PROJECT MANUAL

Leschi South Moorage Facility Upland Utility Installation

OWNER:

City of Seattle, Department of Finance and Administrative Services, Purchasing and Contracting

ADMINISTERING DEPARTMENT:

Seattle Parks and Recreation

Planning and Capital Development Branch

300 Elliott Avenue West, Suite 100 Seattle, WA 98119

PREPARED BY:

Reid Middleton, Inc.

Contact: Blaine McRae

Phone: 425-290-2721 728 134th Street SW Suite 200

Everett, WA 98204

Ordinance Number(s): 123177, 123442 & 124349 Funding Source: REET I, UCRF, Clean Vessel Act Grant, and Recreation and Conservation Office (RCO) Grant

PW#2025-045

PRK732408

The City of Seattle

Department of Finance and Administrative Services, Purchasing and Contracting

Project Manual for

Leschi South Moorage Facility Upland Utility Installation as Authorized by Ordinance No(s). 123177, 123442, 124349 Funding Source: REET I, UCRF, CVA Grant, RCO Grant

PRK#732408

PW # 2024-045

Prepared by:

Reid Middleton, Inc.

Contact: Blaine McRae Phone: 425-290-2721

728 134th Street SW Suite 200 Everett, WA 98204

Date Eduardo Aban, Park Engineer

APPROVED FOR ADVERTISING

FAS PURCHASING AND CONTRACTING

By:

Director, Purchasing and Contracting

12/03/2025

12/04/2025 https://seattlegov.na1.adobesign.com/verifier?tx=CBJCHBCAABAAhW3BWIrUSTCdhTO0wRm-CwiCf1TOFJ8b https://seattlegov.na1.adobesign.com/verifier?tx=CBJCHBCAABAAhW3BWIrUSTCdhTO0wRm-CwiCf1TOFJ8b

Signature Page

LESCHI SOUTH MOORAGE FACILITY

UPLAND UTILITY INSTALLATION

Civil Engineer Electrical Engineer

/1 5/2

01 56 39 Temporary Tree, Vegetation, and Soil Protection 01 57 13 Temporary Erosion Control 02 05 00 Site Preparation 02 41 13 Upland Selective Site Demolition 03 10 00 Upland Concrete Formwork 03 20 00 Upland Concrete Reinforcement 03 30 00 Upland Cast in Place Concrete 03 35 00 Upland Concrete Finishing 21 10 00 Marina Fire Water Distribution 22 11 16 Marina Potable Water 31 23 35 Excavating, Backfilling, and Compacting for Utilities and Structures 32 11 23 Upland Mineral Aggregates 32 11 23.13 Upland Mineral Aggregates Chart 32 13 13 Upland Concrete Paving 33 30 00 Marina Sanitary Sewer

26 00 00 General Electrical Requirements 26 05 19 Conductors and Cables 26 05 26 Grounding and Bonding 26 05 33 Raceways and Boxes

UPLAND UTILITY INSTALLATION

Table of Contents

Manual Cover Page

Signature Page

Seals Page

Table of Contents

DIVISION 00 - Bidding Requirements, Contract Forms, & Conditions of the Contract

Section 00 11 13 Pre-Bid Information and Advertisement for Bids

Section 00 21 13 Instructions to Bidders

Section 00 41 00 Bid Form

Section 00 43 93 Bid Submittal Checklist

Section 00 52 00 Agreement Form

Section 00 60 00 Sample Forms

Section 00 72 00 General Conditions

Section 00 73 01 Supplemental Conditions due to CVA Grant

Section 00 73 16 Insurance Requirements

Section 00 73 43 Prevailing Wage Rate Requirements

DIVISION 01 - General Requirements

Section 01 11 00 Summary of Work

Section 01 23 00 Base Bid & Optional Bid items

Section 01 25 00 Substitution & Product Option

Section 01 26 00 Modifications Proposals

Section 01 29 73 Schedule of Values & Pay Estimates

Section 01 31 19 Project Meetings

Section 01 32 13 Progress Schedules

Section 01 33 10 Submittals

Section 01 35 00 Cutting & Patching

Section 01 35 29 Health & Safety

Section 01 41 26 Permitting Requirements

Section 01 45 00 Quality Control

Section 01 50 00 Temporary Facilities and Controls

Section 01 55 80 Public Convenience & Safety - Temporary Traffic Control

Section 01 56 26 Temporary Fencing

Section 01 56 39 Temporary Tree, Vegetation and Soil Protection

Section 01 57 13 Construction Stormwater Control

Section 01 57 19 Temporary Environmental Pollution Control

Section 01 71 23 Field Engineering

Section 01 74 19 Construction Waste Material and Disposal (w/Form)

