Table 1: Solicitation Schedule

ITB Issued September 24, 2026

Pre-Bid Conference (Non-Mandatory) October 6, 2026, 1:00pm

Microsoft Teams meeting Join:

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701?p=kIk4bWqtOBm6xEkjkX Meeting ID: 241 151 408 638 701 Passcode: Em3oN6vS

Dial in by phone +1 206-686-8357,,413800430# United States, Seattle Phone conference ID: 413 800 430# Join on a video conferencing device Tenant key: seattle@m.webex.com Video ID: 119 208 962 4

Deadline For Questions October 22, 2026, 5:00pm

Invitation To Bid # PR0-6791

Title: Swimming Pool Chemicals https://teams.microsoft.com/meet/241151408638701?p=kIk4bWqtOBm6xEkjkX https://teams.microsoft.com/meet/241151408638701?p=kIk4bWqtOBm6xEkjkX mailto:seattle@m.webex.com

Sealed Bids Due to the City / Bid Opening November 5, 2026, 3:00pm

Microsoft Teams meeting Join:

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1?p=eqqJJ3vnw4MDOmyNYz Meeting ID: 220 576 739 151 1 Passcode: Eb93E5wG

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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/279644 https://teams.microsoft.com/meet/2205767391511?p=eqqJJ3vnw4MDOmyNYz https://teams.microsoft.com/meet/2205767391511?p=eqqJJ3vnw4MDOmyNYz

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. LICENSING AND BUSINESS TAX REQUIREMENTS

9. BID INSTRUCTIONS AND INFORMATION

10. ETHICS CODE

11. EVALUATION

12. AWARD AND CONTRACT EXECUTION

13. BID FORM

14. BID SUBMITTAL

Attachments:

A - Contract Terms and Conditions

B - PR0-6791 Insurance Transmittal

1. BACKGROUND AND PURPOSE

1.1. Purpose and Background

The City of Seattle (the "City") is soliciting bids to establish a contract with a qualified vendor to supply swimming pool treatment chemicals on an “as-needed” basis for a multi-year period. Vendors must be able to provide a continuous supply of chemicals, as required by the specifications for City swimming pools, wading pools and various fountains at locations within Seattle city limits.

The City currently has contract #4738 with Orca Pacific Inc. to supply swimming pool chemicals, but this contract is due to be rebid. Use of the contract resulting from this solicitation is estimated to be $250,000 annually. The main user department will be Seattle Parks and Recreation, but other departments may purchase from the resulting contract as well.

1.2. Single Award

The City intends to award one contract and does not anticipate multiple awards. Regardless, the City reserves the right to make multiple or partial awards.

1.3. Bid Timeline

ITB Issued: September 24, 2026

Pre-Bid Conference (Non-Mandatory): October 6, 2026, 1:00pm

Microsoft Teams meeting

Join:

https://teams.microsoft.com/meet/241151 408638701?p=kIk4bWqtOBm6xEkjkX Meeting ID: 241 151 408 638 701 Passcode: Em3oN6vS

Dial in by phone +1 206-686-8357,,413800430# United States, Seattle Phone conference ID: 413 800 430# Join on a video conferencing device

Tenant key: seattle@m.webex.com Video ID: 119 208 962 4

Deadline For Questions: October 22, 2026, 5:00pm https://teams.microsoft.com/meet/241151408638701?p=kIk4bWqtOBm6xEkjkX https://teams.microsoft.com/meet/241151408638701?p=kIk4bWqtOBm6xEkjkX

Sealed Bids Due to the City / Bid Opening: November 5, 2026, 3:00pm

Microsoft Teams meeting Join:

https://teams.microsoft.com/meet/220576 7391511?p=eqqJJ3vnw4MDOmyNYz Meeting ID: 220 576 739 151 1 Passcode: Eb93E5wG

Dial in by phone +1 206-686-8357,,790640156# United States, Seattle Phone conference ID: 790 640 156#

Join on a video conferencing device Tenant key: seattle@m.webex.com Video ID: 115 013 024 7

2. SOLICITATION OBJECTIVES

The City expects to achieve the following outcomes through this solicitation:

• Ensure a reliable, continuous supply of pool chemicals that are compliant with Washington State

Department of Health regulations and delivered in a timely manner.

