Project_Manual_(PW#2025-048).pdf

CITY OF SEATTLE

Seattle City Light

IMPROVEMENT OF: SOUTH SERVICE CENTER LINE DOCK ASPHALT

PROJECT

SPEC. No.: 3813

FUNDED BY: SCL

PW#: 2025-048

ORDINANCE No.: 127362

ADVERTISE: February 12, 2026

BIDS OPEN: March 11, 2026

SEATTLE, WASHINGTON

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City of Seattle

SOUTH SERVICE CENTER LINE DOCK ASPHALT PAVING PROJECT

Bid Opening: MARCH 11, 2026, 2:00 P.M.

Ordinance No. 127362

PW# 2025-048

PROJECT LOCATION: This Project is located at the Seattle City Light South Service Center, 3613 4th Ave S, Seattle, WA 98134.

PROJECT DESCRIPTION: This Project consists of the following elements of Work: removal and replacement of asphaltic pavement including common excavation, base rock and construction stormwater control.

ESTIMATE: The Engineer's Estimate for this Project is $874,000 (before tax).

PRE-BID SITE INSPECTION: Bidders must attend one mandatory pre-bid site inspection, which will be held on the following dates:

1. Tuesday, February 24, 2026, at 10:00 am at City Light's South Service Center lobby. 3613 4th

Avenue South, Seattle, WA 98134.

2. Wednesday, February 25, 2026, at 10:00 am at City Light's South Service Center lobby. 3613 4th Avenue South, Seattle, WA 98134.

Parking at the South Service Center is very limited. Parking is available under the Spokane St viaduct at own risk.

No Bid will be accepted from any Bidder who does not attend at least one of the mandatory pre-bid site inspections.

INCLUSION PLAN: For purposes of the Inclusion Plan, this is considered a Roadway type of project with a Past Performance of 22% 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 RCW 49.46 and demonstrate compliance prior to Award.

QUESTIONS: Written questions must be submitted via email to mark.fredrickson@seattle.gov no later than 5:00 p.m. on the Thursday before the Bid Opening Date.

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

CERTIFICATION

SOUTH SERVICE CENTER LINE DOCK ASPHALT PROJECT Page 1

Rev 8-8-2017

CERTIFICATION

The technical material and data contained in this document were prepared under the supervision and direction of the undersigned, whose seal, as a Professional Engineer licensed to practice as such, is affixed below.

Specifications in Division 0 and 9 were developed by or under the supervision of:

Mark Fredrickson, P.E.

Seattle Public Utilities 700 5th Avenue, Suite 4900 Seattle, WA 98124 Office: 206-684-7615

11-14-25

TABLE OF CONTENTS

Advertisement for Bids Signature Page Certification Table of Contents

DIVISION 0 BID AND CONTRACT REQUIREMENTS

Bid Requirements

0-01.1 Instructions to Bidders 0-01.2 Bidders Checklist 0-01.3 Bid Forms 0-01.4 Inclusion Plan

Contract Requirements

0-02.1 Agreement Form 0-02.2 Amendments and Special Provisions 0-02.3 Plans and Specifications 0-02.4 Location of Project 0-02.5 Nature of Improvement

DIVISION 1 GENERAL REQUIREMENTS Page No.

1-01 Definitions and Terms

1-02 Bid Procedures and Conditions

1-03 Award of Contract

1-04 Scope of Work

1-05 Control of Work

1-07 Legal Relations and Responsibilities to the Public

1-08 Prosecution and Progress

1-09 Measurement and Payment

1-10 Temporary Traffic Control

DIVISION 2 EARTHWORK

2-02 Removal, Abandon, or Relocate Structures and Obstructions

DIVISION 5 SURFACE TREATMENTS AND PAVEMENTS

5-04 Hot Mix Asphalt (HMA) And Warm Mix Asphalt (WMA) Pavement

Appendix

City Forms [2] Social Equity Form Public Works WMBE Inclusion Plan Change Request Form Seattle King County Waste Characterization Form and Instructions Payment and Performance Bond Bond In Lieu Of Retained Funds Supplemental Bidder Responsibility Criteria Form Subcontractor Approval Application Contractor’s Shop Drawing Review and Approval Request Project Labor List - Contractor Substitution Request Form Request For Approval Of Material Sources Seattle City Light Spill Notifications Procedures Recycling and Disposal Information HMA Mix Design Submittal Form Public Works Prevailing Wage Certification & Subcontractor List Request for Information/Design Clarification/Variation Request Submittal Transmittal and Response Construction Stormwater Pollution Prevention (CSWPP) Inspection Form

Addenda and Modifications

Note: Drawings under separate cover.

BID REQUIREMENTS

INSTRUCTIONS TO BIDDERS SECTION 0-01.1

SOUTH SERVICE CENTER LINE DOCK ASPHALT PROJECT

Rev Apr 2023

I. GENERAL

This Contract will be administered by the Director of Seattle City Light, subject to the approval and acceptance of the Director of Finance and Administrative Services. ANY QUESTIONS REGARDING THIS PROJECT

SHOULD BE DIRECTED TO THE FOLLOWING:

Before Bid Opening: Mark Fredrickson Public Works Contracts Section

Seattle Public Utilities 700 5th Avenue, Suite 4900 P.O. Box 34018 Seattle, Washington 98124-4018 Email: mark.fredrickson@seattle.gov

After Bid Opening and Before Execution:

Purchasing and Contracting FAS_PW_Admin@seattle.gov Phone (206) 684-0444

After Execution: Construction Management Division Seattle City Light

700 5th Avenue, Suite 3200 P.O. Box 34023 Seattle, Washington 98124-4023 Phone (206) 386-3074 Email:SCL_Construction_Management@seattle.gov

Inclusion Plan: All questions on the Inclusion Plan must be directed to Miguel Beltran at Miguel.beltran@seattle.gov or 206-684-4525.