Section 01 74 23 Final Cleaning

Section 01 76 00 Protection of Existing Facilities

Section 01 77 19 Contract Closeout

Section 01 78 23 Operation and Maintenance Manual

Section 01 78 36 Warranties and Bonds

Section 01 78 39 Record Documents

DIVISION 02 - Existing Conditions

Section 02 05 00 Site Preparation

Section 02 41 13 Upland Selective Site Demolition

DIVISION 03 - Concrete

Section 03 10 00 Concrete Formwork

Section 03 20 00 Concrete Reinforcement

Section 03 30 00 Cast-in-Place Concrete

Section 03 35 00 Concrete Finishing

DIVISION 21 – Equipment

Section 21 10 00 Marina Fire Water Distribution

DIVISION 22 - Furnishings

Section 22 11 16 Marina Potable Water

DIVISION 26 – Electrical

Section 26 00 00 General Electrical Requirements

Section 26 05 19 Conductors and Cables

Section 26 05 26 Grounding and Bonding

Section 26 05 33 Raceways and Boxes

DIVISION 31 - Earthwork

Section 31 23 35 Excavating, Backfilling, and Compacting for Utilities and Structures

DIVISION 32 - Exterior Improvements

Section 32 11 23 Upland Mineral Aggregates

Section 32 11 23.13 Upland Mineral Aggregates Chart

Section 32 13 13 Upland Concrete Paving

DIVISION 32 - Exterior Improvements

Section 32 11 23 Upland Mineral Aggregates

APPENDIX A Consent Decree, United States of American and the State of

Washington v. the City of Seattle, Washington

APPENDIX B Cultural Resources Report (includes Inadvertent Discovery Plan)

APPENDIX C Geotechnical Report

APPENDIX D SCL Agreement & Drawing

APPENDIX E Davis Bacon Hourly Rates KC 2025

APPENDIX F L&I Wage Rate Report and Benefit Code Key

APPENDIX G CVA Grant Documents

APPENDIX H 2 CFR 200 Provisions

END OF TABLE OF CONTENTS

DIVISION 00

Bidding Requirements, Contract Forms, & Conditions of The Contract

PRE-BID INFORMATION AND ADVERTISEMENT FOR BID SECTION 00 11 13

Leschi South Moorage Facility Upland Utility Installation Page 1

FAS Rev July 2024

PART 1 – GENERAL

1.01 SECTION INCLUDES

A. This Section provides some preliminary information about this project to the prospective Bidders. At the end of this section, it includes a copy of the advertisement for this project in the official newspaper.

1.02 TYPE OF CONTRACT

A. This is a Lump Sum contract.

1.03 CONTRACT TIME

A. See Section 00 52 00 – Agreement Form for number of working days.

1.04 LIQUIDATED DAMAGES

A. If the successful Contractor fails to complete Work within the time set forth, Contractor shall be charged Liquidated Damages per Section 4 of the 00 52 00 Agreement Form.

B. Additional details are specified in Paragraph 1.08.J of Section 00 72 00 – General

Conditions.

1.05 ADVERTISEMENT FOR BIDS

A. The pre-bid information arranged as it will appear in the Advertisement for Bids in the official newspaper follows:

1.06 CONTACTS

A. Prior to Bid Opening: Stephen Levengood

Email: Stephen.Levengood@seattle.gov

Phone Number: 206-386-4556

B. After Bid Opening: Before Execution Purchasing and Contracting

Email: FAS_PW_Admin@seattle.gov

Phone Number: 206-684-0444

C. After Execution: Stephen Levengood

Email: Stephen.Levengood@seattle.gov

Phone Number: 206-386-4556

1.07 CONSENT DECREE ACKNOWLEDGEMENT

The City of Seattle (“City”), the United States Environmental Protection Agency (“EPA”) and the Washington State Department of Ecology (“Ecology”), have entered into a Consent Decree to settle the Complaint filed against the City by the United States in the United States District Court for the Western District of Washington, captioned United States of American and the State of

FAS Rev July 2024

Washington v. City of Seattle, Civil Action No. 2:13-cv-678, (“Consent Decree”). The Complaint alleged that the City of Seattle (“City”) violated Sections 301 and 402 of the Clean Water Act, 33

U.S.C. §§1311 and 1342 (“CWA”), and the conditions and limitations of its National Pollutant Discharge Elimination System (“NPDES”) permit issued to the City by Ecology as authorized by EPA under Section 402(b) and the CWA.

Article II, Section 7 of the Consent Decree establishes that “any action taken by any entity retained by the City to implement the City’s obligations under this Consent Decree shall be considered an action of the City for purposes of determining compliance with the Consent

Decree.”

