Table 1: Solicitation Schedule

ITB Issued October 9, 2026

Pre-Bid Conference (Non-Mandatory) October 19, 2026, 11:30am https://teams.microsoft.com/meet/295289111208

229?p=TU4YIPWzX6BqSPNLkZ

Deadline For Questions October 26, 2026, 5:00pm

Sealed Bids Due to the City / Bid Opening November 9, 2026, 1:00pm https://teams.microsoft.com/meet/223977275710

753?p=pOZBcC6OeMWdoYLowh

The City may modify this schedule. Changes to the due date are posted on the City website and by addendum.

Bids must be received by the due date and at the time specified.

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/seattle/projects/286121

Invitation To Bid # ITB# TR0-6850

Title: Roadway Construction Materials and Debris Disposal https://teams.microsoft.com/meet/295289111208229?p=TU4YIPWzX6BqSPNLkZ https://teams.microsoft.com/meet/295289111208229?p=TU4YIPWzX6BqSPNLkZ https://teams.microsoft.com/meet/223977275710753?p=pOZBcC6OeMWdoYLowh

TABLE OF CONTENTS

1. BACKGROUND AND PURPOSE

2. SOLICITATION OBJECTIVES

3. MINIMUM QUALIFICATIONS

4. SPECIFICATIONS AND SCOPE OF WORK

5. SCHEDULE, ORDERS, DELIVERY

6. ADDITIONAL CONTRACT REQUIREMENTS

7. ENVIRONMENTAL SPECIFICATIONS

8. PREVAILING WAGE REQUIREMENTS

9. LICENSING AND BUSINESS TAX REQUIREMENTS

10. BID INSTRUCTIONS AND INFORMATION

11. ETHICS CODE

12. EVALUATION

13. AWARD AND CONTRACT EXECUTION

14. BID FORM

15. BID SUBMITTAL

Attachments:

A - Terms-and-Conditions

B - Rebate Report Template

C - HMA Materials Mix Design Submittal

D - Insurance_Requirements_and_Transmittal Form

1. BACKGROUND AND PURPOSE

1.1. Purpose and Background

The purpose of this Invitation to Bid is to solicit bids from interested Bidders for:

Scope 1: Roadway Construction Materials, Asphalt Materials and Debris Disposal

(e.g. mineral aggregate, asphalt materials, disposal of construction materials)

Scope 2: Cementitious Materials

(e.g. roadway concrete ready mix, non-roadway ready mix, CDF, and hauling service)

The City recently established a pool of qualified and competitive contractors through Invitation to Bid TR0-

6544 for roadway construction materials, debris disposal, and hauling services. Although the solicitation resulted in ten contracts, the City believes there are gaps that require expanding the pool for a limited number of scopes. The ten active contracts resulting for the with the following vendors:

• 6826 Gary Merlino Construction

• 6827 Lakeside Industries, Inc.

• 6833 Sunset Materials Inc.

• 6830 Newell Brothers Inc.

• 6831 OMA Construction, Inc.

• 6544 Alex Tree Service LLC

• 6825 Cedar Mountain Reclamation

• 6832 Salmon Bay Sand & Gravel, Inc.

• 6828 Maks Dump Truck, LLC

• 6829 Maroni Construction Inc.

This Invitation to Bid (TR0-6850) aims to expand the existing vendor pool. The City is soliciting bids only for the product and service categories listed below. Contracts awarded from the previous Invitiation to Bid TR0-6544 are listed below.

Product or Service Contract Number and Vendor

Mineral Aggregate Picked Up By City 6826 Gary Merlino Construction

6827 Lakeside Industries, Inc.

6833 Sunset Materials Inc.

Asphalt Picked Up By City No Contracts.

Nonstandard Bituminous Picked Up By City 6827 Lakeside Industries, Inc.

Disposal Services - Debris Delivered by City to Vendor 6544 Alex Tree Service LLC

6825 Cedar Mountain Reclamation

6826 Gary Merlino Construction

6827 Lakeside Industries, Inc.

6833 Sunset Materials Inc.

Cementitious Materials Picked Up By City 6826 Gary Merlino Construction

Cementitious Materials Delivered by Vendor 6826 Gary Merlino Construction

6832 Salmon Bay Sand & Gravel, Inc

This solicitation does not contain the following bid tables/scopes of work that were asked for on the previous solicitation:

• Mineral Aggregate Products Delivered By Vendor

• Asphalt - Products Delivered By Vendor

• Nonstandard Bituminous Products Delivered By Vendor

• Disposal Services Picked Up And Disposed Of By Vendor

• General And Roadway Debris Hauling & Related Services

Contracts awarded by ITB TR0-6544 will remain in place. If you hold one of these contracts and submit higher pricing, the City will reject your bid.

Please note that for the contract resulting from this solicitation, the City requires a 3% rebate from the successful vendor(s). The rebate shall be 3% of total money spent by the City with the vendor each year. If the vendor agrees to Interlocal Agreement Sales on the Offer Form, sales conducted within this contract authority to other jurisdictions shall also incur the 3% rebate which shall be calculated and paid to the City of Seattle, unless the City instructs the vendor otherwise through written notice.

In 2025, the City’s total usage for Scope 1: Roadway Construction Materials, Asphalt Materials and Debris

Disposal and Scope 2: Cementitious Materials was approximately $6.2 million. The City does not guarantee usage of the contracts resulting from this solicitation. The Parks Department, Seattle City Light, Seattle Public

Utilities, and Seattle Transportation Department are the primary users of the contracts.