INSTRUCTIONS TO BIDDERS SECTION 0-01.1

Rev Apr 2023

II. BID OPENING

The authorized Bid Forms must be submitted as specified in Section 1-02.9(1). Bids received will be opened and read aloud via Microsoft Teams following the 2:00 p.m. Bid submittal deadline on the following date:

MARCH 11, 2026

No attendees will be allowed to physically attend the public Bid opening. See Section 1-02.12 of the Standard Specifications for live Microsoft Teams broadcast information.

III. TIME OF COMPLETION

Work must begin immediately on the Notice To Proceed Date in the Written Notice from the Engineer, Seattle City Light, and after the date of such notice must be physically completed within the following period per Section 3 of the Agreement:

60 WORKING DAYS

IV. LIQUIDATED DAMAGES

If the successful Contractor fails to complete Work within the time set forth above, they must be charged Liquidated Damages per Section 4 of the Agreement Form.

If the Work is not Substantially Complete within the Contract Time, the Contractor must pay to the Owner, as Liquidated Damages, the sum of $950.00 for each Working Day that the Work has not achieved Substantial Completion exclusive of those days where the Engineer has granted an extension of time.

After Substantial Completion, for each Working Day that the Contractor fails to achieve Physical Completion within the Contract Time, the Contractor must pay to the Owner, as Liquidated Damages, the sum of $475.00 for each Working Day that the Work has not achieved Physical Completion exclusive of those days wherefore the Engineer has granted an extension of time.

See Section 1-08.9 for additional details.

V. SOILS INFORMATION

Refer to Section 1-02.4(2) in the Project Manual for information about any geotechnical report, soil boring data, or soil sample test data accumulated by the Engineer.

VI. ITEMS OF INTEREST TO BIDDERS

Inclusion Plan…………………………………………………….1-02.9(4), 1-02.13, 1-03.1(4), 1-07.11(3)

BIDDER'S CHECKLIST SECTION 0-01.2

Rev Apr 2023

1. Bid submittal:

a. Electronic:

Submit Bids only through OpenGov. Bids are due at 2:00 PM on the Bid Opening Date. PC will accept Electronic Signature for the Declaration and the Bidder/Subcontractor List, if applicable.

Required documents to support the Bid that are due after the Bid submittal deadline must be submitted as a PDF file(s) with a maximum individual file size of 15MB. The Bidder must email the PDF file(s) by the appropriate deadline to the following address:

FAS_PWSecureBid@seattle.gov.

Identify both the email and the attached PDF file(s) with the full Public Works Contract Number (PW#) and name of the Bidder (e.g. “PW# 2020-001 – Joe’s Construction”).

2. With regard to Section 0-01.3(1) BID:

a. Have you enclosed with your Bid the Bid Guaranty for not less than 5% of the maximum Bid amount that could be awarded including retail sales tax?

b. Have you Bid on all items including Additives, Alternates, and Deductives (when indicated)?

c. If submitting a PDF Bid File, failure to provide a hard copy original Bid Guaranty with a USPS postmark no later than 1 Business Day following the Bid Opening Date may result in the Bid being declared non-responsive.

3. With regard to Section 0-01.3(2) DECLARATION:

a. Have you provided all information requested?

b. Has the official authorized to represent the Bidder signed the declaration?

c. Have you acknowledged all addenda?

4. With regard to Section 0-01.4 INCLUSION PLAN:

a. Have you completed the Inclusion Plan? This form must be submitted with your bid if the Owner has estimated the Project will cost over $300,000. The Inclusion Plan is a condition of Award for this Contract.

5. With regard to Section 1-02.2 SUPPLEMENTAL BIDDER RESPONSIBILITY CRITERIA:

a. The Supplemental Bidder Responsibility Criteria Form and any additional documentation must be submitted to PC within 3 Business Days of receipt of request. See Section 1-02.2.

BID FORMS SECTION 0-01.3

The Bid Forms can be found as a separate document at: https://procurement.opengov.com/portal/seattle

INCLUSION PLAN SECTION 0-01.4

The Inclusion Plan can be found at: https://procurement.opengov.com/portal/seattle as part of the Bid Forms.

CONTRACT REQUIREMENTS

AGREEMENT FORM SECTION 0-02.1

SOUTH SERVICE CENTER LINE DOCK ASPHALT PROJECT Page 1 of 3

This agreement by and between the Director of Finance and Administrative Services, acting on behalf of The City of Seattle, a municipal corporation of the State of Washington, hereinafter referred to as the Owner, and , hereinafter referred to as the Contractor, witnesseth that in accordance with the terms and conditions of Contract PW# 2025-048 awarded the day of , 20 the parties agree as follows:

SECTION 1. That the Contractor must do or cause to be done all Work and must furnish or cause to be furnished all tools, Materials, Equipment, Supplies and labor necessary to improve as ordered by Ordinance No. 127362 in all respects, in accordance with and as described in the Contract now on file in the office of the Engineer for the following Awarded Contract Price:

Base Bid ................................................... $

State Sales Tax (@10.55%) . ................... $

Awarded Contract Price ........................... $

The Contractor must provide and bear the expense of all Equipment, Material, Supplies, work, and labor of any sort whatsoever that may be required for the transfer of Materials and for constructing and completing the Work provided for in this Contract and every part thereof, except such as are mentioned in the Contract furnished by the Owner.

SECTION 2. The parties are bound by the Constitution and Laws of the State of Washington and the Charter, Ordinances, Rules and Regulations of the City of Seattle and by all applicable federal laws and government regulations, which provisions are incorporated by reference herein.