Article II, Section 6 of the Consent Decree requires that the City provide a copy of the Consent Decree to all agents of the City, as well as to any engineering, consulting, or contracting firms or any other entity hired by the City to perform work that might reasonably require compliance with any provision of the Consent Decree. Section 6 expressly requires that “the City shall condition any contract upon performance of the work in conformity with the terms of this Consent Decree.”

The Consent Decree requires, among other things, that the City, its agents and its contractors operate in a manner that does not cause sanitary sewer overflows (“SSOs”) or dry weather overflows (“DWOs”). These requirements are incorporated into this contract, and the Contractor is required to comply with these and all terms of the Consent Decree.

Based on the foregoing, the City has determined that this contract shall be and is subject to the provisions of the Consent Decree, and that the Contractor is expressly required to comply with all terms of the Consent Decree as a condition of this contract with the City, and that a copy of the Consent Decree is attached to this contract as an Appendix.

By signing this contract, Contractor acknowledges receipt of the Consent Decree, and affirmatively represents that it has read the same, understands the requirements of the Consent Decree, and agrees that all Work in this contract shall be performed in conformity with the terms of the Consent Decree. Contractor further acknowledges that in the event that actions by the Contractor causes a violation of the Consent Decree that results in increased costs to the City through increased contractor costs, penalties or other claims, the City reserves all rights and legal remedies to recover such costs.

FAS Rev July 2024

CITY OF SEATTLE

Leschi South Moorage Facility Upland Utility Installation (Federal Aid Project)

Bid Opening: Wednesday, January 14, 2026, at 2:00 PM

PW#2025-045

PROJECT LOCATION: 100 Lakeside Ave S Seattle WA 98144

PROJECT DESCRIPTION: Installation of electrical, water and sewer utility infrastructure in preparation for a marine construction project by others. Work includes trenching, surfacing restoration, and replacement or installation of curb ramps. Utility hookup will be performed by others.

Partial funding was provided by the Washington State Parks – Clean Vessel Act Program, and in cooperation with U.S. Fish and Wildlife Services Clean Vessel Act Grant Program

A/E ESTIMATE: $500,000.00

PRE-BID SITE INSPECTION/MEETING: There are two Optional pre-bid site inspections for this project. All those that wish to bid on the project are encouraged to attend one of the following. The first pre-bid site inspection is scheduled for Tuesday, December 16, 2025, at 2:00 p.m. The second pre-bid site inspection is scheduled for Thursday, December 18, 2025, at 9:30 a.m. Please meet at 100 Lakeside Ave S Seattle WA 98144.

INCLUSION PLAN: Not applicable for this project. For questions, 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: Deadline for Contractor questions regarding this SPR project shall be submitted by close of business on Wednesday, December 31, 2025, to the SPR project manager via Stephen.Levengood@seattle.gov.

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://apps.leg.wa.gov/rcw/default.aspx?cite=49.46 mailto:Stephen.Levengood@seattle.gov https://procurement.opengov.com/portal/seattle

INSTRUCTIONS TO BIDDERS SECTION 00 21 13

FAS rev. August 5, 2025

PART 1 – GENERAL

1.01 BID PROCEDURES AND CONDITIONS

A. Responsible Bidder

1. For a Bidder to be considered responsible, the Bidder must meet all criteria in this section and must provide the Supplemental Bidder Responsibility Criteria form (SBRC) along with any documentation necessary for the Owner to establish that the Bidder can meet expectations and perform the Work. The documentation must demonstrate that the Bidder is experienced in performing the Work based on the firm’s completion of past work and the firm’s compliance with legal and contractual requirements. The Owner may take whatever action is necessary to establish the ability of the Bidder to perform the Work to the Owner’s satisfaction.

2. To be considered responsible, the Bidder must meet the following mandatory responsibility criteria:

a. At the time of Bid submittal, have a certificate of registration in compliance with Chapter 18.27 RCW;

b. At the time of Bid submittal, have a current State unified business identifier number;

c. If required by the business type, have industrial insurance coverage for the Bidders’ employees working in Washington as required in Title 51 RCW, an employment security department number as provided in Title 50 RCW, and a State excise tax registration number as provided in Title 82 RCW. If the Contractor has no employees, the Contractor must comply with the alternative election process and provide documentation under Title 50 and Title 51;

d. Not be disqualified from bidding on any public works contract under RCW

39.06.010 or 39.12.065 and not listed on the US Government’s System of Award Management database (http://www.sam.gov/) with an active exclusion; and

e. Prior to Notice of Intent to Award, have received training on the requirements related to public works and prevailing wage by Labor and Industries or approved training provider per RCW 39.04.350, chapter

39.12. Bidders are exempt from training if Bidder has been in business with active unified business identifier number for 3 or more years and have performed work on 3 or more public works project.

f. Meet the supplemental criteria requirements in Paragraph 1.01.B.