1.2. Pool Contracts

The City intends to award eligible, qualified, and competitive contracts for these products and/or services to expand the existing pool. The City may place orders with any of the resultant contract vendors, selecting the vendor the City wishes to use in any manner that the City department placing the order chooses.

1.3. Bid Timeline

ITB Issued: October 9, 2026

Pre-Bid Conference (Non-Mandatory): October 19, 2026, 11:30am https://teams.microsoft.com/meet/295289 111208229?p=TU4YIPWzX6BqSPNLkZ

Deadline For Questions: October 26, 2026, 5:00pm

Sealed Bids Due to the City / Bid Opening: November 9, 2026, 1:00pm https://teams.microsoft.com/meet/223977

275710753?p=pOZBcC6OeMWdoYLowh

2. SOLICITATION OBJECTIVES

The City expects to achieve the following through this solicitation:

• Larger pool of vendors that supply a part of, or all of, various roadway materials and disposal services.

• Depth and diversity of vendors that (i) meet the City’s needs during normal city operations and emergencies and (ii) provide priority service and sales to the City during emergencies and disasters where supply and waste disposal are at peak loads.

• Identification of Plant Opening Fees for non-standard operating hours.

• Roadway materials that pass material testing and approval requirements and non-standard specialty items or the option for custom mixes.

• Easy-to-access locations for the City’s crews to dispose of waste and debris.

• Achieve a rebate: A 3% rebate offer is required on all bids.

3. MINIMUM QUALIFICATIONS

The following are minimum qualifications the Vendor must meet to submit a bid. Responses must show compliance to these minimum qualifications. The City reserves the right, but is not obligated, to clarify if compliance to the minimum qualifications is not clear in Vendor’s response. Those not responsive shall be rejected by the City without further consideration:

• Vendor employees who deliver cementitious materials must have CDL – Class A or Class B CDL with Air

Brake Endorsement.

4. SPECIFICATIONS AND SCOPE OF WORK

4.1. Rebate

Rebates: A 3% rebate offer is required on all bids, so the rebate will not be tabulated in the calculation and tabulation as a separate factor.

https://teams.microsoft.com/meet/295289111208229?p=TU4YIPWzX6BqSPNLkZ https://teams.microsoft.com/meet/295289111208229?p=TU4YIPWzX6BqSPNLkZ

4.2. Summary

Scope #1: Roadway Construction Materials, Asphalt Materials, and Debris Disposal

Vendors shall provide the following materials and services:

A. Mineral Aggregate (Picked up by City): The vendor shall supply various types of mineral aggregates as per City standard specifications, including but not limited to crushed rock, gravel, sand, and base course material. All aggregate materials must conform to the City of Seattle Standard Specifications for

Road, Bridge, and Municipal Construction.

B. Asphalt Materials (Picked up by City): The vendor shall furnish hot-mix asphalt conforming to City of

Seattle Standard Specifications for Road, Bridge, and Municipal Construction.

C. Debris Disposal (Debris Delivered by City to Vendor): Vendors shall provide debris disposal services, including recycling and environmentally responsible disposal of construction waste. Disposal practices must align with the Seattle Municipal Code (SMC) Section 21.36.

Scope #2: Cementitious Materials (Picked Up by City or Delivered by Vendor)

Vendors shall provide and deliver the following cementitious materials:

A. Roadway Concrete Ready Mix: The vendor shall provide Type 1 and Type 2 ready-mix concrete, which meets the requirements of AASHTO M 157 and conforms to City standards for compressive strength and durability suitable for roadway applications.

B. Non-Roadway Ready Mix: Non-roadway concrete mixtures shall consist of the appropriate cementitious materials suitable for structural or architectural applications, with specifications in accordance with City of Seattle Standard Specifications for Road, Bridge, and Municipal Construction.

C. Controlled Density Fill (CDF): The vendor shall supply CDF that meets the requirements outlined in City of Seattle Standard Specifications for Road, Bridge, and Municipal Construction for mixtures intended to fill voids and support structures.

D. Hauling Service: The vendor shall provide transportation services to deliver all cementitious materials to specified job sites within the City limits. Fleet vehicles must comply with State and Local

Environmental Regulations and adhere to weight limits as specified by WSDOT.

The City of Seattle aims to award contracts that provide competitive pricing, quality products, and reliable services to fulfill its roadway construction and maintenance needs.

4.3. Scope #1 - Roadway Construction Materials, Asphalt Materials and Debris Disposal

City of Seattle Standard Specifications and Specification Sheets: The most current adopted City of Seattle

Standard Specifications for Road, Bridge, and Municipal Construction and Specification Sheets (“Standard

Specifications”) apply to the roadway materials and the disposal services provided under the awarded contract. The most current specifications and plans can be found using the following link:

https://www.seattle.gov/utilities/construction-resources/standards-and-guidelines/standard-specs-and-plans https://www.seattle.gov/utilities/construction-resources/standards-and-guidelines/standard-specs-and-plans https://library.municode.com/wa/seattle/codes/municipal_code/305817?nodeId=TIT21UT_SUBTITLE_IIISOWA https://store.transportation.org/Item/PublicationDetail?ID=5594

Standard Specifications and Plans - Utilities | seattle.gov

Deliverables: Vendors shall provide part of, or all of, the various roadway materials or disposal services listed in the Bid Offer Form.