For the convenience of the parties of this Contract it is mutually agreed that any claims or causes of action which the Contractor has against the Owner arising from this Contract must be brought within 180 calendar days from the Completion Date of the Contract. It is further agreed by the parties that any such claims, disputes, or causes of action which cannot be resolved pursuant to the procedures set forth in the Contract Documents must be brought only in the Superior Court of King County. The parties understand and agree that the Contractor's failure to bring suit within the time period provided will be a complete bar to any such claims or causes of action.

SECTION 3. The Contractor must begin the Work of the Contract on the Notice to Proceed Date stated in the Notice to Proceed issued to said Contractor by the Engineer, and to carry said Work on regularly and without interruption thereafter (unless the Engineer otherwise, in writing, specifically directs) with such forces as to physically complete said Work in a manner acceptable to the Engineer within

60 WORKING DAYS

after such notice to begin Work; the time of beginning, rate of progress, and time of completion being essential and material provisions of the Contract.

SOUTH SERVICE CENTER LINE DOCK ASPHALT PROJECT Page 2 of 3

SECTION 4. If the Work is not Substantially Complete within the Contract Time, the Contractor must pay to the Owner, as Liquidated Damages, the sum of $950.00 for each Working Day that the Work has not achieved Substantial Completion exclusive of those days where the Engineer has granted an extension of time.

After Substantial Completion, for each Working Day that the Contractor fails to achieve Physical Completion within the Contract Time, the Contractor must pay to the Owner, as Liquidated Damages, the sum of $475.00 for each Working Day that the Work has not achieved Physical Completion exclusive of those days wherefore the Engineer has granted an extension of time.

The Owner and the Contractor agree that establishing the precise amount of actual damage incurred by the Owner due to delay would be difficult to determine. The Contractor hereby agrees the amounts set forth as Liquidated Damages are reasonable amounts and are not a penalty.

SECTION 5. The Owner agrees to employ the Contractor to complete the Work in accordance with the Contract and agrees to pay for the same according to the schedule of Bid Item prices listed in the Bid Form, at the time and in the manner and upon the conditions provided for in the Contract.

The Contractor must inform all Subcontractors who work on the Improvement named in Section 1 of this Agreement of the manner and method of payment and the manner and method of measuring or computing the quantities of subcontracted work.

SECTION 6. In accordance with Chapter 39.12 RCW, the City Charter, and the Project Manual, the Contractor must pay, or cause to be paid to persons employed on or in connection with this Work, not less than the prevailing rate of wage for an hour's work specified for the labor performed.

SECTION 7. The Contractor on behalf of his or her heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants to which the Contractor is obligated under the terms of the Contract.

SECTION 8. It is further provided that no liability is attached to the Owner by reason of entering into this Contract except as expressly provided herein.

SECTION 9. If the Contractor violates any material covenant or provision of this Contract the Owner may: withhold payment due on any work done under the Contract until the Contractor complies with the Contract; order that the Work be stopped, terminate the Contract, debar the Contractor in accordance with SMC 20.70.

SOUTH SERVICE CENTER LINE DOCK ASPHALT PROJECT Page 3 of 3

Rev Apr 2023

Contractor must declare option for management of statutory retained percentage of this Contract by checking applicable box below.

Contractor elects to submit a bond in lieu of retained funds.

Contractor hereby elects to have the retained percentage of this Contract held in a non-interest bearing fund by The City of Seattle until 60 days following the Completion Date.

Contractor hereby elects to have The City of Seattle invest the retained percentage of the Contract from time to time as such retained percentage accrues and in accordance with RCW 60.28.011, .021 and .051. Contractor hereby designates:

Name of Financial Institution

Street Address, City, State, Zip Code

City, State, Zip Code of Financial Institution as the repository for the escrow of said funds. Contractor hereby further agrees to be fully responsible for payment of all costs or fees incurred as a result of placing said retained percentage in escrow and investing it as authorized by statute. The City of Seattle is not liable in any way for any cost or fees in connection therewith.

IN WITNESS WHEREOF, the Owner has caused these presents to be signed by the designee of Director of Finance and Administrative Services; and the Contractor has hereunto affirmed his or her signature.

THE CITY OF SEATTLE

Director of Finance and Administrative Services

By Date Director, Purchasing and Contracting

CONTRACTOR

Business Name

By: Date Signature

Printed Name

Title

0-02.2

AMENDMENTS AND SPECIAL PROVISIONS

0-02.3 PLANS, DRAWINGS AND SPECIFICATIONS

The Work must be performed in accordance with these amendments and Special Provisions together with the provisions, insofar as they are applicable, of the following documents:

1. The Engineering Drawings, Sheets 1 through 7 .

2. The City of Seattle Standard Plans and Standard Specifications, which are comprised of:

a. "2023 edition City of Seattle Standard Specifications for Road, Bridge, and Municipal Construction" (hereinafter referred to as the Seattle Standard Specifications).

b. “2023 edition City of Seattle Standard Plans for Municipal Construction”

(hereinafter referred to as the Seattle Standard Plans).

c. City of Seattle Traffic Control Manual for In-Street Work, 2012 edition, which supplements and is to be utilized in conjunction with the 2009 edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD)," as published by the U.S. Department of Transportation, Washington, D.C.

3. The terms and conditions of such permits, agreements, ordinances, regulations, instructions and requirements as may be included in the appendix or otherwise attached hereto.

0-02.4 LOCATION OF PROJECT

This Project is located at the Seattle City Light South Service Center, 3613 4th Ave S, Seattle, WA 98134.

0-02.5 NATURE OF IMPROVEMENT

This Project consists of the following elements of Work: removal and replacement of asphaltic pavement including common excavation, base rock and construction stormwater control.