• Meet or exceed public health and water quality standards to ensure safe, sanitary, and properly balance water conditions for public use.

• Achieve lowest overall pricing for pool chemicals.

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:

• The Vendor, its subcontractors or employees must have a minimum of 3 years of experience safely transporting chemicals in compliance with local, state and federal transportation regulations.

4. SPECIFICATIONS AND SCOPE OF WORK

4.1. Overview

The City of Seattle operates a diverse network of public aquatic facilities and water-recreation amenities, including indoor and outdoor swimming pools, seasonal wading pools, spray parks, and decorative fountains located throughout the city. These facilities and water-recreation amenities serve thousands of residents and visitors each year, supporting recreation, exercise, youth programming, aquatics instruction, and community https://teams.microsoft.com/meet/2205767391511?p=eqqJJ3vnw4MDOmyNYz https://teams.microsoft.com/meet/2205767391511?p=eqqJJ3vnw4MDOmyNYz events. Maintaining clean, safe, and well-balanced water quality is essential to protecting public health, ensuring regulatory compliance, and preserving the longevity of City infrastructure.

To support these operations, the City requires a reliable and continuous supply of high-quality pool treatment chemicals. These chemicals are necessary to maintain proper disinfection, pH balance, algae control, and overall water clarity across a wide range of aquatic environments with varying usage levels and operational demands. Consistent access to approved products is critical for meeting Washington State Department of

Health standards, preventing facility closures, and ensuring a safe and enjoyable experience for all users.

Through this solicitation, the City seeks a vendor capable of providing timely delivery and dependable product availability. The resulting contract will help ensure that the City’s aquatic facilities remain safe, compliant, and fully operational throughout the year.

4.2. Specifications

All chemicals furnished must be compliant with Washington State Department of Health regulations.

Requirements for chemical deliveries:

• Safety Data Sheet (SDS) must be included in all deliveries.

• Vendor will deliver chemicals to City-designated aquatic facilities located throughout Seattle. See

Section 4.4 for a list of locations.

o Deliveries to swimming pool facilities must arrive before 12:00 pm unless otherwise arranged by authorized Parks aquatic staff.

• Vendor must maintain all required licenses for handling and transporting hazardous materials.

• Vendor must ensure all transportation complies with Department of Transportation (DOT), Occupational Safety and Health Administration (OSHA), and hazardous-materials handling requirements.

• Chemicals must not be stacked over 4 feet high and dissimilar chemicals must be separated by 20 feet per Fire Department code.

For bulk sodium hypochlorite, a 250-gallon storage tank will be provided for each of the ten (10) swimming pools at no rental cost to the City. The storage tank shall remain the property of the Vendor.

The Vendor will provide basic technical assistance regarding product use, storage, and compatibility upon request and they will notify the City of any product updates, safety advisories, or changes affecting use.

4.3. Chemicals

The City is soliciting for the chemicals listed below. The City may purchase other swimming pool chemicals, as needed, or may make changes due to changes in industry standards during the life of the contract, in accordance with the Expansion Clause.