Disposal Definitions:

"Landfill” means a disposal facility or part of a facility at which solid waste is permanently placed in or on land, and which is not a land spreading disposal facility or a composting facility.

“Clean Fill” means natural soils, stones, rocks, and other wastes which are not Hazardous or Dangerous.

“Hazardous or Dangerous” means wastes generated during the cleanup of a hazardous waste site, corrective actions, or other clean-up activities and which contain harmful substances and designate as dangerous wastes, Chapter 173-303 WAC.

“Contaminated Fill” means soils and debris wastes contaminated with heavy metals, total petroleum hydrocarbons (TPH), polycyclic aromatic hydrocarbons (PAH), or other regulated contaminants, above MTCA

Method A Unrestricted Land-use Clean-up Levels, Chapter 173-340 WAC.

“Sewer Grit” means solids removed from the City’s sanitary or combined sewer system and screened to decant the liquids.

Material Testing and Acceptance after Contract Award: The City reserves the right to test materials before the City determines whether to accept the materials. Except for materials previously tested and accepted by the City, vendors should expect most materials to require testing. Furthermore, the City reserves the right to reject and remove from the contract any material the City deems unsuitable for use in the City’s projects, at any time, during or after bidding.

The City will conduct testing based on the type of materials requested by a City Department. If a request is made for STANDARD materials, the City will base testing and approval on the materials’ conformance with the

Standard Specifications. If the material is not compliant with the Standard Specifications, the City will not allow sales of that material through the contract. STANDARD materials are materials that the City uses routinely and whose requirements are outlined in the Standard Specifications.

If a request is made for NONSTANDARD materials, the City will base testing and approval on the materials’ conformance with any referenced specification and the product description provided by the vendor in the

Manufacturer’s Certificate of Compliance. NONSTANDARD materials are materials that the City uses in specialized applications where a specification may or may not exist for the material.

Manufacturer’s Certificate of Compliance: When required by the City at time of purchase or delivery, Vendor shall provide a Manufacturer’s Certificate of Compliance, as outlined in Standard Specification Section 1-06.3.

Hot Mix Asphalt (HMA) Mix Design Submittal: A copy of the HMA Mix Design Submittal is embedded as an attachment in the solicitation for vendors that supply HMA mix products that have not previously been approved by the City testing lab. Please note that the HMA Mix Design Submittal is NOT submitted at the time of your bid but will be required after a contract is awarded but before an order is placed.

4.4. Scope #2 - Cementitious Materials (Picked up by City or Delivered by Vendor) https://www.seattle.gov/utilities/construction-resources/standards-and-guidelines/standard-specs-and-plans https://app.leg.wa.gov/wac/default.aspx?cite=173-303 https://app.leg.wa.gov/wac/default.aspx?cite=173-340

City of Seattle Standard Specifications and Specification Sheets: The most current adopted City of Seattle

Standard Specifications for Road, Bridge, and Municipal Construction and Specification Sheets (“Standard

Specifications”) apply to the cementitious materials provided under the awarded contract. The most current specifications and plans can be found using the following link:

Standard Specifications and Plans - Utilities | seattle.gov

Deliverables: Vendors shall provide part of, or all of, the various cementitious materials and delivery services listed in the Bid Offer Form.

Material Testing and Acceptance after Contract Award: The City reserves the right to test materials before the City determines whether to accept the materials. Except for materials previously tested and accepted by the City, vendors should expect most materials to require testing. Furthermore, the City reserves the right to reject and remove from the contract any material the City deems unsuitable for use in the City’s projects, at any time, during or after bidding.

The City will conduct testing based on the type of materials requested by a City Department. If a request is made for STANDARD materials, the City will base testing and approval on the materials’ conformance with the

Standard Specifications. If the material is not compliant with the Standard Specifications, the City will not allow sales of that material through the contract. STANDARD materials are materials that the City uses routinely and whose requirements are outlined in the Standard Specifications.

If a request is made for NONSTANDARD materials, the City will base testing and approval on the materials’ conformance with any referenced specification and the product description provided by the vendor in the

Manufacturer’s Certificate of Compliance. NONSTANDARD materials are materials that the City uses in specialized applications where a specification may or may not exist for the material.

Manufacturer’s Certificate of Compliance: When required by the City at time of purchase or delivery, Vendor shall provide a Manufacturer’s Certificate of Compliance, as outlined in Standard Specification Section 1-06.3.

Concrete Mix Approval is per the City of Seattle Standard Specifications, current version in Section 5-05.3

Construction requirements, subsection 5-05.3(1) Concrete Mix Design. Please note that the Concrete Mix

Approval is NOT submitted at the time of your bid but will be required after a contract is awarded but before an order is placed.

Prevailing Wage: If cementitious materials are delivered by the vendor, prevailing wage compliance is required.

Service Area: Primary service area is considered the Seattle City Limits. City may add additional remote locations as needed.

5. SCHEDULE, ORDERS, DELIVERY

5.1. Order Desk

The successful vendor shall provide a telephone service or “order desk” to receive calls from City departments for advice or assistance, recommendations on products, parts, and repairs, and for receiving and processing of phone orders. The Order Desk shall be available from 7:00 a.m. to 5:00 p.m. all business days except City holidays. If your standard operating hours are otherwise, notify City Purchasing. Depending on the Department https://www.seattle.gov/utilities/construction-resources/standards-and-guidelines/standard-specs-and-plans needs, hours similar to, but not exactly the same as the 7:00 a.m. to 5:00 p.m. schedule may be accepted by the

City as compliance to this requirement.