DIVISION 1 GENERAL REQUIREMENTS

SECTION 1-01 DEFINITIONS AND TERMS

1-01.1 GENERAL

Supplement this Section with the following:

The use of the term “must” or “shall” in the Contract documents indicates mandatory legal obligations or requirements of the Contract.

1-01.2 ABBREVIATIONS

1-01.2(1) ASSOCIATIONS AND MISCELLANEOUS

Add the following:

COS City of Seattle

DWF Design Web Format

Delete the acronym for FAS and replace with the following:

FAS Department of Finance and Administrative Services

1-01.3 DEFINITIONS

Delete the definition of BID FORM and replace with the following:

BID FORMS

The forms provided by the Owner on OpenGov that must be submitted with a Bid.

Delete the definition of PDF Bid File with no replacement.

ENCAMPMENT

An identifiable area within the City of Seattle occupied by one or more tents, structures, or assemblies of camping equipment or personal property which appears to a reasonable person as being used for camping. Encampments do not include sites a reasonable person would conclude are no longer in use for camping because remaining materials are garbage, debris, or waste.

ENCAMPMENT IMMEDIATE HAZARD

An Encampment in which people camping outdoors are at risk of serious injury or death beyond that caused by increased exposure to the elements, or their presence creates a risk of serious injury or death to others; including Encampments at highway shoulders and off-ramps, areas exposed to moving vehicles, areas that can only be accessed by crossing driving lanes outside of a legal crosswalk, and landslide-prone areas.

ENCAMPMENT OBSTRUCTION

People, tents, personal property, garbage, debris, or other objects related to an Encampment that:

are in a City park or on a public sidewalk; interfere with the pedestrian or transportation purposes of public rights-of-way; or interfere with areas that are necessary for or essential to the intended use of a public property or facility.

SECTION 1-02 BID PROCEDURES AND CONDITIONS

1-02.1 RESPONSIBLE BIDDER

Delete the second paragraph and replace with the following:

The apparent low Bidder, see Section 1-03.1(3), must also demonstrate compliance with the following City requirements:

a. The Bidder must show substantial compliance with social equity Contract requirements on past projects or evidence to responsibly perform, including, but not limited to, compliance with the Inclusion Plan, Social Equity Plan, or Community Workforce Agreement.

b. The Bidder must have a current Seattle Business License and must be current on all Business and Occupancy Taxes pursuant to SMC 5.55.030 A, before Award when the Work is in the City of Seattle, the Bidder conducts business in the City of Seattle, or the Contractor owes Taxes to the City of Seattle.

c. The Bidder must not owe any monetary disincentive assessments or penalties regarding Apprentice Utilization on prior projects before Award.

d. The Bidder must be registered on the City of Seattle’s Procurement Portal, powered by OpenGov, before Award: https://procurement.opengov.com/portal/seattle.

e. Equal Benefits (SMC 20.45): Except as may be provided in the Equal Benefits Program Rules, the apparent low Bidder must submit the Equal Benefits Declaration as part of the SBRC.

f. Labor Standards (SMC 14.16,14.17,14.19,14.20): Except as may be provided in the Office of Labor Standards rules, the Apparent Low Bidder must demonstrate compliance with the City’s fair labor standards.

g. Campaign Contributions (SMC 2.04): The Bidder must not be found in violation of earning more than $250,000 in City contracts in the last fiscal year and contributed to a City elected official’s campaign.

h. The Bidder must comply with any additional requirements as a condition of state or federal funding, loans, or grants for the Work.

1-02.2 SUPPLEMENTAL BIDDER RESPONSIBILITY CRITERIA

Delete the first paragraph of this Section and Items 1 through 3 and replace with the following:

The apparent low Bidder must submit the SBRC and any additional documentation to PC within 3 Business Days of receipt of the request or as otherwise acceptable to PC. The documentation must detail the Bidder’s, or Subcontractor’s, experience with the precise experience requirements as stated in the Contract.

1. Compliance History

The Bidder must answer questions on the SBRC demonstrating their compliance history and capabilities in performing these categories. The Owner may use a Bidder’s past compliance history as part of the determination of responsibility.

2. Personnel

The Bidder certifies, by submitting the SBRC, that it will assign the named personnel to the project.

In the event it becomes necessary for the Bidder to substitute personnel during the life of the Contract, the following provisions apply:

a. Before substituting a new project manager or superintendent, the Contractor must submit for the approval of the Owner, a current resume for the new personnel documenting that the new personnel comply with the supplemental bidder responsibility criteria established for the project.

b. The Owner may suspend the project if the Contractor substitutes a project manager or superintendent without the Owner’s approval. The Contractor is fully liable for the additional costs resulting from the suspension of work and no adjustments in Contract Time resulting from the suspension of work will be allowed.

The Bidder must identify a Project Manager who will provide management and direction to the Bidder’s personnel assigned to the project and will have overall responsibility for executing the work in compliance with the Contract.

The Bidder must identify a Superintendent who will be responsible for overseeing all work activities associated with the Contract and who will not be the same person as the Project Manager.

3. Work Experience

The Bidder must document on the SBRC that the Bidder and the Bidder’s personnel or Subcontractor and Subcontractor’s personnel have completed projects, or scopes within a project, of a similar size and scope as this project. Similar size and scope is defined as follows:

a. Removal and placement of asphaltic pavement including excavation, grading and placement of base coarse aggregates.

To be considered a responsible Bidder, the Bidder must document on the SBRC that the Bidder and the Bidder’s personnel or Subcontractor and Subcontractor’s personnel have completed 3 projects, or scopes within a project, of a similar size and scope as defined above within the last 5 years.

The Owner will verify that the specified work experience criteria is met by the apparent low Bidder.

