IMANAGE\359830\0001\11013877.v1-3/30/25

CITY OF KENMORE CALL FOR BIDS

PROJECT NAME: Turnkey Electric Vehicle Charging Stations

BID NUMBER: 26-C3271

NOTIFICATION: Municipal Research Services Center Shared Roster –October 2, 2026 BID SUBMITTAL DEADLINE: October 30, 2026 4:00:00 PM Pacific local time

Invitation and Project Summary:

The City of Kenmore (“City”) seeks bids from contractors (“Contractor” or “Bidder”) to furnish all labor, supervision, materials, tools, facilities, transportation, and equipment necessary to complete the project referenced above.

Scope of Work: The work shall include, but is not limited to, construction of turnkey electric vehicle (“EV”) charging stations and associated infrastructure, including design, engineering, procurement, installation, commissioning, activation, operations, maintenance, reporting, and closeout services. See Attachment 3 attached as part of this bid package for additional Scope of Work information.

Construction Working Days: Physical on-site construction is anticipated to be limited to 15 working days per site. Overall Schedule A completion, including site assessment, planning, permitting, procurement, installation, activation, training, and closeout, shall occur no later than March 26, 2027. The Contractor shall coordinate sequencing between the two sites and identify any anticipated schedule constraints in its preliminary schedule.

Instructions to Bidders:

1. Bids must be prepared using the forms included with this Call For Bids (CFB) as

Attachment 1 (“Bid Forms”). The Bid Forms must be signed where indicated by a duly authorized representative of the Bidder.

2. No bid bond is required.

3. Bids are due no later than 4:00:00 PM EXACTLY, Pacific local time on October

30, 2026. Bids shall be emailed to: CAP@kenmorewa.gov. The project name must be included in the subject line.

4. All questions regarding this project shall be submitted electronically to Nina

Rasmussen at CAP@kenmorewa.gov. Questions may be submitted until 5:00:00

PM, Pacific local time on October 22, 2026. Questions submitted after this

Deadline may not be considered. Final response to questions will be posted as addendum on the City’s website by October 26, 2026.

5. Additions, deletions, or revisions to the CFB considered necessary by the City in response to questions, or as otherwise needed, will be issued by formal written addenda. Oral and other interpretations or clarifications will not be binding on the

City and will be without legal effect. If any addenda are issued, they will be transmitted via email to the small works roster contractors that received the CFB.

mailto:CAP@kenmorewa.gov mailto:CAP@kenmorewa.gov

Bidders must acknowledge receipt of any addenda to the CFB where indicated on the Bid Forms.

6. If the City awards a contract pursuant to this CFB, it will be to the responsible

Bidder submitting the lowest responsive Evaluated Bid Price. The Evaluated Bid

Price shall consist of the total price for Schedule A Items A1 through A5 plus

Schedule B Items B1 through B3. Schedule A add alternates A6 and A7 will not be included in the Evaluated Bid Price. The City reserves the right to accept or reject any add alternate based on available funding and the City’s best interests, subject to the following conditions:

• The City reserves the right to reject any or all bids, republish the call for bids, revise or cancel the work to be performed, or perform the work by other means, if the best interest of the City is served.

• The City reserves the right to waive any minor bid informalities or irregularities if determined to be in the best interest of the City.

• The Bidder to whom the contract is awarded shall execute two written agreements with the City in the form of agreement provided in Attachment

2 separately for Schedule A and Schedule B scopes of work and shall secure and furnish an insurance certification and bonds as required by the agreement within ten (10) calendar days after receipt of the agreement form from the City. Failure or refusal to enter into the contract or to conform to any of the stipulated requirements in connection therewith shall be just cause for annulment of the award. In that case, the City may award the contract to the next lowest responsible and responsive Bidder and so-on.

7. All bidding shall be based upon compliance with the current Washington State

Department of Transportation Standard Specifications for Road, Bridge, and

Municipal Construction, unless specified otherwise above or in the Attachments to this CFB.