5.2. Adequate Inventory and Response Times

The vendor shall provide five (5) business days’ response time and delivery for most new orders placed by the

City. Vendor will maintain adequate inventory to stock and provide same-day response on the most frequently ordered items, allowing City employees to purchase products or parts at the Vendor location within the same-day of placing the order.

5.3. Pick-up Option

City employees may pick up orders at the Vendor location. Vendor shall require a City ID and the employee’s

Washington Driver’s license, City shop assignment and City equipment number when placing and picking up an order.

5.4. Delivery Option

The Vendor shall provide a delivery service for routine orders. The Vendor will pick up or deliver products to the

City location specified. There will be no charge for delivery, unless specified in the Bid.

5.5. No Minimum Order Quantities

There will be no minimum order quantities for any resultant contract.

5.6. Warranty

The Vendor warrants all materials and workmanship delivered under any resulting contract to be free from defects, damage or failure which the City may reasonably determine is the responsibility of the Vendor, for a minimum of ninety (90) days after final acceptance and without cost to the City for labor, materials, parts, installation or any other costs except where longer periods of warranty or guarantees are specified.

5.7. Right to Replace Products & Product Discontinuance

If the manufacturer discontinues or replaces a product, Vendor may request the City accept a substitute product for the contract. Pricing for a product replacement or substitute must be the same discount rate as provided to the City on the original product.

5.8. Prohibition on Advance Payments

The City cannot accept requests for up-front payment, down payment or partial payment. Maintenance subscriptions may be paid up to one year in advance provided that the payment is reimbursed to the City on a prorated basis upon termination; all other expenses are payable net 30 days after receipt and acceptance of satisfactory compliance.

5.9. Collective Bargaining

The City has collective bargaining agreements which govern City utilization of Vendors to perform services and require departments to notify the union before contracting for services.

6. ADDITIONAL CONTRACT REQUIREMENTS

6.1. Rebate

The City requires a 3% rebate from the successful vendor(s). The rebate shall be 3% of total money spent by the

City with the vendor each year. If the vendor agrees to Interlocal Agreement Sales on the Offer Form, sales conducted within this contract authority to other jurisdictions shall also incur the 3% rebate which shall be calculated and paid to the City of Seattle, unless the City instructs the vendor otherwise through written notice.

The total rebate due to the City shall be paid in check to the City of Seattle, Department of Finance and

Administrative Services (FAS), Attn: Accounting – Purchasing Rebates, PO Box 94689, Seattle WA 98124-4689.

Send a “copy” of the rebate check with any supporting documents to PO Box 94687, Seattle WA 98124-4687.

For the first year, rebates will be made for total payments made to the Vendor under this Contract, starting from Contract award to June 30. For every year thereafter, the rebates will be made for total payments made to the Vendor for the period starting from July 1 of each year to June 30 of the following year.

Vendor shall track payments made by other Agencies utilizing this Contract via Interlocal Agreement on the

Rebate Report, included in the Attachments section. The City will provide the Vendor with a report showing the City’s payments to the Vendor for the appropriate time period. Rebates will be due 30 days from Vendor’s receipt of the City’s report.

All monies spent between the City and the vendor are part of the rebate calculation, unless the vendor can differentiate a spend category or separate contract not associated with the contract. If the Vendor’s records conflict with the City’s reports, Vendor shall contact the buyer and provide supporting documentation which comprise of a report showing the 1) City Ordering Department/ Other Public Agency using this contract, 2)

Invoice Number, 3) Date of Invoice, 4) Dollar Amount “excluding” tax, 5) Any other relevant information. This report should also show all credits and returns made by the City Departments.

If the rebate is late, the City reserves the right to “hold” all future invoice payments until the rebate has been issued, or to withhold the rebate amount from the next invoice payment due to the vendor.

6.2. Test Samples

Once the contract is executed, the City may require the vendor to submit a test or sample of the product. If the product is custom-designed, the cost of the custom production may be charged to the City at a mutually agreed upon cost. If the product demonstrated does not meet performance and/or capability requirements in the opinion of the City, the City will notify the Vendor. The Vendor may be asked to modify the product to the

City’s satisfaction and submit a new product sample at no additional cost to the City unless mutually agreed upon otherwise in advance of such costs being incurred, or the City may terminate the contract.

6.3. Contract Term

This contract shall be for one-year with six (6) one-year extensions allowed at the option of the City. This contract is subject to prevailing wage and will require Vendor compliance to prevailing wage requirements (see

Terms and Conditions in Supporting Attachments). The Vendor may provide a notice to not extend but must provide such notice at least 45 days prior to the annual renewal date.

6.4. No Guaranteed Contract Utilization

The City does not guarantee utilization through any resultant contract. The solicitation may provide estimates of utilization solely to help Vendors prepare their bids and does not serve as a guarantee of usage. The City reserves the right to make multiple or partial awards, and/or to order greater or less quantities based on City needs. The City reserves the right to use other appropriate contract sources to obtain these products or services, such as State of Washington Contracts. The City may also periodically re-solicit for new additions to the Vendor pool, to invite additional Vendors to submit bids for award. Use of such supplemental contracts does not limit the right of the City to terminate existing contracts for convenience or cause.