(Apparent low Bidder only.)

3. The apparent low Bidder, see subparagraph 1.02.A.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

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5.55.030A, 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.

4. The Bidder may request that the supplemental bidder responsibility criteria be modified. Such request must be submitted to PC via the submittal methods listed on the SBRC before 5:00 p.m., 5 Business Days before the Bid Opening Date.

The request must be marked, Request to Modify Supplemental Bidder Responsibility Criteria – PW#______. If the City determines a modification is necessary, an Addendum to the Bid Documents will be issued to identify the new criteria.

5. It is the sole opinion of the Owner if the Bidder is considered responsible. If the Owner determines a Bidder to be not responsible, the Owner will provide, by email or other writing, the reasons for the determination. The Bidder may protest the determination within the time period specified in Paragraph 1.02.F by presenting additional information to the Owner. The Owner will consider the additional information before issuing its final determination. If the final determination affirms that the Bidder is not responsible, the Owner will not Execute a Contract with any other Bidder until 2 Business Days after the Bidder determined to be not responsible has been sent the final determination.

6. Additionally, the Bidder must verify the mandatory and supplemental responsibility criteria for each Subcontractor. Likewise, a Subcontractor of any tier that hires other Subcontractors must verify responsibility criteria for each.

Verification must include that each Subcontractor, during subcontract execution, meets the responsibility criteria listed in items in Paragraph 1.01.A and Paragraph 1.01.B and possesses an electrical or plumbing Contractor license, if required by Chapter 19.28 RCW, or an elevator Contractor license, if required by Chapter 70.87 RCW. This verification requirement and the responsibility criteria are included in every public works Contract and subcontract of every tier.

https://procurement.opengov.com/portal/seattle

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7. If the Bidder fails to supply documentation or falsely represents the information, the Owner may reject the Bidder as not responsible by taking the following actions:

a. Rejection of the Bidder’s Bid under Paragraph 1.01.N;

b. Revocation of the Award;

c. Termination of the Contract under Section 00 72 00 Paragraph 1.08.K; or

d. Proceeding with debarment under Section 00 72 00 subparagraph 1.08.K.8.

B. Supplemental Bidder Responsibility Criteria Form (SBRC)

1. Submission and Evaluation of the SBRC

a. 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.

2. Compliance History

a. 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.

3. Personnel

a. 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:

1) 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.

2) 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.

4. Work Experience

a. If specific work experience criteria are required in the Project Manual, the Bidder must document on the SBRC that it meets the specified criteria.

b. 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’s 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

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Owner reserves the right to determine work experience based on the information available to the Owner.

c. General Contractor to have managed, through completion, 3 utility infrastructure projects in the right of way, including electrical, sewer and water utilities.

C. Estimated Quantities

1. The quantities shown on the Bid Form are estimates and are stated for Bid comparison purposes only. The Owner does not warrant, expressly or by implication, that the actual quantities of the Work will correspond with those estimated. The Engineer may increase or decrease the amount of any Bid Item of Work or change the Work as necessary. Payment will be made on the basis of the actual quantities of each Bid Item of Work completed as specified in the Contract.

2. Subparagraph 1 above is not applicable for a lump sum contract.

D. Examination of Bid Documents and Project Site

1. General

a. Bid Documents are available for download at:

http://www.seattle.gov/purchasing-and-contracting/construction-contracting

b. The Bidder is responsible for examining the Bid Documents. Submittal of a Bid is evidence that the Bidder has made these examinations and understands all requirements of the Bid process and for the performance of the Work. By submitting a Bid, the Bidder further warrants, agrees, and acknowledges that they:

1) Have taken all steps necessary to ascertain the full scope, nature and location of the Work.

2) Have investigated and are satisfied as to the general and local conditions that can affect the Work and its cost, including but not limited to:

a) Conditions bearing on acquisition, transportation, disposal, handling, and storage of materials;

b) Availability of labor, materials, water, electric power, and roads;

c) Uncertainties of weather, river stages, tides, or similar physical conditions at the Project Site;

d) Conformation and condition of the ground;

e) The equipment and facilities needed preliminary to and during Work; and

f) Site and environmental conditions which by statute, law, or regulation require specific training and certifications for employees;

3) Are satisfied as to the character, quality, and quantity of surface and subsurface information or obstacles that may be encountered http://www.seattle.gov/purchasing-and-contracting/construction-contracting

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FAS rev. August 5, 2025 insofar as this information can reasonably be ascertained from an inspection of the Project Site, including Materials sites, as well as from the Bid Documents and other information made a part of this Contract.