8. Bidders are encouraged to attend the Pre-Proposal Meeting & Site Walk on October

19, 2026 at the following times and locations:

• Tl’ awh-ah-dees Park – 7515 NE 175th St, Kenmore, WA 98028: 1:00-2:00 PM

• Kenmore City Hall – 18120 68th Ave NE, Kenmore, WA 98028: 2:00-3:00 PM

Procurement & Project Schedule:

Milestone Date (Estimate)

CFB Release October 2

Recommended Pre-Proposal Meeting & Site Walk

October 19

Tl’ awh-ah-dees Park – 1:00-2:00 PM

Kenmore City Hall – 2:00-3:00 PM

Deadline for Written Questions October 22

Final Addendum / Responses Issued October 26

Proposal Due Date October 30

Notice of Intent to Award November 6

Contract Execution November 20

Notice to Proceed Within 10 Business Days of Execution

Design & Potential Utility Coordination Kickoff December 2026

EV Charger Activation/ Project Closeout March 26, 2027

EV Charging O&M Services April 2027-March 2032

ATTACHMENT 1 - BID FORMS

Turnkey Electric Vehicle Charging Stations Project

Bid No.: 26-C3271

Bid Submittal Checklist

□ ATTACHMENT 1: BID FORMS, INCLUDING BID SIGNATURE

PAGE

□ STATEMENT OF BIDDER QUALIFICATIONS

Failure to submit each of the above items will render the bid non-responsive.

1. Having carefully examined all documents included in the City’s Call For Bids, the undersigned Bidder proposes to enter into a contract with the City to perform all

Work in strict compliance with all terms and conditions set forth in the Call For Bids, for the amount set forth below.

2. The bid includes all State of Washington or local sales tax, pursuant to the requirements of Rule 171 of the Department of Revenue, where applicable.

Schedule A: Construction Costs

Item No

Item Of Work Quantity Unit Unit

Prices Bid

Amount

A1. Mobilization 1 Lump Sum

A2.

Single Port Level 2 charger hardware including selection and procurement

Per

A3.

Assessment, Installation, and Activation of Charger at Tl’ awh-ah-dees Park site

A4.

Assessment, Installation, and Activation of Charger at City Hall site

A5.

Training, closeout, as-builts, O&M manuals, and final documentation

SUBTOTAL SCHEDULE A1. THROUGH A5.

SALES TAX

TOTAL

A6.

Add Alternate Pricing (Additional Single Port Level 2 Conduit) for Tl’ awh-ah-dees Park site

A7.

Add Alternate Pricing (Additional Single Port Level 2 Conduit) for City Hall site

SUBTOTAL SCHEDULE A6. THROUGH A7

ADD ALTERNATE TOTAL

GRAND TOTAL

Schedule B: Ongoing Operations and Maintenance Costs

No Item Of Work Quantity Unit

Unit

Prices

Bid

Amount

B1.

Five-year network subscription and software fees

5 Year

Sub fee /

Port

B2.

Preventive maintenance inspections

5 Year fee / Port

B3. Corrective maintenance 120 Per Hour

SUBTOTAL SCHEDULE B (B1. THROUGH B3.)

TOTAL

BID SIGNATURE PAGE

• Use ink and print legibly

• Make sure to initial and date any changes, erasures, or cross-outs in your bid

• All information regarding this bid may be sent to the mailing address, phone number, or email provided below

• Bidder acknowledges receipt of addenda ____ through ____. No addenda issued

• If awarded the contract, the undersigned agrees to complete all the Schedule A work as specified for the above-named project by March 26, 2027.

• Any exceptions or exclusions to the bid total are noted below.

• The Bidder hereby certifies that, within the three (3) year period immediately preceding the bid solicitation date (September 30, 2026), that the Bidder is not a “willful” violator, as defined in RCW 49.48.082, or any provision of Chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction.

Exceptions:

I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. I agree to comply with all terms and conditions put forth in the City’s Call for Bids.

Company name: _____________________________________________________________________________

Check one: Individual ☐ Partnership ☐ Joint Venture ☐ Corporation ☐

Address: ____________________________________________________________________________________

Mailing Address: ____________________________________________________________________________

City/State/Zip: _______________________________________________________________________________

Phone: ______________________________________________________________________________________

E-Mail: _______________________________________________________________________________________

Signed by (Printed): __________________________________________________________________________

Title of Signatory: ___________________________________________________________________________

Bid Signature: Date: __________________________________________________

STATEMENT OF BIDDER’S QUALIFICATIONS (2 pages)

The Statement of Bidder’s Qualifications is to be completed by the Bidder and provided as part of the bid submission. This statement of qualifications is also to be completed for all subcontractors who will subcontract to perform at least twenty-five percent (25%) of the total bid amount and be submitted by the two low Bidders within twenty-four (24) hours after the bid results are published.