If the City awards multiple contracts to form a vendor pool, this ITB established competition compliant to City competitive proposal laws; the City Project Manager may place an order with any pool vendor or may solicit multiple quotes to select among the pool vendors. If departments request quotes, the Vendors must use the costs and hourly rates in the contract.

6.5. Trial Period And Right To Award To Next Low Bidder

A ninety (90) day trial period applies to contracts awarded by this solicitation. During the trial period, vendors must successfully perform. Failure to perform may cause immediate cancellation of the contract. If a dispute occurs or a discrepancy arises as to acceptability of product or service, the City’s decision prevails. The City will pay only for authorized orders received up to termination. If the contract is terminated within the trial period, the City may award the contract to the next low responsive Bidder by mutual agreement with that Bidder. Any new award will be for remaining contract work and is also subject to a trial period.

6.6. Background Check And Immigrant Status

The City may require background checks for the Vendor, as well as some or all of their employees and contracted workers who may perform work under this Agreement. The City reserves the right to require such background checks at any time. The City has strict policies regarding the use of background checks, criminal checks, and immigrant status for contract workers. The policies are incorporated into this Agreement and available for viewing on-line at http://www.seattle.gov/purchasing-and-contracting/social-equity/background-checks.

6.7. Independent Contractor

The City provides contract and project management, managing deliverables, schedules, tasks, and contract performance. This is distinguished from an employer-employee. This contract prohibits vendors from supervising and/or being supervised by a City employee. Supervision includes a City Employee Performance

Evaluations, preparing and/or approving City timesheets, administering discipline, and similar actions.

Contract workers shall not be given City office space unless provided for below, and for no more than 36 months without authorization from the City.

The City will not provide space in City offices for performance of this work. Vendors must perform work from their own office space or in the field, as appropriate to the work.

6.8. Work Order Quotations

For pool contract awards, City departments may request quotes from one or more contract vendors in the pool.

Vendors must issue quotes using unit prices in the contract. The City Project Manager shall describe to the companies the following information: Description of work, Date work must start and/or be completed by, Special materials, parts, or equipment needed to complete the work, Location of the work, Time and date the quotation is due, Name, phone and fax numbers, of the City Project Manager, Other special information http://www.seattle.gov/purchasing-and-contracting/social-equity/background-checks http://www.seattle.gov/purchasing-and-contracting/social-equity/background-checks required to successfully perform the work. Firms shall respond before quotes are due. Firms who cannot quote are asked to reply back with “no bid.” If multiple quotations were solicited, the City Department will award to the lowest responsive quote and notify others not selected. A purchase order number shall be provided to the selected Vendor. After inspection that approves the completed work, the Vendor will invoice using the departmental purchase order number.

6.9. Paid Sick Time and Safe Time Ordinance

Be aware that the City has a Paid Sick Time and Safe Time ordinance that requires companies to provide employees who work more than 240 hours within a year inside Seattle, with accrued paid sick and paid safe time for use when an employee or a family member needs time off from work due to illness or a critical safety issue. The ordinance applies to employers, regardless of where they are located, with more than four full-time equivalent employees. This is in addition and additive to benefits a worker receives under prevailing wages per

WAC 296-127-014(4). City contract specialists may audit payroll records or interview workers as needed to ensure compliance to the ordinance. Please see www.seattle.gov/laborstandards, or may call the Office of

Labor Standards at 206.684.4500 with questions.

7. ENVIRONMENTAL SPECIFICATIONS

7.1. Green Seal Products

Vendor shall use Green Seal, Eco Logo or other certified cleaning products as approved by the City, for cleaning and janitorial work. All Cleaning products, floor care products and other appropriate products must carry a

Green Seal certification. The Bidder shall identify products the Bidder intends to use at City facilities and list them on the Offer, with a note to confirm Green Seal certification. The City has contracts with vendors who can supply Green Seal products at City contract pricing. For the list of vendors, contact the City Buyer.

7.2. Environmental Standards

Unless notified otherwise by the Vendor, products bid will be compliant to USEPA Standards published by the

USEPA, unless specified otherwise.

See USEPA Standards at: https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

7.3. PBT Free Specification - Persistent Bioaccumulative Toxic (PBT) Chemicals – Mercury, Dioxin, PCB, PBDE, Lead, PVC and other

The City of Seattle adopted Resolution #30487 in 2002 which requires City Purchasing differentiate products that contain PBT chemicals and that release PBT chemicals during production or disposal, from those products that do not, and requires City Purchasing reduce acquisition of products that contain or release PBT chemicals.

This includes mercury, dioxin, PCB, PBDE (polybrominated diphenyl ethers, i.e. flame retardants), and others identified by the State of Washington, Department of Ecology see https://ecology.wa.gov/Waste-

Toxics/Reducing-toxic-chemicals/Addressing-priority-toxic-chemicals.

If a Bidder has a product that contains or releases any PBT materials, Bidder must immediately notify the City

Buyer. Should the City determine there is no reasonable or economically feasible substitute, the City may amend allow for, or provide a maximum of 10% preference for, products that include or release the least PBT chemical practical. The City may reject Bids with PBT materials. Additional information is at:

http://www.seattle.gov/laborstandards https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program https://ecology.wa.gov/Waste-Toxics/Reducing-toxic-chemicals/Addressing-priority-toxic-chemicals https://ecology.wa.gov/Waste-Toxics/Reducing-toxic-chemicals/Addressing-priority-toxic-chemicals http://www.ecy.wa.gov/toxhaz.html. The City Council Resolution is here:

http://clerk.seattle.gov/search/resolutions/30487

7.4. General and Environmental Indemnification

The Contractor shall take all necessary precautions for prevention of accidents, injuries and property damage.