4) Are satisfied that adequate time has been allowed for Physical Completion of the project.

5) Take responsibility for properly estimating the difficulty and cost of performing the Work.

6) Are familiar with and will comply with all federal, state, and local laws, ordinances; and regulations that might affect the Work or those engaged in the Work. The Bidder is not relieved of this obligation because of the Bidder’s misunderstanding or ignorance of such requirements.

7) Are satisfied that their Bid Item prices reflect their cost for completing the Work, including Materials, labor, equipment and costs including insurance and bonding.

c. 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 before 5:00 p.m. on December 31, 2025. 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.

2. Subsurface Information

a. If the Engineer has made a subsurface investigation of the Project Site of the proposed Work, the boring log data, soil sample test data, and geotechnical reports accumulated by the Engineer will be provided for inspection by the Bidders. The boring logs are part of the Contract.

However, the Engineer makes no representation, guaranty, or warranty, expressed or implied, that:

1) The Bidder’s interpretation from the boring logs or geotechnical reports is correct;

2) Moisture conditions and indicated water tables do not vary from those found at the time the borings were made;

3) The ground at the location of the borings has not been physically disturbed or altered after the boring was made; and

4) The conditions, materials, or proportions of the materials is consistent between the specific borings.

b. In addition to the above data, SDCI has geotechnical reports for private property located in an Environmentally Critical Area Geographically Hazardous zone if the private property has been under SDCI permit review. This data is available for the Contractor’s review at:

SDCI

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Soils Reports

700 Fifth Avenue

22nd Floor Seattle, WA 98104

(206) 684-8950

(206) 233-7902 (FAX)

c. The availability of subsurface information from the Engineer does not relieve the Bidder or the Contractor of any responsibility to make examinations and investigations as required by subparagraph 1.01.D.1 and any other responsibility under the Contract, or as may be required by law.

E. Form and Style of Bid

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

2. 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 in the Bid Form.

A person authorized to legally bind the Bidder must provide an Electronic Signature on the Declaration page.

F. Addenda

1. If the Engineer determines modifications or clarifications to the Bid Documents are required before the Bid Opening Date, they will be provided by Addendum.

Oral explanations, interpretations, or instructions are not binding on the Owner.

Only modifications or clarifications issued by a written Addendum are binding.

Notifications of Addenda and other project information will only be sent to official plan holders who downloaded or ordered documents through the City’s official electronic Bid solicitation website, including plan centers that obtained documents through the website. A link to the current electronic Bid solicitation website is found at http://www.Seattle.gov/purchasing-and-contracting/construction-contracting . All Bidders are encouraged to check the electronic Bid solicitation website for Addenda at least 24 hours before Bid Opening.

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

G. Bid Guaranty

1. A Bid Guaranty must be equal to 5 percent of the maximum Bid amount that could be awarded based on the Bidder’s Bid, including Base Bid, sales tax, Alternates, Additives, and Deductives, if applicable. A Bid will not be accepted or considered unless accompanied by a Bid Guaranty with power of attorney.

2. A Bid must be accompanied by a Bid Guaranty in the form of:

a. A certified or cashier’s check payable to The City of Seattle; or

b. A Bid bond on the form issued by the Surety and accompanied by power of attorney.

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3. Bid bonds must be issued by a Surety company that is authorized to do business in the State of Washington and appears on the current list of authorized insurance companies published by the Office of the Washington State Insurance Commissioner.

4. Bid bonds must be original and contain the following:

a. Project name and public works number (PW#);

b. The City of Seattle named as oblige;

c. The amount of the Bid bond stated as 5 percent of the maximum Bid amount that could be awarded (including sales tax);

d. The signature and title of the Bidder’s officer who is legally authorized to bind the Bidder; and

e. The signature of the Surety’s officer empowered to sign the bond and the power of attorney.

5. 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 one (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

6. 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.

H. Noncollusion Requirement

1. 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 Paragraph 1.01.A and may be debarred under SMC Chapter 20.70.

I. Bid Submittal

1. General

a. 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 mailto:FAS_PWSecureBid@seattle.gov

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FAS rev. August 5, 2025 the appropriate deadline; OpenGov cannot accept submittals after the Bid submittal deadline.

b. 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.

c. 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.

1) 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 Construction”).

a) 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 2:00PM Bid submittal deadline.

For any required documents that are due after the 2:00PM deadline will be 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.

d. 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.

e. If mandatory pre-bid meeting 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.

f. If the Bidder/Subcontractor List is required, it must be included with the Bid

Forms as described in RCW 39.30.060.

