of the contract, including overall compliance on all contract labor hours worked by subcontractors. For assistance with available resources for apprenticeship programs, contact the Contract Analyst assigned to the project.

List the prime and all subcontractors scheduled to work on this project, and indicate trade craft or classification and the estimated number of hours to be performed by journey level and apprentice workers for each.

Estimated information

Prime Contractor and all Trade/Craft/Job Journey Apprentice Total Labor Apprentice Number of Hours for Subcontractors Classification Labor Hours Labor Hours Project Percentage Apprentices

TOTALS: I 01 I 01 I 011 0.00% I 0

Apprenticeship Utilization Requirement:

Note: To change the apprentice utilization requirement after contract award, the prime contractor must fill out the Apprentice Utilization Proposal Plan and make a written request to PC to reduce the required apprentice utilization percentage. The request must include documentation of the contractor's good faith efforts to hire apprentices with WSATC-approved programs.

Documents shall demonstrate that an inadequate number of apprentices are available to meet the required apprentice utilization percentage or that there is a disproportionately high ratio of material costs to labor hours, which does not make the required minimum levels of apprentice participation feasible for this contract, and that the contractor has made good faith efforts to comply with the requirement. Requests without the Apprentice Utilization Proposal Plan form will not be accepted. PC will evaluate the request, and if appropriate, a Change Order will be prepared by the Project Engineer. If PC determines that a reduction in the required utilization percentage is not justified, PC will communicate the decision in writing to the prime contractor.

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PW#:

PROJECT NAME: PRIME:

DATE:

Priority Hire Journey Requirement:

Priority Hire Apprentice Requirement:

Prime contractors on CWA-covered projects of $5 million and over are required to update estimated priority hire workforce projections. List all contractors scheduled to work on the project.

Priority Hire workers are those living in economically distressed ZIP codes: http://www.seattle.gov/Documents/Departments/FAS/PurchasingAndContracting/Labor/Zip_Codes.pdf.

Example:

Prime Contractor and all Subcontractors Total Hours PH Journey Hours PH Journey - Est. % PH Apprentice Hours PH Apprentice - Est. % Number of Preferred Entry New Hires*

ABCD Contracting 10,000 2,000 20.0% 750 7.5% 3

Prime Contractor and all Subcontractors Total Hours PH Journey Hours PH Journey - Est. % PH Apprentice Hours PH Apprentice - Est. %

Number of Preferred Entry New Hires*

0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%

Total 0.0 0.0 0.0% 0.0 0.0% 0

Priority Hire Workforce Projections

For CWA-covered projects estimated $5 million and over.

*New hires are union dispatches. Preferred Entry apprentices must work at least 350/700 hours on the project to count toward the requirement. 4/4

Purchasing and Contracting Presley Palmer, Division Director 700 Fifth Ave., 43rd Floor | P.O. Box 94687 | Seattle, WA 98124-4687 | 206-684-0444 | seattle.gov/fas

Purchasing & Contracting

PUBLIC WORKS WMBE INCLUSION PLAN CHANGE REQUEST FORM

Departments use this form to request modification to a project WMBE Inclusion Plan. Modifications are subject to advance approval from the department WMBE Advisor and Purchasing and Contracting (PC).

PROJECT INFORMATION

Project Name

PW#

Date of Request Prime Contractor Name of Requestor and Title

When the Prime seeks a change to the WMBE Inclusion Plan, the City Project Manager completes this form, routes to their WMBE Advisor, who then sends to PC for approval. Absent PC approval, changes to the Inclusion Plan are prohibited. This form is for public works projects with a WMBE Inclusion Plan that needs an adjustment and/or change to a Guaranteed firm. Check all that apply to this request:

1. REMOVAL OR REDUCTION OF E SCOPE OF WORK OF A GUARANTEED WMBE FIRM

WMBE Firm Proposed for Removal or Reduction of Work Original Guaranteed Amount $

Guaranteed Amount (after reduction of scope of work), if any $

Dollar amount of guaranteed work completed, if any $

Reason for Removal or Reduction of Scope (check all that apply and attach evidence) Bankruptcy of Subcontractor.

Failure of Subcontractor to provide the required bond.

Subcontractor cannot perform the work because they are debarred, not properly licensed, or does not meet subcontractor approval criteria, or in some other way is ineligible to work.

Failure of Subcontractor to comply with a requirement of law applicable to subcontracting.

The death or disability of Subcontractor (if Subcontractor is an individual).

Dissolution of Subcontractor (if Subcontractor is a corporation or partnership).

Failure by Subcontractor to perform under previous contracts.