It is the Bidder’s responsibility to verify that the names and phone numbers provided for references are current to ensure the Owner’ ability to contact references and verify Bidder work experience. If the Owner is unable to contact references to verify Bidder or Subcontractor experience due to circumstances beyond its control, the Owner reserves the right to determine work experience based on the information available to the Owner.

1-02.4 EXAMINATION OF BID DOCUMENTS AND PROJECT SITE

1-02.4(1) GENERAL

Delete the last paragraph of this Section and replace with the following:

The Bidder has a responsibility to ask about any perceived defect or ambiguity in the Bid Documents. Bidders who need an explanation or clarification of the Bid Documents must make this request in writing no later than 5:00 p.m. on the Thursday before the Bid Opening Date. A claim will not be allowed if a Bidder failed to request clarification or if a reasonably prudent contractor would have discovered such defects or ambiguities while preparing their Bid.

Supplement this Section with the following:

Bidders must attend 1 mandatory pre-bid site inspection, which will be held on the following dates:

1. Tuesday, February 24, 2026, at 10:00 am at City Light's South Service Center lobby. 3613 4th Avenue South, Seattle, WA 98134.

2. Wednesday, February 25, 2026, at 10:00 am at City Light's South Service Center lobby. 3613 4th Avenue South, Seattle, WA 98134.

Parking at the South Service Center is very limited. Parking is available under the Spokane St viaduct at own risk.

No Bid will be accepted from any Bidder who does not attend at least 1 of the mandatory pre-bid meetings.

1-02.5 FORM AND STYLE

Delete this Section and replace with the following:

A Bid must only be submitted on the Bid Form provided on OpenGov. A price must be submitted for each Bid Item listed.

The Bidder must not make a stipulation on the Bid Forms or qualify the Bid in any manner. A Bid amount must be included for every Bid Item listed on the Bid Form. A person authorized to legally bind the Bidder must provide an Electronic Signature on the Declaration page.

1-02.6 ADDENDA

Delete the last sentence in this Section and replace with the following:

The Bidder must acknowledge receipt of each Addendum by checking the appropriate boxes on OpenGov.

1-02.7 BID GUARANTY

Delete the fifth paragraph in this Section and replace with the following:

A Bid Guaranty must accompany all Bids. Bidders must upload a scanned copy of the wet signed and notarized Bid Guaranty through OpenGov as a PDF file. The Bidder must mail Bid Guaranty originals with a postmark no later than 1 Business Day following the Bid Opening Date. PC will not accept Electronic Signatures or electronic notarizations on the Bid Guaranty originals. Mail original Bid Guaranty documents to:

FAS - Purchasing and Contracting City of Seattle

P.O. Box 94687

Seattle, WA 98124-4687

Delete the sixth paragraph in this Section and replace with the following:

A Bid may be declared non-responsive if a Bidder submitting an electronic Bid fails to mail a hard copy original of the Bid Guaranty with the required USPS postmark.

1-02.8 NONCOLLUSION REQUIREMENT

Delete this Section and replace with the following:

The Bidder declares by signing the Declaration that they have not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in the preparation and submission of its Bid. The Bidder and other potential Bidders or participants in collusion may be declared not responsible under Section 1-02.14 and may be debarred under SMC Chapter 20.70.

1-02.9 BID SUBMITTAL

1-02.9(1) GENERAL

Delete this Section and replace with the following:

The Bid must be submitted through OpenGov by the time and date specified in the Advertisement for Bids or as modified by Addenda. The Bid, together with the Bid Guaranty and any other required documents due at the Bid submittal deadline, must be submitted through OpenGov. Any required documents that are due after the Bid submittal deadline must be emailed as a PDF file(s) to FAS_PWSecureBid@seattle.gov by the appropriate deadline; OpenGov cannot accept submittals after the Bid submittal deadline.

PC designates the official Bid clock. The Bidder is responsible for the timely submittal of the Bid. A Bid submitted or received after the Bid submittal deadline will not be accepted, unless determined by the Owner that the lateness was outside of the Bidder’s control and that there is no bidding advantage to accepting a late Bid.

Bidders must submit Bids electronically through OpenGov by the Bid submittal deadline. PC will accept Electronic Signature for the Declaration and the Bidder/Subcontractor List, if applicable.

Email additional required documents that are due after the Bid submittal deadline as a PDF file(s) with a maximum individual file size of 15MB. Email additional required documents to the following address by the appropriate deadline:

FAS_PWSecureBid@seattle.gov.

Identify both the email and the attached PDF file(s) with the full Public Works Contract Number (PW#) and name of the Bidder (e.g. “PW# 2020-001 – Joe’s Construction”).

Bids must be entered and submitted by 2:00 PM through OpenGov on the Bid Opening Date.

OpenGov will not allow any Bid submission after the 2:00 PM Bid submittal deadline. For any required documents that are due after the 2:00 PM deadline and are submitted by email as a PDF file(s) to FAS_PWSecureBid@seattle.gov, PC will use the Email Time Stamp as the official time for electronic supplemental Bid submission receipt.

The Email Time Stamp constitutes the official time for electronic submittal receipt for required documents that are due after the Bid submittal deadline and are submitted by email.

If mandatory pre-bid meetings were required as part of the Bid’s solicitation, the Bidder’s company must be represented on the pre-bid meeting sign-in sheet, or the Bid will not be accepted.

If the Bidder/Subcontractor List is required and is not included with the Bid Forms, it must be emailed to the City within 1 hour following the Bid submittal deadline to: FAS_PWSecureBid@seattle.gov.

Identify both the email and attached Bidder/Subcontractor List document with the full Public Works Contract Number (PW#) and Bidder name.