Product Concentration

Sodium Hypochlorite 12.5%+

Calcium Hypochlorite 65%+

Sodium Dichlor 56%+

Bromine Tablets 60%+

Sodium Thiosulfate 98%+

Cyanuric Acid 98%+

Sodium Bicarbonate 98%+

Calcium Chloride 77%+

Harborlite N/A

Algi Control 50 N/A

Filter Cleaner N/A

Rapid Clear N/A

Hydrochloric Acid-Muriatic Acid 30%+

Acid Magic 30%+

Taylor Test Kit K2006C N/A

R0001A, Taylor DPD#1 N/A

R0001C Taylor DPD#1 N/A

R0002A, Taylor DPD#2 N/A

R0002C, Taylor DPD #2 N/A

R0003A, Taylor DPD#3 N/A

R0003C, Taylor DPD#3 N/A

R0004C, Taylor Ph Indicator N/A

R0004E, Taylor Ph Indicator N/A

R0007C, Taylor Alkalinity Indicator N/A

R0008C, Taylor Alkalinity Indicator N/A

R0009C, Taylor Sulfuric Acid N/A

R0010C, Taylor Calcium Buffer N/A

R0011LC, Taylor Calcium Indicator N/A

R0012C, Taylor Hardness N/A

R0013C, Taylor Cyanuric Acid N/A

R0870I, Taylor DPD Powder N/A

R0870J, Taylor DPD Powder N/A

R0871C, Taylor DPD Titrating N/A

R0871E, Taylor DPD Titrating N/A

4.4. Locations

Deliveries of chemicals will be made to the following locations. Other locations may also be requested by the

City.

Spray Parks

Miller Fountain

330 19th Ave E, Seattle, WA 98122

Phone: 206-684-7098

South Lake Union Fountain

860 Terry Ave N, Seattle, WA 98109

Phone: 206-684-7098

Georgetown Spray Park

750 S Homer St, Seattle, WA 98117

Phone: 206-684-7098

Northacres Spray Park

12800 1st Ave NE, Seattle, WA 98133

Phone: 206-684-7098

Yesler Spray Park

917 E Yesler Way, Seattle, WA 98122

Phone: 206-684-7098

Ballard Commons Fountain

5701 22nd Ave NW, Seattle, WA 98117

Phone: 206-684-7098

Beacon Mountain Spray Park

3901 Beacon Ave S, Seattle, WA 98108

Phone: 206-684-7098

Highland Spray Park

1100 SW Cloverdale St, Seattle, WA 98126

Phone: 206-684-7098

Pratt Spray Park

1800 S Main St, Seattle, WA 98144

Phone: 206-684-7098

South Park Spray Park

8319 8th Ave S, Seattle, WA 98108

Phone: 206-684-7098

Spray Park Parts & Chemical Delivery

4209 W West Marginal Way SW, Seattle, WA 98106

Phone: 206-684-7098

Indoor Swimming Pools

Ballard Pool

1471 NW 67th St, Seattle, WA 98117

Phone: 206-684-4027

Evans Pool

7201 E Green Lake Dr N, Seattle, WA 98103

Phone: 206-684-0783

Helene Madison Pool

13401 Meridian N, Seattle, WA 98133

Phone: 206-684-0892

Medgar Evers Pool

500 23rd Ave, Seattle, WA 98122

Phone: 206-684-4728

Queen Anne Pool

1920 1st Ave W, Seattle, WA 98119

Phone: 206-386-4264

Meadowbrook Pool

10515 35th Ave NE, Seattle, WA 98125

Phone: 206-684-0892

Rainier Beach Pool

8825 Rainier Ave S, Seattle, WA 98118

Phone: 206-615-1073

Southwest Pool

2801 SW Thistle St, Seattle, WA 98126

Phone: 206-684-7476

Outdoor Swimming Pools

Colman Pool

8603 Fauntleroy Way SW, Seattle, WA 98136

Phone: 206-684-7480

Pop Mounger Pool

2535 32nd Ave W, Seattle, WA 98119

Phone: 206-684-4708

Wading Pools

Phone number for all wading pools: 206-233-1500

Beacon Hill

1902 13th Ave S

Bitter Lake Community Center

13035 Linden Ave N

Cal Anderson Park

1635 11th Ave

Dahl Playfield

7700 25th Ave NE

Delridge Community Center

4501 Delridge Way SW

E Queen Anne Playground

160 Howe St

E.C. Hughes Playground

2805 SW Holden St

Gilman Playground

923 NW 54th St

Green Lake Park

N 73rd St & W Green Lake Dr N

Hiawatha Community Center

2700 California Ave SW

Lincoln Park

8600 Fauntleroy Way SW

Magnuson Park

7400 Sand Point Way NE

Peppi’s Playground

3233 E Spruce St

Powell Barnett Park

352 Martin Luther King Way

Ravenna Park

5520 Ravenna Ave NE

Sandel Playground

9053 1st Ave NW

Soundview Playfield

1590 NW 90th St

South Park Community Center

8319 8th Ave S

Van Asselt Community Center

2820 S Myrtle St

View Ridge Playfield

4408 NE 70th St

Volunteer Park

1400 E Galer St

Wallingford Playfield

4219 Wallingford Ave N

4.5. Spill Responsibilities

The Vendor is solely responsible for any and all spills or leaks, which occur during the performance of the