Failure or refusal of Subcontractor to perform the work for reasons other than contract term or pricing disputes Owner approved change order or unique circumstances if approved by PC Director.

PC will review in collaboration with the appropriate department WMBE Advisor, request documentation as necessary to evidence the change, and will respond to the department Project Manager with direction.

The Prime must make good faith efforts to find another WMBE subcontractor to substitute.

1. Request to Remove or Reduce the scope of work of a Guaranteed WMBE Firm

2. Request to Change WMBE Inclusion Plan Aspirational Goal

Revised 10/30/2024

Representative Printed Name Approved /Denied Signature Date Department Construction Department WMBE Advisor

FAS/PC

2. CHANGE OF THE ASPIRATIONAL GOAL

Original WMBE Goal %

Proposed WMBE Goal as a share of the entire contract value. %

The Total Aspirational WMBE Goal represents the percentage of base bid the Bidder intends to perform with WMBE contractors and also applies to the entire contract cost. If a contract change, addendum or additive merits modification to the Goals, the City and Prime will discuss whether a greater or lesser goal is appropriate and seek approval to amend the Plan.

Reason for the Aspirational Goal Reduction Request (check all that apply and attach evidence) The City requires a change order for a body of work that has no WMBE opportunity. The goal would be adjusted based on the statistical impact that would have given the associated dollars compared to the total project spend.

Other:

Representative Printed Name Approved /Denied Signature Date Department Construction Department WMBE Advisor

FAS/PC

Cc:

Resident Engineer or Project Manager Contractor PM, Requestor Sub-Contractor City WMBE Equity Office City Purchasing and Contracting, Contract Analyst

GENERAL CONDITIONS

FOR WASHINGTON STATE FACILITY CONSTRUCTION

July 1, 2010

Section Description Page

PART 1 – GENERAL PROVISIONS

1.01 Definitions…………………………………………………………………………………

1.02 Order of Precedence……………………………………………………………………….. 4

1.03 Execution and Intent……………………………………………………………………….. 5

PART 2 – INSURANCE AND BONDS

2.01 Contractor’s Liability Insurance…………………………………………………………

2.02 Coverage Limits…………………………………………………………………………….. 6

2.03 Insurance Coverage Certificates………………………………………………………….. 6

2.04 Payment and Performance Bonds………………………………………………………… 6

2.05 Alternative Surety…………………………………………………………………………… 7

2.06 Builder’s Risk………………………………………………………………………………… 7

PART 3 – TIME AND SCHEDULE

3.01 Progress and Completion………………………………………………………………….. 7

3.02 Construction Schedule……………………………………………………………………… 7

3.03 Owner’s Right to Suspend the Work for Convenience………………………………….. 8

3.04 Owner’s Right to Stop the Work for Cause……………………………………………

3.05 Delay…………………………………………………………………………………………. 9

3.06 Notice to Owner of Labor Disputes……………………………………………………….. 10

3.07 Damages for Failure to Achieve Timely Completion……………………………………. 10

PART 4 – SPECIFICATIONS, DRAWINGS, AND OTHER DOCUMENTS

4.01 Discrepancies and Contract Document Review…………………………………………. 11

4.02 Project Record………………………………………………………………………………. 11

4.03 Shop Drawings………………………………………………………………………………. 12

4.04 Organization of Specifications……………………………………………………………... 13

4.05 Ownership and Use of Drawings, Specifications & other Documents………………

PART 5 – PERFORMANCE

5.01 Contractor Control and Supervision………………………………………………………. 13

5.02 Permits, Fees and Notices…………………………………………………………………. 14

5.03 Patents and Royalties………………………………………………………………………. 14

5.04 Prevailing Wages……………………………………………………………………………. 15

5.05 Hours of Labor………………………………………………………………………………. 15

5.06 Nondiscrimination…………………………………………………………………………… 16

5.07 Safety Precautions………………………………………………………………………….. 16

5.08 Operations, Material Handling, and Storage Areas……………………………………… 18

5.09 Prior Notice of Excavation………………………………………………………………….. 19

5.10 Unforeseen Physical Conditions…………………………………………………………... 19

5.11 Protection of Existing Structures, Equipment, Vegetation, Utilities, & Improvements. 19

5.12 Layout of Work………………………………………………………………………………. 19

5.13 Material and Equipment…………………………………………………………………….. 20

5.14 Availability and Use of Utility Services……………………………………………………. 20

5.15 Tests and Inspections………………………………………………………………………. 20

5.16 Correction of Nonconforming Work……………………………………………………….. 21

5.17 Clean Up……………………………………………………………………………………… 22

5.18 Access to Work……………………………………………………………………………… 22

5.19 Other Contracts……………………………………………………………………………… 23

5.20 Subcontractors and Suppliers……………………………………………………………… 23

5.21 Warranty of Construction…………………………………………………………………… 24

July 1, 2010

PART 5 – PERFORMANCE (continued)