Name of Firm: __________________________________________________________________________________

Number of Years Doing Business Under Present Name: __________________________________________

State of Washington UBI Number: _______________________________________________________________

State of Washington Department of Employment Security Number: ______________________________

Washington State Excise Tax Registration Number: ______________________________________________

Federal Tax ID Number: _________________________________________________________________________

The City may conduct reference checks for the Bidder whose bid is under consideration for award for verification of Bidder responsibility under mandatory and supplemental bidder responsibility of the Contract Documents. The City may determine that the Bidder is not a responsible bidder and may award to the next lowest Bidder who meets the bidder qualification requirements. In conducting reference checks, the City may include itself or other government agencies and businesses as a reference even if the Bidder did not identify these sources as a reference.

1. Delinquent Sales Taxes. Are you delinquent on your taxes with the Department of Revenue?

Yes No

If yes, a written payment plan will be required.

2. State Debarment: Are you listed on the “Debarred Contractors List” on the WA State

Department of Labor and Industries data base http://www.lni.wa.gov/TradesLicensing/PrevWage/AwardingAgencies/DebarredContractor s

3. Federal Debarment. Are you listed on as having an “active exclusion” on the U.S. Government's System for Award Management data base (https://www.sam.gov/)?

Yes No

4. Subcontractor Responsibility. Do you have responsibility criteria for each subcontractor as required per RCW 39.06.020?

Yes No

If yes, include a copy of your standard subcontract form.

http://www.lni.wa.gov/TradesLicensing/PrevWage/AwardingAgencies/DebarredContractors http://www.lni.wa.gov/TradesLicensing/PrevWage/AwardingAgencies/DebarredContractors https://www.sam.gov/

5. Prevailing Wages. Do you have determinations by the WA Labor and Industries that prevailing wages were not paid within the last five (5) years?

Yes No

If yes, list the dates of these determinations: .

6. Claims Against Retainage and Bonds. Do you have two (2) or more claims against retainage and/or bonds on any public works contract within the last three (3) years from the date of bid submittal?

If yes, a report of such claims will be required.

7. Public Bidding Crime. Have you been convicted of a crime involving bidding on a public works contract in the five (5) years prior to the bid submittal date?

8. Termination for Cause/Termination for Default. Have you had any public contract terminated for default or cause by a government agency within the last five (5) years from the date of bid submittal?

If yes, a report describing the circumstances of such termination or default will be required.

9. Lawsuits. Have judgments been entered against you within the last five (5) years from the date of bid submittal relating to contract enforcement or breach?

Yes No

If yes, a report containing an explanation of the circumstances surrounding each such lawsuit will be required.

By the signature below, Bidder confirms that all information provided is true and correct and agrees that the City shall retain the right to obtain any and all credit reports.

Signature : ___________________________________________________________________________________

Title: _________________________________________________________________________________________

Date: ________________________________________________________________________________________

Print Name: ____________________________________________________________________________________

ATTACHMENT 2 - SMALL WORKS CONTRACT

SAMPLE CONTRACT

This sample contract is provided for reference. The successful Bidder will execute separate

Small Works Contracts for Schedule A and Schedule B using substantially this form. Each contract will incorporate the applicable scope of work, compensation, performance period, retainage, closeout, and other requirements for that Schedule.

City of Kenmore Small Works Contract

THIS CONTRACT is entered into the date last below written between the CITY OF KENMORE, a Washington municipal corporation ("City") and ("Contractor"), individually a “Party” and together the “Parties.”

In consideration of the terms and conditions contained in this Contract and as set forth in Exhibits A-D, attached hereto and incorporated by reference, the parties agree as follows:

1) Project - Contractor Services.

1.1 The Contractor shall do all work and perform all services necessary to construct the public works project known as Turnkey Electric Vehicle Charging Stations, in accordance with and as more fully described in Exhibit A - Scope of Work (“Project”), and the following documents, which are incorporated herein by reference:

i. This Contract and Exhibits A through D

ii. Scope of Work (Exhibit A)

iii. Project Cost (Exhibit B)

iv. Federal Tax Form W-9 (Exhibit C)

v. Non-Discrimination Requirements (Exhibit D)

The Parties acknowledge and agree that Exhibit A is identical to Attachment 3, including any addenda, as included in the Project’s Call For Bids (“CFB”). Any inconsistency in the parts of the Contract referenced above shall be resolved by following an order of precedence in which part i presides over part ii, part ii over part iii, part iii over part iv, and so forth.