1-02.9(3) BIDDER/SUBCONTRACTOR LIST

Delete this Section in its entirety.

1-02.9(4) INCLUSION PLAN

Delete the second paragraph in this Section and replace with the following:

For purposes of the Inclusion Plan, this is considered a Roadway type of project with a Past Performance of 22% WMBE utilization rates based on completed projects.

1-02.10 MODIFICATION OR WITHDRAWAL OF BID

Delete this Section and replace with the following:

After submitting a Bid, but prior to the Bid submittal deadline, a Bidder may either (1) withdraw or (2) revise its Bid through OpenGov.

1-02.12 PUBLIC OPENING FOR BIDS

Delete this Section and replace with the following:

Bids submitted through OpenGov will be opened and read aloud via Microsoft Teams following the 2:00 PM Bid submittal deadline specified in the Advertisement for Bids or in an Addendum. There is no in-person Bid opening.

Microsoft Teams call-in information is as follows:

1. Phone number to connect:

a. 1-206-686-8357 (Seattle) or (United States)

2. Meeting Number ID: 190 706 876#

1-02.13 IRREGULAR BIDS

Delete this Section and replace with the following:

The Owner has the right to review Bids for material irregularities. If the Owner determines a Bid to be irregular and rejects it, notification will be sent to the Bidder in writing containing the reason for the determination.

1. A Bid will be considered irregular and non-responsive if:

a. The authorized Bid Forms are not used;

b. The completed Bid Forms contains any unauthorized additions, deletions, alternate Bids, or conditions;

c. The Bidder did not Bid on all Alternates, Additives, or Deductives, when required;

d. The Bid Guaranty is not included with the Bid;

e. For projects estimated to cost $1,000,000 or more, the Bidder did not comply with the Bidder/Subcontractor list requirements, see Section 1-02.9(3), Bidder/Subcontractor List;

f. The Bid does not constitute a definite and unqualified offer to comply with the material terms of the Bid invitation;

g. The Inclusion Plan is not submitted with the Bid when required; or

h. The Inclusion Plan does not receive the minimum score as identified in the plan to be considered responsive when submitted with the Bid when required.

2. A Bid may be considered irregular and non-responsive if:

a. The Bid Guaranty is not complete or not sufficient;

b. Any of the Bid Item prices are excessively above or below the amount of a reasonable Bid, to the potential detriment of the Owner; or

c. A lump sum Bid is excessively lower than other Bids;

d. Receipt of Addenda is not acknowledged;

e. The Bidder is a member of a joint venture or partnership and the joint venture or partnership submits a Bid for the same project. In such an instance, both Bids may be rejected; or

f. The Bid is not properly Executed.

SECTION 1-03 AWARD OF CONTRACT

1.03.1 CONSIDERATION OF BIDS

1-03.1(1) BID TABULATION

Revise this Section to read as follows:

If a minimum Bid amount has been established for any item and the Bidder’s unit or lump sum price is less than the minimum specified amount, the Owner will revise the unit or lump sum price, to the minimum specified amount and recalculate the extension and/or the total Bid price.

1-03.1(2) CLAIM OF ERROR AND RELIEF OF AWARD

Delete the last sentence in the first paragraph and replace with the following:

The statement and the worksheets must be submitted to: Purchasing and Contracting, City of Seattle, Department of Finance and Administrative Services, 700 Fifth Avenue, Seattle Municipal Tower, Suite 4350, Seattle, WA 98104-5008, or by email to FAS_PW_Admin@Seattle.gov by 5:00 p.m. the next Business Day or as acceptable to the Owner.

1-03.6 PROTESTS

Delete the third paragraph in this Section and replace with the following:

Submit the protest to: Director, Purchasing and Contracting, Department of Finance and Administrative Services.

Physical Address:

City of Seattle

Seattle Municipal Tower

700 Fifth Ave., Suite 4350

Seattle, WA 98104-5008

By mail, or email:

FAS-Purchasing and Contracting

PO Box 94687

Seattle, WA 98124-4687

Email: FAS_PW_Admin@Seattle.gov

SECTION 1-04 SCOPE OF WORK

1-04.4(3) CLAIMS

Delete item 9.d and replace with the following:

d. The Contractor’s written explanation of the reason for the requested change including the method of analysis used and where appropriate referring to the relevant schedules; supporting documents such as look-ahead, as-built, daily records, time sheets, and the basis for the rates of affected tasks that the baseline CPM schedule was founded on may be required by the Engineer.

SECTION 1-05 CONTROL OF WORK

1-05.3 SUBMITTALS

Delete Section 1-05.3(4) and replace with the following:

1-05.3(4) SUBMITTAL CONTROL DOCUMENT

At the preconstruction conference, the Contractor must be prepared to discuss the nature and timelines of all submittals as they relate to the various portions of the Work, to the Bid Items, and to the proposed progress schedule. An Owner-furnished Submittal Control Document will be provided for the Contractor’s use. The Contractor must fill-out the Submittal Control Document and add any additional submittal information as applicable and submit the completed Owner-furnished Submittal Control Document to the Engineer. The Submittal Control Document must list all submittals and when these submittals will be delivered to the Engineer. The Contractor may reference the baseline critical path method (CPM) schedule and must show major submittals and review times in the CPM. The initial Submittal Control Document must be submitted with the preliminary CPM schedule, see Section 1-08.3(1) for time requirements.

The data in the Submittal Control Document does not relieve the Contractor of the obligation to comply with the Contract Time. Unless all submittals are shown in the CPM schedule, the Contractor must review the Submittal Control Document at least every 30 Calendar Days and update or correct the Submittal Control Document as necessary. It is recommended that the Submittal Control Document updates be submitted concurrently with CPM schedule updates. Submittal Control Document updates are incidental to the Bid Items and not required when all pending submittals are shown on the CPM schedule.