5.22 Indemnification………………………………………………………………………………. 25

PART 6 – PAYMENTS AND COMPLETION

6.01 Contract Sum………………………………………………………………………………… 25

6.02 Schedule of Values…………………………………………………………………………. 25

6.03 Application for Payment…………………………………………………………………….. 25

6.04 Progress Payments…………………………………………………………………………. 26

6.05 Payments Withheld…………………………………………………………………………. 27

6.06 Retainage and Bond Claim Rights………………………………………………………… 27

6.07 Substantial Completion……………………………………………………………………... 27

6.08 Prior Occupancy…………………………………………………………………………….. 28

6.09 Final Completion, Acceptance, and Payment……………………………………………. 28

PART 7 – CHANGES

7.01 Change in the Work………………………………………………………………………… 28

7.02 Change in the Contract Sum………………………………………………………………. 30

7.03 Change in the Contract Time………………………………………………………………. 36

PART 8 – CLAIMS AND DISPUTE RESOLUTION

8.01 Claims Procedure…………………………………………………………………………… 38

8.02 Arbitration……………………………………………………………………………………. 39

8.03 Claims Audits………………………………………………………………………………… 40

PART 9 – TERMINATION OF THE WORK

9.01 Termination by Owner for Cause………………………………………………………….. 41

9.02 Termination by Owner for Convenience………………………………………………….. 42

PART 10 – MISCELLANEOUS PROVISIONS

10.01 Governing Law………………………………………………………………………………. 43

10.02 Successors and Assigns…………………………………………………………………… 43

10.03 Meaning of Words…………………………………………………………………………… 43

10.04 Rights and Remedies……………………………………………………………………….. 44

10.05 Contractor Registration……………………………………………………………………... 44

10.06 Time Computations…………………………………………………………………………. 44

10.07 Records Retention…………………………………………………………………………... 44

10.08 Third-Party Agreements……………………………………………………………………. 44

10.09 Antitrust Assignments………………………………………………………………………. 44

10.10 Headings and Captions…………………………………………………………………….. 44

July 1, 2010

PART 1 – GENERAL PROVISIONS

1.01 DEFINITIONS

A. “Application for Payment” means a written request submitted by Contractor to A/E for payment of Work completed in accordance with the Contract Documents and approved Schedule of Values, supported by such substantiating data as Owner or A/E may require.

B. “Architect,” “Engineer,” or “A/E” means a person or entity lawfully entitled to practice architecture or engineering, representing Owner within the limits of its delegated authority.

C. “Change Order” means a written instrument signed by Owner and Contractor stating their agreement upon all of the following: (1) a change in the Work; (2) the amount of the adjustment in the Contract Sum, if any, and (3) the extent of the adjustment in the Contract Time, if any.

D. “Claim” means Contractor’s exclusive remedy for resolving disputes with Owner regarding the terms of a Change Order or a request for equitable adjustment, as more fully set forth in Part 8.

E. “Contract Award Amount” is the sum of the Base Bid and any accepted Alternates.

F. “Contract Documents” means the Advertisement for Bids, Instructions for Bidders, completed Bid Form, General Conditions, Modifications to the General Conditions, Supplemental Conditions, Public Works Contract, other Special Forms, Drawings and Specifications, and all addenda and modifications thereof.

G. “Contract Sum” is the total amount payable by Owner to Contractor, for performance of the Work in accordance with the Contract Documents, including all taxes imposed by law and properly chargeable to the Work, except Washington State sales tax.

H. “Contract Time” is the number of calendar days allotted in the Contract Documents for achieving Substantial Completion of the Work.

I. “Contractor” means the person or entity who has agreed with Owner to perform the Work in accordance with the Contract Documents.

J. “Day(s): Unless otherwise specified, day(s) shall mean calendar day(s).”

K. “Drawings” are the graphic and pictorial portions of the Contract Documents showing the design, location, and dimensions of the Work, and may include plans, elevations, sections, details, schedules, and diagrams.

L. “Final Acceptance” means the written acceptance issued to Contractor by Owner after Contractor has completed the requirements of the Contract Documents, as more fully set forth in Section

6.09 B.

M. “Final Completion” means that the Work is fully and finally complete in accordance with the Contract Documents, as more fully set forth in Section 6.09 A.

N. “Force Majeure” means those acts entitling Contractor to request an equitable…