1.2 The Contractor shall furnish, at its own cost and expense, all labor, supervision, tools, equipment, facilities, transportation, and materials required to complete the Project. The Contractor shall construct and complete, to the satisfaction of the City, the work designated, described and required by Exhibit A and the approved proposal for construction of the improvements, all of which documents are a part of this Contract.

1.3 The term “work,” as used in this Contract, means the construction and services necessary or incidental to fulfill Contractor’s obligations in conformance with this Contract.

2) Notice to Proceed; Time of Completion. The Contractor shall complete the work within 60 consecutive working days from the indicated starting date appearing in an official Notice to Proceed issued by the City.

3) Compensation and Method of Payment. The City shall pay Contractor the amount of $ according to the rates/proposal set forth in Exhibit B (“Project Cost”). The Project Cost includes all costs associated with the Project, including, but not limited to, labor, materials, overhead, administrative, and permit and regulatory costs, unless otherwise agreed to by the Parties in writing. The Contractor shall submit a request for payment for work performed within five (5) business days from the last day of the month work was performed. Extensions may be granted at the City’s discretion.

The Contractor shall complete and return to the City Exhibit C, federal tax Form W-9, prior to or along with the first billing invoice. The City shall pay the Contractor for services rendered within ten (10) days after City Council voucher approval.

All or a portion of the work may constitute "public road construction" as defined in Washington Administrative Code (“WAC”) §458-20-171 (also referenced as Washington Department of Revenue Rule 171). Under Rule 171, the performance of the work by the Contractor which constitutes "public road construction" does not constitute a "retail sale" to the City. Therefore, state and local retail sales taxes will not be paid by the City on work which constitutes “public road construction.” However, state and local retail sales taxes are payable by the Contractor on all purchases and rentals of materials, tools, machinery, equipment, and supplies used or consumed by the Contractor in the performance of the work.

4. Bonds. Contractor shall furnish performance and payment bonds for the faithful performance of all its obligations under this Contract and payment of all laborers, mechanics, subcontractors, material supplies, and all persons who supply such person or http://apps.leg.wa.gov/wac/ persons, or subcontractors, with provisions and supplies for the carrying on of such works, in accordance with RCW 39.08.010. The bonds shall be in the amount of the full contract price and no less. The bonds must be accepted by the City prior to the execution of the Contract and shall be in a form approved by the City. The bonds shall be released thirty

(30) days after final acceptance of the work performed under this Contract and receipt of all necessary releases from the State Department of Revenue, State Employment Security Department, and the State Department of Labor and Industries, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. On contracts of $150,000 or less, the Contractor or general contractor/construction manager as defined in RCW 39.10.210, may request in writing that the City, in lieu of the bond, retain ten percent (10%) of the Contract amount for a period of thirty (30) days after the date of final acceptance, or until the receipt of all necessary releases from the State Department of Revenue, State Employment Security Department, and State Department of Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW, whichever is later.

5. Retainage. Where retainage is required per RCW 39.04.152, as adopted or as may be amended, the City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to the Contractor for a period of sixty (60) days after the date of the final acceptance, or until receipt of all necessary releases from the State Department of Revenue, State Department of Employment Security, and the State Department of Labor and Industries, and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later.

6. Defective or Unauthorized Work. The City reserves the right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Contract, and extra work and materials furnished without the City’s written approval. If the Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and the Contractor shall be liable to the City for any additional costs incurred by the City.

"Additional costs" means all reasonable costs incurred by the City, including legal costs and attorneys’ fees, beyond the maximum contract price under this Contract. The City further reserves the right to deduct the cost to complete the work, including any additional costs, from any amounts due or to become due to the Contractor.

7. Final Payment; Waiver of Claim. Contractor’s acceptance of final payment shall constitute a waiver of claims, except those previously and properly made and identified by the contractor as unsettled at the time request for final payment is made. Acceptance of final payment shall be in the form of a “canceled” check.