Contract, except those caused by the sole negligence of the City. Except for spills or leaks caused by the sole negligence of the City, and at no additional cost to the City, the Vendor shall contain and clean up, any and all spills or leaks to the satisfaction of the City. At reasonable cost to the City, the Vendor shall contain and clean up any and all spills or leaks caused by the sole negligence of the City to the satisfaction of the City. All spills and leaks are to be cleaned up in a manner that complies with all applicable Environmental or Safety Law.

The Vendor shall immediately report all spills and leaks by telephone or in person to the City onsite personnel.

This telephone report shall convey the following: type of chemical, amount of chemical, location of spill, current and planned response activities, and contact information for follow up.

A written detailed follow-up report shall be submitted to and received by the City representative within five

(5) business days of the spill and shall include at least the following: (a) a description of the chemical spilled,

(b) whether the amount spilled was EPA/State reportable and whether the spill was reported, (c) the spill containment and cleanup procedures initiated, (d) why the spill occurred, (e) how future spills will be prevented, and (f) a summary of any communications with press or governmental entities.

The Vendor shall have a written Spill Prevention Control and Countermeasure (SPCC) Plan in place pertaining to all aspects of performing the Contract, including but not limited to personnel training, and shall provide a copy to the City promptly upon request.

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 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 seven (7) 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. 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.

5.4. Delivery/Shipping

Materials, supplies and/or equipment must be delivered within 7 calendar days after the City has placed an order.

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.

Vendors must respect the right of employees to bargain collectively and commit to remain neutral in organizing campaigns.

6. ADDITIONAL CONTRACT REQUIREMENTS

6.1. Brand Name or Approved Equal

The manufacturer and model listed indicate a standard of performance acceptable to the City. Any alternate items proposed must meet or exceed the specifications of the equipment in both published specifications and actual performance. Alternates will not be considered for those items marked “No Substitutions.” Any alternate item proposed is subject to acceptance at the sole opinion of the City. Such determinations are not subject to protest, and remain the sole discretion of the City. If you intend to submit an “Approved Equal” product, you must present sufficiently clear and detailed materials, product specification sheets, manufacturer materials, or other evidence that the product is an “Approved Equal” to the brand stated. See the Evaluation Section for further detail about “Approved Equal” determinations.

6.2. Contract Term

This contract shall be for five years, with one two-year extension allowed at the option of the City. The Vendor may provide a notice to not extend, but must provide such notice to the City at least 45 days prior to the renewal date.

6.3. 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.

6.4. Contract Expansion

Any resultant contract or Purchase Order may be expanded as allowed below. A modification may be considered per the criteria and procedures below, for any ongoing Contract that has not yet expired. Likewise, a one-time

Purchase Order may be modified if the bid reserved the right for additional orders to be placed within a specified period of time, or if the project or body of work associated with a Purchase Order is still active. Such modifications must be mutually agreed. The only person authorized to make such agreements for the City is the

Buyer from the City Purchasing Division (Department of Finance and Administrative Services). No other City employee is authorized to make such written notices. Expansions must be issued in writing from the City Buyer in a formal notice. The Buyer will ensure the expansion meets the following criteria collectively: (a) it could not be separately bid, (b) the change is for a reasonable purpose, (c) the change was not reasonably known to either the City or Vendor at time of bid or else was mentioned as a possibility in the bid (such as a change in environmental regulation or other law); (d) the change is not significant enough to be reasonably regarded as an independent body of work; (e) the change could not have attracted a different field of competition; and (f) the change does not vary the essential identity or main purpose of the contract. The Buyer shall make this determination, and may make exceptions for immaterial changes, emergency or sole source conditions, or for other situations as required in the opinion of the Buyer.