2. Change of Bid Submittal Date

a. The Owner may change the date and time for Bid submittal. Notification of the change will be by Addendum.

3. Bidder/Subcontractor List

a. In compliance with RCW 39.30.060 for all projects estimated to cost $1,000,000 or more, all Bidders must complete and submit the Bidder/Subcontractor List, Section 00 41 00, Attachment B. The completed Bidder/Subcontractor list must identify the Subcontractors that the Bidder will contract with for HVAC, plumbing, electrical, structural

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FAS rev. August 5, 2025 steel, or rebar installation work; or indicate that the Bidder intends to self-perform the work, if awarded the Contract; or that category of work is not applicable. The Bidder/Subcontractor List must be submitted with the Bid

Forms. The Bidder is responsible for the timely delivery of the Bidder/Subcontractor List.

b. For purpose of evaluating the Bidder/Subcontractor list, and notwithstanding any interpretations therein or in the Contract to the contrary, the Owner has determined that the project includes the following trades: (none, Bidder Subcontractor List not required) Accordingly, Bidder must name a Subcontractor(s) licensed to perform the category of work per the instructions in the Bidder/Subcontractor List. If the Bidder is licensed to perform the category of work, Bidder may self-perform per the instructions in the Bidder/Subcontractor List. Failure to name a Subcontractor(s) or name itself to perform the category of work may render the Bidder’s Bid non-responsive and rejected.

c. The Bidder may list no more than 1 Subcontractor for each category of work, unless Subcontractors vary with Bid Alternates, Additives, or Deductives, in which case the Bidder must indicate on a separate Bidder/Subcontractor List which Subcontractor will be used for which Alternate, Additive, or Deductive. If the HVAC, plumbing, electrical, structural steel, or rebar installation specialty is left blank (meaning either the name of a Subcontractor is blank, or a checkbox is not checked) the City will accept the blank as self-performance. The Bidder is bound to self-performance of that specialty for the duration of the Project.

d. The Bid will be rejected as non-responsive if the Bidder/Subcontractor list is not provided. The Bidder/Subcontractor List must be submitted with the Bid Forms as described in RCW 39.30.060. If awarded the Contract, the Bidder agrees to use the Subcontractors identified on the Bidder/ Subcontractor List unless the City agrees to a substitution.

4. Inclusion Plan

a. For all public works projects having an Engineer’s Estimate of $300,000 or more, unless waived by PC, all Bidders must complete and submit the Inclusion Plan, Section 00 41 00, Attachment A with the Bid. A Bid will be rejected as non-responsive for failure to submit a completed Inclusion Plan. The Bidder’s completed Inclusion Plan will be given points to determine responsiveness, as directed on the Inclusion Plan. “There is No Inclusion on this project”.

b. For the Inclusion Plan, not required for this project.

J. Modification or Withdrawal of Bid

1. After submitting a Bid, but prior to the Bid submittal deadline, a Bidder may either

(1) withdraw or (2) revise its Bid through OpenGov.

K. Alternate, Additive, Deductive

1. The Owner reserves the right to arrange the Bid Form with Alternate, Additive, and/or Deductive items in any order. The Bidder must bid on all Alternates, Additives, and Deductives in the Bid Form.

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L. Public Opening of Bids

1. Bid Reading:

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

b. Microsoft Teams call-in information is as follows:

1. Microsoft Teams Phone number to connect:

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

2. Meeting Number Access Code: 190 706 876#

M. Irregular Bids

1. 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. 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 subparagraph 1.01.I.3 of this Section and Attachment B to Section

00 41 00 – Bid Forms, 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.

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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.

f. The Bid is not properly Executed.

g. Proof of license for named subcontractors (if applicable) is not provided per RCW 39.30.60

N. Disqualifications of Bidders

1. A Bidder will be deemed not responsible, and its Bid rejected if:

a. The Bidder does not meet the mandatory responsibility criteria in RCW 39.04.350(1) as amended and as specified in Paragraph 1.01.A;

b. The Bidder (apparent low Bidder only) does not meet the Supplemental Bidder Responsibility Criteria as specified in Paragraphs 1.01.A and 1.01.B, did not provide the completed and signed SBRC or required documentation to evaluate the Bidder qualifications, or fails to disclose or submits false or misleading information on the SBRC or in the attached documentation;

c. Evidence of collusion exists with any other Bidder or potential Bidder; or

d. The Bidder failed to attend a mandatory pre-bid conference, if applicable.