The Contractor shall indemnify, release, defend and hold the City and its officers, employees, and agents harmless from and against any and all (1) losses, claims, demands, actions, causes of action, damages, liabilities, judgments and expenses (including reasonable attorneys’ fees and expenses and consulting fees and expenses) and (2) all other losses, claims, demands, actions, causes of action, damages, liabilities, judgments and expenses (including reasonable attorneys’ fees and expenses and consulting fees and expenses) relating to any hazardous, dangerous or toxic material, waste, or substance, or other pollutant or contaminant, or to compliance with any Environmental or Safety Law; arising out of or resulting from:

1. the Contractor’s performance or lack of performance under this Contract,

2. the violation of law or breach of this Contract by the Contractor or any of its employees, agents, or contractors, or

3. the release of any hazardous, dangerous or toxic material, waste, or substance, or other pollutant or contaminant resulting from Contractor’s performance or lack of performance under this Contract or from the violation of law by, breach of this Contract by, or act or omission of the Contractor or any of its employees, agents or subcontractors under this Contract.

When the Contractor learns of a claim, or of circumstances reasonably likely to give rise to a claim, against the

Contractor or the City, the Contractor shall immediately notify the City. In the event that any suit or claim based upon any such loss, claim, action, damage, expense, or liability is brought against the City, the

Contractor, upon notice of the commencement thereof, shall defend the same at its sole cost and expense, except that the City may, at its option and the City’s cost, participate in the defense with counsel of its choosing. If any final court judgment, alternative dispute resolution award or settlement be adverse to the

City based on the City’s sole negligence, the Contractor shall not be obligated to pay the judgment, award or settlement. In such case where the Contractor is not obligated to pay, if the City required the Contractor to undertake the City’s defense, the City shall reimburse to the Contractor the amount of any reasonable attorney fees, litigation expenses and costs incurred by the Contractor in defending the City.

If both (1) a court of competent jurisdiction issues a final determination that RCW 4.24.115 governs the liability and no appeal of such determination is pending and (2) the liability was caused by or resulted from the concurrent negligence of (a) the Contractor or its officer, agent or employee and (b) the City or its officer, agent or employee, then these indemnity provisions shall be valid and enforceable only to the extent of the

Contractor’s negligence.

The Contractor shall pay every judgment, alternative dispute resolution award, settlement, and other liability for which the Contractor is responsible when payment is due. If the Contractor fails to do so, and the City pays the liability, the Contractor shall pay the City interest at the statutory rate for judgments, accruing from the date the City pays the liability.

http://www.ecy.wa.gov/toxhaz.html http://clerk.seattle.gov/search/resolutions/30487

The provisions of this section shall survive any termination or expiration of this Contract. In the event that this section conflicts with any other provision of the Contract, this section shall control. The Contractor expressly waives, with respect to the City only, its immunity under RCW Title 51, Industrial Insurance.

8. PREVAILING WAGE REQUIREMENTS

8.1. Prevailing Wage Compliance

If this contract is subject to prevailing wages, as required by RCW 39.12 (Prevailing Wages on Public Works) and

RCW 49.28 (Hours of Labor) as amended or supplemented, Contractor shall be responsible for compliance by the Contractor and all subcontractors with all provisions herein. See included Terms and Conditions for more information on these requirements.

If required, prior to issuing award the City will verify that the apparent low bidder meets the training requirements related to public works and prevailing wage by Labor & Industries per RCW 39.04.350 and chapter

39.12 RCW. Bidders are exempt from training if Bidder has been in business with active Unified Business

Identifier (UBI) number for three (3) or more years AND have performed work on three (3) or more public works projects. Bidder exemption status may be verified by entering the Bidder's UBI number, selecting the Bidder's

Company, and clicking on the "Public Works Requirements" drop-down menu from the following web site:

https://secure.lni.wa.gov/verify/.

Contractor is responsible for compliance by the Contractor and all subcontractors. Any Offer must be sufficient to pay prevailing wages, and vendor costs associated with filing of Intents and Affidavits, including filing of one or multiple Intents and Affidavits as required by the Department of Labor & Industries. See included Terms and

Conditions for more information on these requirements.

8.2. Federal Davis-Bacon Act

If this work has federal funding, this contract is subject to prevailing wage requirements for the State (RCW

Chapter 39.12) and federal (Davis-Bacon and related acts), for any applicable wage category. The Contractor and every Subcontractor shall then pay the greater between State Prevailing Wages or federal Davis Bacon wages, on a classification-by-classification basis. Contractors are required to pay wages not less than once a week. See included Terms and Conditions for more information on these requirements.

9. LICENSING AND BUSINESS TAX REQUIREMENTS

The Vendor must meet all licensing requirements that apply to their business immediately after contract award or the City may reject the Vendor before contract execution. Carefully consider related costs before submitting an offer, as the City does not separately pay or reimburse licensing costs.

