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CITY OF SEATTLE

Project Manual

FOR

WASHINGTON STREET PERGOLA RESTORATION

Volume 1 of 2

PW# 2016-107

Administered by:

Seattle Department of Transportation

Funded by: Seawall Bond/CPT Bids Open: June 7, 2017

PW# 2016-107 WASHINGTON STREET PERGOLA RESTORATION SECTION 00 01 03

PROJECT DIRECTORY

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PROJECT DIRECTORY

Administering Department:

Seattle Department of Transportation (SDOT) 700 Fifth Avenue Suite 3800 Seattle, WA 98104

Eric Strauch, Project Manager Tel: (206) 233-7208 E-mail:[email protected]

Project Management:

Parsons 600 University Street, #700 Seattle, WA 98101

Robert Lenz, Project Manager Tel: (206) 494-0914 E-mail: [email protected]

Architect: Ron Wright & Associates/Architects, P.S. 2003 Western Avenue, #610 Seattle, WA 98121

Ron Wright Tel: (206) 728-4248 E-mail: [email protected]

Structural Engineer:

Exeltech Consulting Inc. 8729 Commerce Pl Dr NE Lacey, WA 98516

Cheng Yang, PhD, PE, SE Tel: (206) 623-9646 E-mail: [email protected]

Lighting Design:

Dark Light Design 1511 Third Avenue, Suite 700 Seattle, WA 98101

Jill Cody, Principal Tel: (206) 682-1720 E-mail: [email protected]

END OF SECTION


TABLE OF CONTENTS

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TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

INTRODUCTORY INFORMATION 00 01 01 PROJECT TITLE PAGE 00 01 02 SIGNATURE OVERLEAF 00 01 03 PROJECT DIRECTORY 00 01 10 TABLE OF CONTENTS 00 01 25 CONTRACT DOCUMENTS LIST AND DISTRIBUTION

SOLICITATION 00 11 13 ADVERTISEMENT FOR BIDS 00 11 53 PROJECT SPECIFIC EXPERIENCE REQUIREMENTS

INSTRUCTIONS FOR PROCUREMENT 00 21 13 INSTRUCTIONS TO BIDDERS

AVAILABLE INFORMATION 00 31 00 AVAILABLE PROJECT INFORMATION 00 31 46 PERMITS

PROCUREMENT FORMS AND SUPPLEMENTS 00 41 13 BID FORM - STIPULATED SUM (SINGLE-PRIME CONTRACT) 00 41 13.13 ATTACHMENT A - INCLUSION PLAN 00 41 13.16 ATTACHMENT B - SUBCONTRACTOR LISTING (RCW 39.30.060) 00 43 93 BID SUBMITTAL CHECKLIST 00 45 13 SUPPLEMENTAL BIDDER RESPONSIBILITY CRITERIA FORM

CONTRACTING FORMS 00 52 13 AGREEMENT FORM - STIPULATED SUM (SINGLE PRIME CONTRACT) 00 60 00 PROJECT FORMS 00 61 13 PAYMENT AND PERFORMANCE BOND FORM 00 61 23 RETAINAGE BOND FORM 00 65 10 SUBCONTRACTOR APPROVAL APPLICATION 00 65 20 SUBCONTRACTOR PAYMENT REPORT 00 65 22 PUBLIC WORKS PREVAILING WAGE CERTIFICATION & SUBCONTRACTOR LIST

FORM 00 65 30 SOCIAL EQUITY PLAN 00 65 40 PUBLIC WORKS WMBE INCLUSION PLAN CHANGE REQUEST FORM 00 65 80 DEFICIENT CONTRACTOR PERFORMANCE EVALUATION PROGRAM 00 65 82 CONSTRUCTION CONTRACTS TEAMING 360 REVIEW 00 65 90 SDOT CONSTRUCTION ADMINISTRATION FORMS

CONDITIONS OF THE CONTRACT 00 72 13 GENERAL CONDITIONS - STIPULATED SUM (SINGLE-PRIME CONTRACT) 00 73 16 INSURANCE REQUIREMENTS 00 73 36 SOCIAL EQUITY IN CONTRACTING 00 73 43 PREVAILING WAGE RATE REQUIREMENTS

VOLUME 1


TABLE OF CONTENTS

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DIVISION 01 - GENERAL REQUIREMENTS