Some changes are not an expansion of scope, including an increase in quantities, exercising bid options and alternates, or ordering work identified within the solicitation. If such changes are approved, changes are done as a written order issued by City Purchasing to the Vendor.

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 Checks 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.

http://www.seattle.gov/purchasing-and-contracting/social-equity/background-checks http://www.seattle.gov/purchasing-and-contracting/social-equity/background-checks

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. 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. 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.

7.2. 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.ecy.wa.gov/toxhaz.html. The City Council Resolution is here:

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

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

A. the Contractor’s performance or lack of performance under this Contract, B. the violation of law or breach of this Contract by the Contractor or any of its employees, agents, or contractors, or

C. 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.

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. 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.

8.1. 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.).

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.

8.2. 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.

8.3. Permits

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

9. BID INSTRUCTIONS AND INFORMATION

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

9.1. 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-identify their business as such in OpenGov. Registration in the City's Procurement Portal is required to submit a response to this solicitation.

9.2. 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.

Jen Lyman

(206) 256-5307 jen.lyman@seattle.gov

9.3. 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 1:00 pm, on Tuesday, October 6, 2026. Please use this link to get on the meeting: Microsoft Teams meeting Join:

https://teams.microsoft.com/meet/241151408638701?p=kIk4bWqtOBm6xEkjkX Meeting ID: 241 151 408 638

701 Passcode: Em3oN6vS Dial in by phone +1 206-686-8357,,413800430# United States, Seattle Phone conference ID: 413 800 430# Join on a video conferencing device Tenant key: seattle@m.webex.com Video ID:

119 208 962 4.

9.4. Questions

Submit questions to the Buyer no later than 5:00 pm on Thursday, October 22, 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.

9.5. 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.

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

9.6. 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.

9.7. 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.

9.8. 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.

9.9. 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.

9.10. Bid and Price Specifications

Vendor shall provide their Offer on the provided City Bid Table(s), indicating unit prices for each item if applicable, attaching additional pages if needed. 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.

9.11. 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.

9.12. 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.

9.13. 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.

9.14. 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.

9.15. 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.

9.16. 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.

9.17. 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.

9.18. Effective Dates of Offer

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

9.19. 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.

9.20. 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.

9.21. 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.

9.22. 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. However this does not limit the right of the city to consider additional information (such as references that are not provided by the vendor but are known to the City, or past experiences by the City in assessing responsibility), or to seek clarifications by the City.

9.23. Do Not Attach Additional Materials with your Bid

Do not insert material sheets, extra product options, comments on boilerplate, supplemental or suggested contract terms, or other similar materials unless such materials are requested by the City or are necessary to show an “Approved Equal ” product specification. Such additional materials can compromise the clarity of your bid and result in rejection of your offer. If the materials conflict with your Offer, the City will not be obligated to clarify or determine which has priority; the City may instead reject your bid.

9.24. Changes or Corrections to Bids

Prior to the bid submittal closing date and time established for this ITB, a Vendor may change or correct its bid by following the Instructions here: https://opengov.my.site.com/support/s/article/4f4218bf-7da6-4fc6-b0c3-

7eade0776ebe. No change to a bid shall be made after the bid closing date and time. Note you cannot change, mark-up or cross-out any condition, format, provision or term that appears on any of the City’s documents.

9.25. Errors in Bids

Vendors are responsible for errors and omissions in their Bids. No such error or omission shall diminish the

Vendor’s obligations to the City.

9.26. Withdrawal of Bid

A submittal may be withdrawn by unsubmitting your submittal through the Procurement Portal, up until the closing date and time or by written request of the submitter, prior to bid closing. After the closing date and time, the submittal may be withdrawn only with permission by the City.