9.1. Seattle Business Licensing and Associated Taxes

If you have a “physical nexus” in the city, you must obtain a Seattle Business license and pay all taxes due before the Contract can be signed. A “physical nexus” means you have physical presence, such as: a building/facility in

Seattle, you make sales trips into Seattle, your own company drives into Seattle for product deliveries, and/or you conduct service work in Seattle (repair, installation, service, maintenance work, on-site consulting, etc.).

https://secure.lni.wa.gov/verify/

We provide a Vendor Questionnaire Form that will ask you to specify if you have “physical nexus”. All costs for any licenses, permits and Seattle Business License taxes owed shall be borne by the Vendor and not charged separately to the City.

The apparent successful Vendor must immediately obtain the license and ensure all City taxes are current, unless exempted by City Code due to reasons such as no physical nexus. Failure to do so will cause rejection of the bid/proposal. Self-Filing: You can pay your license and taxes on-line using a credit card:

https://www.filelocal-wa.gov/Default_FileLocal.aspx.

For questions and assistance, call the License and Tax Administration office which issues business licenses and enforces licensing requirements. The general e-mail is tax@seattle.gov. The main phone is 206-684-8484. The licensing website is http://www.seattle.gov/licenses.

The City of Seattle website allows you to apply and pay on-line with a credit card if you choose.

If a business has extraordinary balances due on their account that would cause undue hardship to the business, the business can contact our office to request additional assistance. A weblink providing further explanation, with the application and instructions for a Seattle Business License is provided below.

Those holding a City of Seattle Business license may be required to report and pay revenue taxes to the City.

Such costs should be carefully considered by the Vendor prior to submitting your offer. When allowed by City ordinance, the City will have the right to retain amounts due at the conclusion of a contract by withholding from final invoice payments.

The application for a Seattle Business License can be found at https://www.seattle.gov/license-and-tax-administration/business-license-tax-certificates.

9.2. State Business Licensing and associated taxes

Before the contract is signed, provide the State of Washington business license (a State “Unified Business

Identifier” known as a UBI Number). If the State of Washington has exempted your business from State licensing

(some foreign companies are exempt and sometimes, the State waives licensing because the company does not have a physical presence in the State), then submit proof of that exemption to the City. All costs for any licenses, permits and associated tax payments due to the State because of licensing shall be borne by the Vendor and not charged separately to the City.

Instructions and applications are at http://bls.dor.wa.gov/file.aspx.

9.3. Permits

All permits required to perform work must be supplied by the Vendor at no additional cost to the City.

10. BID INSTRUCTIONS AND INFORMATION

10.1. Registration into the City's Procurement Portal

If you have not previously done so, register at: https://procurement.opengov.com/portal/seattle, then subscribe to the City’s Procurement Portal. The Procurement Portal is used by City staff to identify companies for future solicitation lists and check certifications. Women- and minority-owned firms are asked to self-https://www.filelocal-wa.gov/Default_FileLocal.aspx mailto:tax@seattle.gov http://www.seattle.gov/licenses https://www.seattle.gov/license-and-tax-administration/business-license-tax-certificates https://www.seattle.gov/license-and-tax-administration/business-license-tax-certificates http://bls.dor.wa.gov/file.aspx https://procurement.opengov.com/portal/seattle identify their business as such in OpenGov. Registration in the City's Procurement Portal is required to submit a response to this solicitation.

10.2. Communications

All vendor communications concerning this acquisition and evaluation must be directed only to the Buyer below.

Failure to comply may cause bid rejection. Unless authorized by the Buyer, no other City official or City employee is empowered to speak for the City regarding this solicitation or resultant contract evaluation.

Jack Nolan

(206) 684-0452 jack.nolan@seattle.gov

10.3. Pre-Bid Conference

The City shall conduct a Non-Mandatory Pre-Bid Conference virtually using the information below. Vendors need not attend to be eligible to submit a Bid. The meeting answers questions potential Vendors may have regarding the solicitation document and to discuss and clarify issues. This is an opportunity for Vendors to raise concerns regarding specifications, terms, conditions, and any requirements of this solicitation. Failure to raise concerns over any issues at this opportunity will be a consideration in any protest filed regarding such items known as of this pre-bid conference.

The Non-Mandatory Pre-Bid Conference will be held at 11:30 am, on Monday, October 19, 2026. Please use this link to get on the meeting: https://teams.microsoft.com/meet/295289111208229?p=TU4YIPWzX6BqSPNLkZ.

10.4. Questions

Submit questions to the Buyer no later than 5:00 pm on Monday, October 26, 2026. The City strongly prefers that vendors use the City’s Procurement Portal at https://procurement.opengov.com/portal/seattle to submit questions. Failure to request clarification of any inadequacy, omission, or conflict will not relieve Vendor of any responsibilities herein or in any subsequent contract. The Vendor is responsible to assure they received responses to the questions if issued.

10.5. Changes to the ITB/Addenda

A change may be made by the City if, in the sole judgment of the City, the change will not compromise the City’s objectives. A change will be made by formal addendum issued by the City’s Buyer, through the Procurement

Portal at https://procurement.opengov.com/portal/seattle. Such Addenda shall become part of this ITB and included in the Contract. Interested Vendors are responsible to assure they received Addenda.

10.6. Receiving Addenda and/or Question and Answers

The City Buyer intends to provide you notice, through the City’s Procurement Portal, when addenda are posted on the procurement portal. Notwithstanding such efforts, it is the Vendor’s responsibility to learn of addenda, responses, or notices issued by the City. Some third-party services post City of Seattle bids on their websites.