2. A Bidder may be deemed not responsible and its Bid rejected if:

a. More than 1 Bid is submitted for the same project from a Bidder under the same or different names;

b. An unsatisfactory performance record exists as shown by past or current Work for the Owner, or for others, as judged from the standpoint of the conduct of the Work, environmental or safety compliance records, workmanship, progress, social equity, Community Workforce Agreement, or equal employment opportunity practices; or termination for cause;

c. The Bidder has failed to settle bills for labor or Materials on past or current contracts;

d. The Bidder has failed to complete a public contract;

e. The Bidder has been convicted of a crime arising from a previous public contract;

f. The Bidder is unable, financially, or otherwise, to perform the Work; or

g. For any other reason deemed proper by the Owner.

3. The Owner will notify the Bidder by email or by other writing if the Bidder is determined to be not responsible under this Section.

1.02 AWARD OF CONTRACT

A. Consideration of Bids

1. Bid Tabulation

a. General

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1) 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.

b. Reciprocal Preference For Resident Contractors

1) Per RCW 39.04.380, a Bid which is received from a nonresident Contractor from a state that provides a percentage bidding preference, a comparable percentage disadvantage must be applied to the Bid of that non-resident Contractor. The comparable percentage disadvantage will be per the Contractor’s resident state. A non-resident Contractor will be one who, at the time of Bid, does not have an office located in the State of Washington.

The resident state is the state in which the Contractor was incorporated or where the Contractor’s business entity was formed.

2) Research on bidding preferences is maintained at:

http://www.des.wa.gov/SERVICES/facilities-leasing/public-works-design-construction/state-agencies-and-educational-facilities/instructions-public-agencies

3) For the purpose of determining the apparent low Bidder, the Owner will multiply the non-resident Contractor’s Bid amount by the comparable percentage disadvantage (CPD). The Bid amount is the total of the Base Bid and all selected Alternates, Additives, or Deductives to be awarded. The Owner will add the product of the CPD percentage and the Bid amount to the nonresident Contractor’s Bid amount, which determines the nonresident disadvantaged total Bid pertaining to the nonresident Contractor to be used for comparison of competing bids. The nonresident disadvantage total will be compared to the resident Contractor’s Bid amount. The calculated lowest total is the lowest Bid.

c. Identical Bid Totals

1) If two or more responsive Bids are exactly equal, in order to establish the apparent low Bidder, the winning Bid will be determined by random draw among the equal Bids.

2. Claim Of Error and Relief of Award

a. A Bidder who wishes to claim error or miscalculation of their Bid and would like to withdraw their Bid after the Bids have been opened, must submit a signed statement, accompanied by copies of the worksheets used in the Bid preparation, requesting to withdraw. The statement must describe the error, or circumstance, and certify that the worksheets are copies of originals used in the preparation of the Bid. The statement and the worksheets must be submitted to: Purchasing and Contracting, City of Seattle, Department of Finance and Administrative Services, 700 Fifth Avenue, Suite 4350, Seattle Municipal Tower, Seattle, WA 98104-5008, http://www.des.wa.gov/SERVICES/facilities-leasing/public-works-design-construction/state-agencies-and-educational-facilities/instructions-public-agencies http://www.des.wa.gov/SERVICES/facilities-leasing/public-works-design-construction/state-agencies-and-educational-facilities/instructions-public-agencies http://www.des.wa.gov/SERVICES/facilities-leasing/public-works-design-construction/state-agencies-and-educational-facilities/instructions-public-agencies

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FAS rev. August 5, 2025 or by email to FAS_PW_Admin@Seattle.gov by 5:00 p.m. the next Business Day or as acceptable to the Owner.

b. The Owner will determine the validity of the claim of error. If the Owner concurs, the Bidder will be relieved of responsibility of Award, the Bid will be withdrawn, and the Bid Guaranty will be returned. Thereafter, at the discretion of the Owner, all Bids may be rejected, or Award made to the responsible Bidder with the next lowest responsive Bid. A low Bidder who claims error is prohibited from bidding on the same project if the project is re-bid.

3. Declaration of the Apparent Low Bidder

a. The Owner will evaluate all Bids to determine the apparent low Bidder.

The apparent low Bidder is the Bidder meeting the mandatory bidder responsibility criteria and offering the lowest responsive Bid.

b. The lowest Bid will be determined by the sum of the Base Bid, with Bid Item price extensions corrected where necessary, plus any Alternates, Additives, and/or Deductives that the Owner decides to include in the Contract Price. Alternates, Additives, and/or Deductives may be selected in any order that the Owner determines to be within available funds.

c. The Owner will determine if the Bidder providing the lowest Bid meets the mandatory responsibility criteria specified in Paragraph 1.01.A.

d. Once the Owner has determined the apparent low Bidder, all Bidders will be notified through the City’s on-line bidding website.