8. Termination. The City may terminate this Contract for good cause. "Good cause" shall include, without limitation, any one or more of the following events:

8.1 The Contractor’s refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the work.

8.2 The Contractor’s failure to complete the work within the time specified in this Contract.

8.3 The Contractor’s failure to make full and prompt payment to subcontractors or for material or labor.

8.4 The Contractor’s failure to comply with any federal, state, or local laws, regulations, rules, or ordinances.

8.5 The Contractor’s filing for bankruptcy or being adjudged bankrupt.

If the City terminates this Contract for good cause, the Contractor shall not receive any further monies due under this Contract.

9. Independent Contractor. The Contractor is and shall be at all times during the term of this Contract an independent contractor. As the Contractor is customarily engaged in an independently established trade which encompasses the specific work provided to the

City in this Contract, no agent, employee, representative, or subcontractor of the

Contractor shall be or shall be deemed to be the employee, agent, representative, or subcontractor of the City. In the performance of the work, the Contractor is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. Nothing in this

Contract shall be considered to create the relationship of employer and employee between the Parties. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded to City employees by virtue of the Services provided under this Agreement.

The City shall not be responsible for withholding or otherwise deducting federal income taxes or Social Security taxes, contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor.

10. Prevailing Wages. Contractor shall comply with and pay prevailing wages as required with Chapter 39.12 RCW, as now in effect or hereafter amended. The hourly wage paid to all laborers, workers, or mechanics for the work under this Contract shall not be less than the prevailing wage rate in King County, Washington. The Contractor is responsible for determining the correct laborer, worker, or mechanic classifications for prevailing wages. The prevailing wages shall be as of the date of the quotation submitted by the Contractor to the City, and are available at the Department of Labor and Industries website at http://www.Ini.wa.gov/TradesLicensing/PrevWage/WageRates. A copy of the applicable prevailing wages is available for viewing at City Hall at the address shown in Paragraph 16.7 of this Contract. The City will mail a hard copy of the applicable prevailing wages to the Contractor upon request.

Prior to making any payment under this Contract, the Contractors and subcontractors must submit to the City an approved copy of the “Statement of Intent to Pay Prevailing Wages” from the Department of Labor and Industries. It is the Contractor’s responsibility to obtain and file the “Statement of Intent to Pay Prevailing Wages.” The Contractor shall be responsible for all filing fees. Notice from the Contractor and all subcontractors of intent to pay prevailing wage rates for the Project must be posted for the benefit of the workers. Each invoice shall include a signed statement that that prevailing wages have been paid by the Contractor and all subcontractors. Following final acceptance of the work, the Contractor shall submit an “Affidavit of Wages Paid” from the Department of Labor and Industries for themselves and any subcontractors.

11. Changes.

11.1 The City may issue a written change order for any change in the work during the performance of this Contract. If the Contractor determines, for any reason, that a change order is necessary, the Contractor must submit a written change order request to the City within two (2) working days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor’s costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. If the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving the written change order. If the Contractor fails to require a change order within the time frame allowed the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below.

http://www.ini.wa.gov/TradesLicensing/PrevWage/WageRates

11.2 Procedure and Protest by Contractor. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor shall, within two (2) working days, provide a signed written notice of protest to the City that states the date of the notice of protest, the nature and circumstances that give rise to the protest, the provisions in the Contract that support the protest, the estimated cost, if any, of the protested work and how the estimate was determined, and an analysis of the progress schedule showing the schedule change or disruption, if applicable. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor’s records needed to evaluate the protest. If the City determines that a protest is valid, the City will adjust the payment for work or time by an equitable adjustment. If the City determines the protest is partially or wholly unjustified the City will inform the Contractor of its decision in writing within a reasonable period of time.

11.3 Contractor’s Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed to promptly complete work that the City has ordered.

11.4 Contractor’s Acceptance of Changes. The Contractor accepts all requirements of a change order, action, determination, decision, or instruction by the City by: (1) endorsing the change order; (2) writing a separate acceptance; or

(3) not protesting in the manner provided in this Section. Acceptance of a change order by Contractor as provided in this Section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect, and consequential costs, including costs of delays related to any work, either covered or affected by the change.

11.5 Failure to Protest or Follow Procedures Constitutes Waiver. By not protesting or following procedures as provided in this Section, the Contractor waives any additional entitlement or claims for protested work, and accepts from the City any written or oral order (including directions, instructions, interpretations, and determinations).