At a minimum, the Submittal Control Document and/or CPM schedule must address Material submittals, Shop Drawings, and the standard submittals listed in Section 1-05.3(1).

1-05.13(2) PERFORMANCE

Delete the fourth paragraph in this Section and replace with the following:

Submit protests to: Director, Purchasing and Contracting, Department of Finance and Administrative Services.

USPS Mailing Address:

P.O. Box 94687

Seattle, WA 98124-4687

Email: FAS_PW_Admin@Seattle.gov

1-05.14 COOPERATION WITH OTHER CONTRACTORS

Supplement this Section with the following:

The Contractor must coordinate with other projects in or around the project limits such that the schedule is maintained. Should another project impact the schedule in any way, the Contractor is required to notify the Engineer as specified in Section 1-07.28. The Contractor is encouraged to access the most up to date information on construction in the City of Seattle by visiting SDOT's interactive Project and Construction Coordination Map online: https://www.seattle.gov/transportation/projects-and-programs/programs/project-and-construction-coordination-office/project-and-construction-coordination-map.

SECTION 1-07 LEGAL RELATIONS AND RESPONSIBILITIES TO THE PUBLIC

1-07.3 MANAGEMENT AND DISPOSAL OF WASTE

1-07.3(1) GENERAL

Delete item #6 and replace with the following:

6. Providing the Engineer copies of all documentation pertaining to waste generation, recycling, and disposal within no more than 30 days of waste generation.

Contractor is prohibited from using disposal sites or waste transporters that require Owner to agree to:

a. Indemnify disposal sites or waste transporters; or

b. Any other terms that could otherwise be interpreted to be a violation of any applicable law.

Accordingly, Engineer or any other representative of Owner will:

1) Reject the use of disposal sites or waste transporters that require Owner to agree to:

a) Indemnify disposal sites or waste transporters; or

b) Any other terms that could otherwise be interpreted to be a violation of any applicable law;

and

2) Require Contractor to identify and use alternative disposal sites or waste transporters.

Contractor will bear any costs associated with the rejection of disposal sites or waste transporters by Engineer or any other representative of Owner.

Contract-related documents may identify Contaminated Material(s) or Dangerous Waste(s) that the Owner has documented on the Project Site. For all Contaminated Material(s) and Dangerous Waste(s) generated or encountered in connection with the Contract or Project Site, the Contractor must comply with Section 1-07.29.

1-07.3(2) SUBMITTALS

Delete this Section and replace with the following:

At or before the preconstruction conference, the Contractor must submit a Waste Management Plan containing a list of proposed disposals and recycle sites that allow the types of wastes and recyclable Materials that can be reasonably expected from examination of the Bid Documents and Project Site including those Materials supplied by the Contractor to perform the Work.

The submittal must:

1. Identify each disposal site and recycle site, and the estimated quantities and type of material to be disposed of or recycled at each site.

2. Identify the proposed transporter to be used for each type of waste or recyclable material and applicable licenses that may be necessary for transporting the identified or characterized waste.

3. Specifically identify any Contaminated Material(s) Not Designated as Dangerous Waste(s) or TSCA Waste(s) that the Contractor proposes to dispose or recycle.

4. Provide a waste management plan for any wastes that are to be stored on the Project Site before recycling or disposal. The waste management plan must provide procedures to ensure that wastes are stored in a safe, secure manner that does not allow for leakage or other releases of waste.

5. Unless otherwise specified in the Contract, provide adequate details indicating where such waste storage is proposed and the proposed controls at each location including required signs, placards, labels, or other identifying marks. Waste storage areas must be inspected at least daily.

See Section 1-07.15 regarding spill prevention and control.

6. Include all documentation that will apply to or must be completed by the Engineer or any other representative of the Owner under the Contract, including, but not limited to, the following:

a. Waste acceptance criteria for the facility, including any physical characteristics and maximum allowable chemical parameters.

b. Waste profile forms.

c. Waste acceptance or approval documents.

d. Bills of lading or other shipping documents required to be presented at the receiving facility; and

e. All other documents required to be completed and submitted by the Engineer or any other representative of the Owner for waste review, approval, acceptance, and receipt at the facility.

At the Owner’s option, all documentation may be reviewed in accordance with Section 1-07.3(1).

For additional or alternate disposal and recycle sites and transporters needed during the Contract Time, the locations and information for each additional site, and qualifications and licenses of transporters, must be submitted to the Engineer for approval at least 10 Working Days before their use.

The Contractor must not dispose or recycle Dangerous Waste(s) or TSCA Waste(s) without prior and specific written approval from the Engineer.

1-07.4(1) ENCAMPMENTS (NEW SECTION)

In accordance with FAS Encampment Rule 17-01, an Encampment Immediate Hazard may be removed promptly. The Engineer will determine the safety and risk level of the Encampment and provide direction to the Contractor. The Engineer may have the Owner’s own forces, or third party specific contract, remove any Encampment.

Encampment Obstruction removal requires notice. The Owner will affix the notice to the obstruction as soon as reasonably possible. The notice will state the date the notice was posted, the obstruction must be immediately removed and is subject to removal without further notice, where any personal property removed will be stored, and how any stored personal property may be claimed by its owner.

Prior to any removal of any Encampment, the City’s Encampment Cleanup Program Manager must be notified. The Contractor must contact the Engineer to request such notification be made by the Engineer.

1-07.6 PERMITS

1-07.6(1) CONTRACTOR OBTAINED PERMITS

Delete the first paragraph of this Section and replace with the following:

Unless otherwise specified in the Contract, the Contractor must obtain all required permits for the performance of the Work, must provide any notices such permits may require, and must not proceed with any portion of the Work until the requisite permit has been obtained and a copy delivered to the Owner.