4. Pre Award Information and Rights of the Owner

a. The apparent low Bidder must submit the SBRC described in Paragraph 1.01.B for Owner evaluation. The Owner will also evaluate if the supplemental responsibility criteria in Paragraph 1.01.A are met. In addition, the apparent low Bidder under consideration for Award may be required to furnish:

1) A complete statement as to the origin, composition, and manufacture of any and all Materials to be used in the project, together with samples which may in turn be subjected to tests to determine their quality and fitness for the Work, as provided for in the Contract.

2) A critical path schedule in the form required by the Engineer showing the order of the Work and the time required on the various phases of the Work.

3) A breakdown of costs assigned to any Bid Item or a schedule of values for lump sum Bids.

4) Any additional information requested by the Owner to understand the Bid price or ascertain the Bidder’s general ability to perform the Work.

5) A Social Equity Plan.

b. In addition to such other rights as may be reserved elsewhere in the Contract, the Owner reserves the right to:

mailto:FAS_PW_Admin@Seattle.gov

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1) Reject any or all Bids at the Owner’s discretion;

2) Re-advertise for Bids;

3) Waive informalities or immaterial irregularities in the Bidding and Award processes;

4) Accept the lowest responsive Bid of a responsible Bidder;

5) Correct arithmetical errors in a Bid;

6) Cancel the Work; and

7) Award such Alternate, Additive, or Deductive, as may be set forth in the Bid Forms in the order most advantageous to the Owner.

B. Award of Contract

1. After the Owner has determined that the apparent low Bidder has met all of the mandatory and supplemental bidder responsibility criteria, the Owner will provide Notice of Intent to Award to all Bidders through the City’s official Bid solicitation website.

2. The Owner will endeavor to Award the Contract within 60 Days after the Bid Opening Date. If the Contract is not awarded within that 60 Day period, a Bidder may withdraw their Bid in writing at any time on or after the 60 Days. All Bids will otherwise continue to be eligible for consideration until the Award of the Contract.

C. Required Documents to Establish the Execution Date

1. General

a. Within 10 Business Days of issuing the Notice of Intent to Award, unless extended by mutual agreement, the apparent low Bidder must submit to PC: proof of insurance, fully executed original Payment and Performance Bond, Retainage Bond if applicable, and the original signed Agreement Form. The apparent low Bidder must also submit the Social Equity Plan as specified in subparagraph 1.02.C.5.

2. Evidence of Insurance

a. The apparent low Bidder must submit to PC the evidence of insurance as required in Section 00 73 16. E-mail delivery is acceptable to FAS_PW_Admin@Seattle.gov.

3. Payment and Performance Bond

a. The apparent low Bidder must provide to PC an original, executed Payment and Performance Bond for the awarded Contract Price. The Payment and Performance Bond must:

1) Be on a form furnished by the Owner;

2) Be signed by the principal and notarized;

3) Be signed and notarized by an approved Surety or Sureties that:

a) Is registered with the Washington State Insurance Commissioner;

mailto:FAS_PW_Admin@Seattle.gov

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b) Appears on the current Authorized Insurance List in the State of Washington published by the Office of the Insurance Commissioner;

c) Has a current rating of at least A-VII in A.M. Best’s Key Rating Guide or is included in the U.S. Department of the Treasury’s Listing of Approved Sureties (Circular 570); and

4) Be accompanied by an original power of attorney document with the same date as the notarization by the Surety.

b. The Owner may require the Surety or Sureties named on the Payment and Performance Bond to appear and qualify itself. Whenever the Owner determines the security to be inadequate, the Owner may require in writing that the Contractor furnish additional security to cover any remaining Work. No payments will be made until the added security is furnished.

4. Agreement Form

a. The apparent low Bidder must submit to PC the original Agreement Form signed by a person authorized to bind the Bidder’s business based on the business entity and/or Governing Persons listed on the Washington State Secretary of State website.

b. After the Owner has countersigned the Agreement Form, establishing the Execution Date of the Contract, the Owner will forward a copy of the fully executed Agreement Form to the successful Bidder (the Contractor.)

c. No physical work is allowed within the Project Site or within sites furnished by the Owner until the Notice to Proceed has been provided to the Contractor as specified in Section 00 72 00, Paragraph 1.08.E. The Contractor bears all risks for any work begun before the issuance of the Notice to Proceed except for submittal and procurement work as specified in Section 00 72 00, Paragraph 1.08.E

5. Social Equity Plan

a. The apparent low Bidder must submit to PC a completed Social Equity Plan within 3 Business Days of the Owner’s issuance of the Notice of Intent to Award.