12. Claims. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of events giving rise to the claim. Any claim for damages, additional payment for any reason, or extension of time, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Contract.

At a minimum, a Contractor’s written claim must include the information required in Paragraph 11.2 regarding protests.

FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE

TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY

FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM.

If the Contractor has met all claim and notice provisions for protests and claims as provided in this Paragraph 12, any lawsuit by the Contractor to pursue additional compensation, additional time, or other relief related to this Contract must be filed in King County Superior Court within one hundred twenty (120) calendar days from the date the work is accepted by the City.

13. Warranty & Correction of Defects.

Prior to the City’s acceptance of the Contract work as complete, Contractor must provide the City a two (2) year warranty bond on a form and in an amount acceptable to the City.

The Contractor shall correct all defects in workmanship and/or materials discovered within two (2) years from the date of the City’s acceptance of the work, including but not limited to, replacing vegetation that fails to thrive. In the event any parts are repaired or replaced, only original replacement parts shall be used, and rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) additional year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) days of its receipt of notice from the City of the defect and shall complete such work within a reasonable time agreed to by the Parties. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the correction, and the Contractor shall pay all costs incurred by the City to accomplish the correction. In emergencies, where damage may result from delay, or where loss of service may result, such corrections may be made by the City, in which case the Contractor shall pay all costs incurred by the City to perform the correction.

14. Indemnification.

14.1. The Contractor shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, damages, liabilities, judgments, losses, or suits, including, but not limited to, attorneys’ fees and costs, and other expenses of any kind arising out of or in connection with the performance of this Contract, except for injuries and damages caused by the sole negligence of the City.

14.2. Should a court of competent jurisdiction determine that this Contract is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents, and volunteers, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence.

14.3. Contractor specifically and expressly waives any immunity granted under Washington Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated and agreed to by the parties.

14.4. The provisions of this Section shall survive the expiration or termination of this Contract.

15. Insurance

15.1 Prior to the execution of the Contract, Contractor shall procure insurance in the amounts and in accordance with the insurance provisions set forth in this Section.

15.2 Insurance Term. The Contractor shall procure and maintain insurance, as required in this Section, without interruption from commencement of the Contractor’s work through the term of the contract and for thirty (30) days after the physical completion date, unless otherwise indicated herein.

15.3 No Limitation. Contractor’s maintenance of insurance, its scope of coverage, and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity.

15.4 Minimum Scope of Insurance. Contractor’s required insurance shall be of the types and coverage as stated below:

15.4.1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be at least as broad as Insurance Services Office (ISO) form CA 00 01.

15.4.2. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products-completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract.

The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as additional an insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured- Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage.

15.4.3. Workers’ Compensation coverage as required by the

Industrial Insurance laws of the State of Washington.

15.5 Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits:

15.5.1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident.

15.5.2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products-completed operations aggregate limit.

15.6 City Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Contractor.

15.7 Other Insurance Provisions. The Contractor’s Automobile Liability and

Commercial General Liability insurance policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it.

15.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII.

15.9 Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsements, evidencing the insurance requirements of the Contractor before commencement of the work.

Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this contract and evidence of all subcontractors’ coverage.

15.10 Subcontractors’ Insurance. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the City is an additional insured on each and every Subcontractor’s Commercial General liability insurance policy using an endorsement at least as broad as ISO Additional Insured endorsement CG 20 38 04 13.

15.11 Notice of Cancellation. The Contractor shall provide the City and all additional insureds for this work with written notice of any policy cancellation within two (2) business days of their receipt of such notice.

15.12 Failure to Maintain Insurance. Failure on the part of the Contractor to maintain the insurance as required shall constitute a material breach of the Contract, upon which the City may, after giving five (5) business days’ notice to the Contractor to correct the breach, immediately terminate the Contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City.

16. Miscellaneous.

16.1 Subletting or Assigning Contract. The Contractor shall not assign, transfer, or encumber any rights, duties or interest accruing from this Contract without the express prior written consent of the City. Any assignment without the express prior written consent of the City is void.

16.2 Extent of Contract Modification. This Contract, together with attachments or addenda, represents the entire and integrated Contract between the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral. This Contract may be amended, modified or added to only by written instrument properly signed by both Parties.

16.3 Work Performed at Contractor’s Risk. The Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of work under this Contract. All work shall be done at the Contractor’s own risk, and the Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work.