The costs of permits obtained by the Contractor must be included in the Bid Item prices for the Work unless otherwise specified.

1-07.9(1)D1 WRITTEN OVERTIME AGREEMENT

Delete the fourth paragraph and replace with the following:

For any overtime work performed on a federally funded project per the agreements referenced above, the Contractor, Subcontractor, and all other individuals or firms required to pay prevailing wages must submit a copy of such authorization agreement for each affected employee to PC, either in person or by mail.

Physical address:

Seattle Municipal Tower 700 Fifth Ave., Suite 4350 Seattle, WA 98104-5008

Mailing address:

City of Seattle FAS-Purchasing and Contracting PO Box 94687 Seattle, WA 98124-4687

1-07.9(7) REQUIRED DOCUMENTS

Supplement this Section with the following:

To facilitate the State of Washington review of all Statements of Intent to Pay Prevailing Wages and Affidavits of Prevailing Wages paid, the Contractor and all Subcontractors and Suppliers must use the following information (verbatim) when completing the forms online:

1. Awarding Agency: Seattle, City of

2. Awarding Agency Address: 700 Fifth Avenue, Seattle, WA

3. Awarding Agency Contact: Molly Rathe

4. Awarding Agency Contact Phone Number: 206-639-7925

5. Contract Number: PW#2025-048

6. Project Name: South Service Center Line Dock Asphalt Project

7. Project Site Address or Directions: project is located at the South Service Center 3613 4th Ave S, Seattle, WA 98134.

1-07.11 SOCIAL EQUITY IN CONTRACTING

Delete the first paragraph of this Section and replace with the following:

The City provides assistance to Contractors that desire to Bid on, or have been awarded a City Contract, to comply with equal opportunity, non-discrimination, Affirmative Efforts, and Apprenticeship provisions. Should a Contractor desire assistance or information in recruiting, tutoring, and training or otherwise preparing potential employees and Subcontractors, a Contractor may contact PC at (206) 684- 0444. Direct all questions, reports, or other submittals regarding the requirements of this Section to PC.

Telephone: (206)684-0444.

Physical Address:

City of Seattle Seattle Municipal Tower 700 Fifth Ave., Suite 4350 Seattle, WA 98104-5008

Mailing Address:

City of Seattle FAS-Purchasing and Contracting PO Box 94687 Seattle, WA 98124-4687

1-07.11(4) EMPLOYMENT NON-DISCRIMINATION REQUIREMENTS

1-07.11(4)A ACCEPTABLE WORK SITE (NEW SECTION)

The Contractor must ensure an Acceptable Work Site and must include this Section in all subcontracts.

The intent of the person that appears to violate the Acceptable Work Site is not a measure of whether such behaviors are appropriate; rather the standard is whether a reasonable person should have known that such behavior would cause a worker to be humiliated, intimidated, or otherwise treated in an inappropriate, discriminatory, or differential manner.

Behaviors that violate an Acceptable Work Site include but are not limited to:

1. Persistent conduct that to the reasonable person would be perceived as offensive and unwelcome;

2. Conduct that a reasonable person would perceive to be harassing or bullying in nature;

3. Conduct that a reasonable person would perceive to be hazing;

4. Verbal references that a reasonable person would perceive to be offensive stereotypes or racial/gender slurs;

5. Jokes about race, gender, or sexuality that a reasonable person would perceive to be offensive;

6. Task assignments that stratify, or give a perception of stratification, based on race, gender, or other defining characteristics;

7. Language that a reasonable person would perceive to be offensive based on race, gender, or oriented towards sexuality;

8. Name-calling, cursing or unnecessary yelling, including from a supervisor, foreman, or other more senior person that a reasonable person would perceive as offensive;

9. Repeating rumors about individuals in the Work Site that a reasonable person would perceive as harassing or harmful to the individual’s reputation;

10. Refusal to hire someone based on race, gender, sexuality, or any other protected class; and

11. Reference to or requests for immigration status other than those required by law, religious affiliation, gender affiliation, criminal background, or other related aspects of a worker unless mandated by federal law.

To maintain an Acceptable Work Site, all Work must be assigned in a manner that respects training objectives for apprentices and ensures an equitable distribution of meaningful work, training, and assignments among all workers.

While maintaining and managing an Acceptable Work Site is the Contractor’s responsibility, each subcontractor must also have accountability for performance in sustaining and managing their Work Sites. PC will monitor Work Sites and determine whether a risk or circumstance exists that may merit a remedy. Monitoring may include proactive observations of the Work Site, interviews of individuals familiar with the Work Site, collection of data that may evidence disparities, investigation of complaints by an individual familiar with the Work Site, or other evidence. If risks or circumstances that may merit a remedy are discovered, PC will notify and collaborate with the prime Contractor to discuss appropriate remedies and may likewise notify subcontractors and appropriate unions when necessary for the resolution of the situation, except when unusual circumstances require confidentiality. PC may also require other remedies such as those found in Section 1-08.1(3), if PC regards the situation as urgent, of potential harm, or without timely resolution.

This Section is for the benefit of the Owner and its interest in the project. It does not create any third-party beneficiaries or form the basis of any action against the Owner by a third party.

1-07.11(5)A NOTIFICATION REQUIREMENTS FOR FEDERAL IMMIGRATION ENFORCEMENT

ACTIVITIES (NEW SECTION)

Prior to responding to any requests from an employee or agent of any federal immigration agency including the Immigration and Customs Enforcement, the U.S. Department of Homeland Security, Homeland Security Investigations, Enforcement Removal Operations, Customs and Border Protection, and U.S.