The City does not guarantee such services have accurately provided bidders with all information, particularly

Addenda or changes to bid date/time.

Bids are considered compliant to all Addenda, with or without specific Bidder confirmation. The Buyer can reject the Bid if it does not reasonably appear to have incorporated Addendum. The Buyer may reject bids that do not appear to incorporate substantive Addendum, or the Buyer may find that the Addenda were not material and accept the bid.

10.7. Late Submittals

The submitter has full responsibility to ensure the response is submitted to the City’s Procurement portal within the deadline. The Procurement portal will not allow vendors to upload submissions past the deadline.

10.8. Use of Hyperlinks and URLs in Submittals

Hyperlinks and URLs to web sites or references to attachments may not be used in documents submitted in response to this solicitation, unless specifically requested in the submittal requirements. The City is not obligated to evaluate, review, or score any information submitted in the form of a hyperlink or URL.

Information and documentation requested for the evaluation process must be submitted in the format indicated in the Bid Instructions and Information section.

10.9. Bid Opening

Bids shall be publicly opened by the City at the date and time that sealed bids are due to the City. Bidders wishing to attend the bid opening must do so through the link provided in the Bid Timeline.

10.10. Bid and Price Specifications

Vendor shall provide their Offer on the provided City Bid Table(s), indicating unit prices for each item if applicable. In the case of difference between the unit price and the extended price, the City shall use the unit price. The City may correct the extended price. Unless specified otherwise, Vendor shall quote prices F.O.B.

Destination, with freight prepaid and allowed, US Dollars.

10.11. Do Not Submit Extra Comments, Explanations, Information or Changes

The City will reject bids that take material exception to City specifications and contract. Never add information or explanations on your Offer form. Do not take exceptions, do not offer alternatives (unless City requests), and do not mark the Offer with changes. Do not submit your boilerplate terms. Any of these actions may cause bid rejection in the Buyer’s sole opinion. If the Offer Form doesn’t adequately address your concern, ask the Buyer for direction.

10.12. Partial and Multiple Awards

Unless stated to the contrary in the Solicitation, the City reserves the right to name a partial and/or multiple awards, in the best interest of the City. Prepare all pricing and Offers accordingly. The City may eliminate an individual line item when calculating award, to meet City needs, if a line item is not routinely available or cost exceeds City funds.

10.13. Prompt Payment Discount

Vendor may provide a prompt payment discount term. A prompt payment discount term of ten or more days will be considered for bid tabulation.

10.14. Taxes

The City is exempt from Federal Excise Tax. Washington state and local sales tax will be an added line item although taxes are not used in bid tabulation for award.

10.15. Interlocal Purchasing Agreements

This is for information only and not to determine award. RCW 39.34 allows cooperative purchasing between public agencies, nonprofits and political subdivisions. Public agencies that file an Intergovernmental Cooperative

Purchasing Agreement with the City may purchase from City Contracts. The seller agrees to sell additional items at the bid prices, terms and conditions, to other eligible governmental agencies. The City has no responsibility for the payment of such purchases. Should the Vendor impose additional costs for such purchases, the Vendor is to name such additional pricing as a supplement to their offer.

10.16. Contract Terms and Conditions

Vendors shall carefully review all specifications, requirements, Terms and Conditions, and insurance requirements. Bid Submittal is agreement to all Terms and Conditions. All specifications, requirements, terms and conditions are mandatory and submittals should anticipate full compliance without exception. Please see

Terms and Conditions in Supporting Attachments.

10.17. Incorporation of ITB and Bid in Contract

This ITB and Vendor’s response, including promises, warranties, commitments, and representations made in the successful Bid, are binding and incorporated by reference in the City’s contract.

10.18. Effective Dates of Offer

Offered prices remain valid until City completes award. Should any Vendor object, do so before the bid due date.

10.19. Cost of Preparing Bids

The City is not liable for costs incurred by Vendors in bid preparation and presentation including, but not limited to, costs incurred for demonstrations and pre-Bid conferences.

10.20. Prohibited Contacts

Vendors shall not interfere in any way to discourage other potential and/or prospective Vendors from bidding or considering a bid process. Prohibited contacts includes but is not limited to any contact, whether direct or indirect (i.e. in writing, by phone, email or other, and by the Vendor or another person acting on behalf of the

Vendor) to a likely firm or individual that may discourage or limit competition. If such activity is evidenced to the satisfaction and in sole discretion of the City Purchasing Manager, the Vendor that initiates such contacts may be rejected from the process.

10.21. Vendor Responsibility to Examine Documents

Vendor is responsible to examine all specifications and conditions thoroughly, and comply with specifications and terms and conditions. Vendors must comply with all Federal, State, and City laws, ordinances and rules, and meet any and all registration requirements per Washington State law. By responding to this Invitation to Bid

(ITB), Bidder agrees he/she has read and understands all documents within this ITB package.

10.22. Vendor Responsibility to Provide Full Response

It is the Vendor’s responsibility to provide a full and complete written response and Offer Form that does not require interpretation or clarification by the Buyer. The Vendor is to provide all requested materials, forms and information. The Vendor must ensure the Offer accurately reflects Vendor specifications and offering. The City does not accept materials intended to supplement the bid after the bid deadline; however the City may consider additional materials obtained by the City, even if submitted by Vendor, or to seek clarifications from Vendor as needed.