16.4 Trench Safety. All trenches shall be provided with adequate safety systems as required by Chapter 49.17 RCW and WAC 296-155-650 and 655. Contractor is responsible for providing the competent person and registered professional engineer required by WAC 296-155-650 and 655.

16.5 Utility Location. Contractor is solely responsible for locating any underground utilities affected by the work and is deemed to be an “excavator” for the purposes of Chapter 19.122 RCW, as adopted or as hereafter amended. Contractor shall be responsible for compliance with Chapter 19.122 RCW including utilization of the “one call” locator system, before commencing any excavation activities.

16.6 Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained in this Contract, or to exercise any option contained in this Contract in one or more instances, shall not be construed to be a waiver or relinquishment of those terms and rights and such terms and rights shall remain in full force and effect.

16.7 Written Notice. All communications regarding this Contract shall be sent to the Parties at the addresses listed below, unless otherwise notified. Any written notice shall become effective on delivery, but in any event on three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the US Postal Service mailing address stated in this Contract.

City of Kenmore CONTRACTOR Nina Rasmussen ______________________________ Climate Action Plan Program Manager ______________________________ 18120 68th Ave. NE ______________________________ Kenmore, WA 98028-2701 ______________________________

(425) 398-8900 Phone No.

16.8 Discrimination Prohibited. The Contractor shall not discriminate against any employee, applicant for employment, or any person seeking the services of the Contractor under this Contract, on the basis of race, color, religion, creed, sex, sexual orientation, age, national origin, marital status, presence of any sensory, mental or physical disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. See Exhibit D for additional non-discrimination requirements.

16.9 Employment of State Retirees. The City is a “DRS-covered employer” which is an organization that employs one or more members of any retirement system administered by the Washington State Department of Retirement Systems (DRS).

Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is required to elicit on a written form if any of the Contractor’s employees providing services to the City retired using the 2008 Early Retirement Factors (ERFs), or if the Contractor is owned by an individual who retired using the 2008 ERFs, and whether the nature of the service and compensation would result in a retirement benefit being suspended. Failure to make this determination exposes the City to significant liability for pension overpayments. As a result, before commencing work under this Agreement, Contractor shall determine whether any of its employees providing services to the City or any of the Contractor’s owners retired using the 2008 ERFs, and shall immediately notify the City and shall promptly complete the form provided by the City after this notification is made. This notification to DRS could impact the payment of retirement benefits to employees and owners of the Contractor. Contractor shall indemnify, defend, and hold harmless the City from any and all claims, damages, or other liability, including attorneys’ fees and costs, relating to a claim by DRS of a pension overpayment caused by or resulting from Contractor’s failure to comply with the terms of this provision. This provision shall survive termination of this Agreement.

16.10 Compliance with Laws. The Contractor shall comply with all federal, state, and local laws, ordinances, regulations, and rules applicable to the work to be done under this Contract.

16.11 Force Majeure. Notwithstanding anything to the contrary in this Contract, any prevention, delay or stoppage due to strikes, lockouts, labor disputes, acts of

God, acts of war, terrorist acts, inability to obtain services, labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws, regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency (including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other significant public health risk), governmental edicts, actions, declarations or quarantines by a governmental entity or health organization, breaches in cybersecurity, and other causes beyond the reasonable control of the Party obligated to perform, regardless of whether such other causes are (i) foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph (collectively, a "Force Majeure"), shall excuse the performance of such Party for a period equal to any such prevention, delay or stoppage. To the extent this Contract specifies a time period for performance of an obligation of either Party, that time period shall be extended by the period of any delay in such Party's performance caused by a Force Majeure.

IN WITNESS WHEREOF, the Parties have executed this Contract as of 2026.

Contractor City of Kenmore Signature: Signature:

Name: Name:

Title: Title:

Date: Date:

ATTACHMENT 3 - SCOPE OF WORK

Turnkey Electric Vehicle Charging Stations Project

Project Overview

The City seeks a qualified Contractor to construct two (2) Level 2 single-port chargers, with two (2) additional Level 2 single-port conduit installations at two (2) preselected sites in the City of Kenmore. The selected Contractor shall furnish all labor, supervision, materials, equipment, permits, utility coordination, construction, commissioning, training, documentation, and warranty support necessary to place the EV charging stations into full operational service. The scope of work is as follows.