9.27. Rejection of Bids and Rights of Award

https://opengov.my.site.com/support/s/article/4f4218bf-7da6-4fc6-b0c3-7eade0776ebe https://opengov.my.site.com/support/s/article/4f4218bf-7da6-4fc6-b0c3-7eade0776ebe

The City reserves the right to reject any or all Bids with no penalty. The City also has the right to waive immaterial defects and minor irregularities in any submitted Bid.

9.28. Bid Disposition

All material submitted in response to this ITB shall become the property of the City upon delivery to the Buyer.

9.29. Equal Benefits

Seattle Municipal Code Chapter 20.45 (SMC 20.45) requires consideration of whether bidders provide health and benefits that are the same or equivalent to the domestic partners of employees as to spouses of employees, and of their dependents and family members. The bid package includes a “Vendor Questionnaire” which is the mandatory form on which you make a designation about the status of such benefits. If your company does not comply with Equal Benefits and does not intend to do so, you must still supply the information on the Vendor

Questionnaire. Instructions are provided at the back of the Questionnaire.

9.30. Women and Minority Opportunities

The City intends to provide the maximum practicable opportunity for successful participation of minority and women owned firms, given such businesses are underrepresented. If a Bidder intends to subcontract any work, the City requires he/she agree to SMC Chapter 20.42.

9.31. Insurance Requirements

Insurance requirements in the attached Terms and Conditions shall apply, unless modified by the Insurance

Transmittal Form. If formal proof of insurance must be submitted to the City before execution of the Contract, the City will remind the successful Vendor in the Intent to Award letter. The apparent successful Vendor must promptly provide such proof of insurance to the City in reply to the Intent to Award Letter. Contracts will not be executed until all required proof of insurance has been received and approved by the City. Vendors are encouraged to immediately contact their Broker to begin preparation of the required insurance documents, if the Vendor is selected as a finalist. Vendors may elect to provide the requested insurance documents within their Bid.

9.32. Proprietary Materials

The State of Washington’s Public Records Act (Release/Disclosure of Public Records): Under Washington State

Law (reference RCW Chapter 42.56, the Public Records Act) all materials received or created by the City of

Seattle are considered public records. These records include but are not limited to bid or proposal submittals, agreement documents, contract work product, or other bid material.

The State of Washington’s Public Records Act requires that public records must be promptly disclosed by the

City upon request unless that RCW or another Washington State statute specifically exempts records from disclosure. Exemptions are narrow and explicit and are listed in Washington State Law (Reference RCW 42.56 and RCW 19.108).

Bidders/proposers must be familiar with the Washington State Public Records Act and the limits of record disclosure exemptions. For more information, visit the Washington State Legislature’s website at http://www.leg.wa.gov/LawsAndAgencyRules).

http://www.leg.wa.gov/LawsAndAgencyRules

If you have any questions about disclosure of the records you submit with your bid, please contact the Buyer.

9.33. Marking Your Records Exempt from Disclosure (Protected, Confidential, or Proprietary)

As mentioned above, all City of Seattle offices (“the City”) are required to promptly make public records available upon request. However, under Washington State Law some records or portions of records are considered legally exempt from disclosure and can be withheld. A list and description of records identified as exempt by the Public Records Act can be found in RCW 42.56 and RCW 19.108.

If you believe any of the records you are submitting to the City as part of your bid/proposal or contract work products, are exempt from disclosure you can request that they not be released before you receive notification.

To do so you must complete the City Non-Disclosure Request Form (“the Form”) provided by City Purchasing

(see Form as part of Vendor Questionnaire), very clearly and specifically identify each record and the exemption(s) that may apply, and submit a copy of your records with the specified exemptions redacted. (If you are awarded a City contract, the same exemption designation will carry forward to the contract records.)

The City will not withhold materials from disclosure simply because you mark them with a document header or footer, page stamp, or a generic statement that a document is non-disclosable, exempt, confidential, proprietary, or protected. Do not identify an entire page as exempt unless each sentence is within the exemption scope; instead, identify paragraphs or sentences that meet the specific exemption criteria you cite on the Form.

Only the specific records or portions of records properly listed on the Form will be protected and withheld for notice. All other records will be considered fully disclosable upon request.

If the City receives…