Scope of Services to be Provided by Contractor

The Contractor shall furnish services including, but not limited to, the following:

GENERAL SPECIFICATIONS

Pedestrian Safety Requirements

Contractor shall maintain full, safe pedestrian access at both work sites throughout the duration of the project. Work shall be staged and performed in a manner that allows continuous pedestrian passage unless otherwise approved by the City.

Temporary Traffic Control

Contractor shall, if needed, provide all traffic control, including but not limited to provision of certified flaggers, cones, and signage. Traffic control shall be approved by the City.

Erosion and Sediment Control

Contractor shall comply with all applicable federal, state, and local erosion and sediment control requirements. The Contractor shall implement appropriate best management practices (BMPs) to prevent sediment, debris, pollutants, and turbid water from entering storm drainage systems, waterways, or adjacent properties during construction. All disturbed areas shall be stabilized upon completion of work.

Standards referenced and incorporated in this scope

The Contractor shall comply with the latest adopted editions of the following materials, where applicable:

• National Electrical Code (NFPA 70);

• Washington State Building Code and Electrical Code;

• Applicable utility requirements of Puget Sound Energy (PSE);

• City of Kenmore Road Standards;

• WSDOT Standard Specifications and Standard Plans;

• Kenmore Municipal Code.

Utilities and Site Conditions

Contractor shall verify existing utility conditions & locations, panel capacities, available breaker spaces, and connection points prior to commencing work. Contractor shall not rely solely on conceptual drawings without independent field verification and utility coordination.

Permits

Contractor shall obtain and maintain all permits necessary for completion of the work, including electrical permits, utility coordination, inspections, and permit closeout activities.

Excavation and Restoration

Contractor shall comply with all applicable City, State, and Federal codes and standards for excavation work needed for the project, including but not limited to, trenching and boring activities. Excavated areas shall be restored to match existing conditions.

Schedule A

Invoicing for all Contract Work shall be identified by itemized Bid Item quantity and unit cost with all supporting documentation.

Bid Item A1. Mobilization

The contractor shall mobilize applicable equipment, personnel, tools, materials, etc. to the sites required to complete the tasks outlined in this Call for Bids.

Bid Item A2. Single Port Level 2 charger hardware including selection and procurement

The Contractor shall procure, install, and activate commercial-grade electric vehicle charging equipment (chargers) suitable for public agency deployment. Charger equipment includes, but is not limited to, pedestals, dispensers, switchgear, panels, transformers, conduits, conductors, communications equipment, foundations, bollards, wheel stops, signage, striping, and associated infrastructure. Chargers shall be networked, remotely monitored, capable of software updates, and compliant with open standards as specified in this Call for Bids. Stated charger pricing shall include shipping, storage and handling prior to installation. Contractor shall also provide the following information regarding transaction-based fees.

Fee

Percentage of each transaction _____ %

Fixed fee per transaction $_____

Monthly fixed fee per port, if any $_____

Chargeback or refund fee, if any $_____

Other mandatory transaction-related fees Describe and price

24/7 customer support included Yes / No; if no, state fee

Charger selection shall consider site assessment, electrical capacity evaluation, including existing conditions, available service capacity, transformer capacity, panel/switchgear requirements, trenching, conduit pathways, communications pathways, and constructability constraints appropriate for the project.

Charger equipment, plug, and certification requirements:

• Contractor shall identify the original equipment manufacturer, proposed charger models, rated power, number of ports, connector configuration, enclosure rating, network provider, and payment methods.

• EV Chargers shall carry at a minimum a 5 year warranty on installed hardware.

• Equipment shall comply with applicable federal, Washington State, and City electrical, building, fire/life safety, accessibility, right-of-way, and permitting requirements.

• Charging stations shall be certified by an OSHA Nationally Recognized Testing Laboratory. Level 2 chargers shall be ENERGY STAR certified where applicable.

Level equipment shall be certified to applicable UL or equivalent safety standards for EV charging system equipment.

• Level 2 EVSE shall deliver a minimum of 40A @ 208V or 240V of charging power to the vehicles.

• Level 2 EVSE shall provide at least one SAE J1772 connection and be compatible with SAE J3400 / North American Charging Standard (“NACS”) connections now or in the future, unless otherwise approved by the City in writing.

• Charging cords shall be retractable or supported by a cable management system that keeps connectors and cords above the pedestrian surface and…