01 10 00 SUMMARY OF WORK 01 20 00 PRICE AND PAYMENT PROCEDURES 01 30 00 ADMINISTRATIVE REQUIREMENTS 01 35 43 ENVIRONMENTAL PROCEDURES 01 40 00 QUALITY REQUIREMENTS 01 50 00 TEMPORARY FACILITIES AND CONTROLS 01 55 00 VEHICULAR ACCESS AND PARKING 01 57 13 TEMPORARY EROSION AND SEDIMENT CONTROL 01 57 50 TEMPORARY ENVIRONMENTAL POLLUTION CONTROL 01 58 13 TEMPORARY PROJECT SIGNAGE 01 60 00 PRODUCT REQUIREMENTS 01 61 16 VOLATILE ORGANIC COMPOUND (VOC) CONTENT RESTRICTIONS 01 70 00 EXECUTION AND CLOSEOUT REQUIREMENTS 01 74 19 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 01 78 00 CLOSEOUT SUBMITTALS

DIVISION 02 - EXISTING CONDITIONS

02 41 00 DEMOLITION 02 43 00 STRUCTURE MOVING 02 83 00 LEAD CONTAINING PAINT CONTROLS

DIVISION 03 - CONCRETE

03 33 00 CAST-IN-PLACE CONCRETE

DIVISION 05 - METALS

05 12 00 STRUCTURAL STEEL FRAMING 05 50 00 METAL FABRICATIONS 05 52 13 PIPE AND TUBE RAILINGS 05 56 00 METAL CASTINGS 05 73 00 ORNAMENTAL HANDRAILS AND RAILINGS

DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES

06 10 00 ROUGH CARPENTRY 06 15 00 WOOD DECKING 06 20 00 FINISH CARPENTRY

DIVISION 07 - THERMAL AND MOISTURE PROTECTION

07 61 00 SHEET METAL ROOFING 07 62 00 SHEET METAL FLASHING AND TRIM 07 92 00 JOINT SEALERS

DIVISION 08 - OPENINGS

08 14 33 STILE AND RAIL WOOD DOORS 08 52 70 WOOD WINDOWS – RESTORATION AND REHABILITATION 08 71 00 DOOR HARDWARE 08 80 00 GLAZING


TABLE OF CONTENTS

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DIVISION 09 - FINISHES

09 64 29 WOOD STRIP AND PLANK FLOORING 09 91 23 INTERIOR PAINTING 09 96 00 HIGH-PERFORMANCE COATINGS

DIVISION 23 - HEATING, VENTILATING, AND AIR-CONDITIONING (HVAC)

23 83 00 RADIANT HEATING UNITS

DIVISION 26 - ELECTRICAL

26 05 26 GROUNDING AND BONDING FOR ELECTRICAL SYSTEMS 26 05 34 CONDUIT 26 05 35 SURFACE RACEWAYS 26 05 37 BOXES 26 05 40 SCL ELECTRICAL SERVICE 26 06 50 LUMINAIRE SCHEDULE 26 09 23 LIGHTING CONTROL DEVICES 26 27 17 EQUIPMENT WIRING 26 51 00 INTERIOR LIGHTING 26 56 00 EXTERIOR LIGHTING

DIVISION 31 - EARTHWORK

31 23 16 EXCAVATION 31 23 16.13 TRENCHING 31 23 23 FILL

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 12 16 ASPHALT PAVING 32 31 13 CHAIN LINK FENCES AND GATES

DIVISION 33 - UTILITIES

33 11 16 SITE WATER UTILITY DISTRIBUTION PIPING 33 31 11 SITE SANITARY UTILITY SEWERAGE PIPING

APPENDICES

APPENDIX A AVAILABLE PROJECT INFORMATION APPENDIX B CONSENT DECREE APPENDIX C APPLICABLE PERMITS AND OTHER GOVERNMENTAL APPROVALS

VOLUME 2

PW# 2016-107 WASHINGTON STREET PERGOLA RESTORATION SECTION 00 01 25 CONTRACT DOCUMENTS LIST AND DISTRIBUTION

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CONTRACT DOCUMENTS LIST AND DISTRIBUTION

PART 1 GENERAL

1.01 SECTION INCLUDES A. This Section lists the documents comprising the Contract and how the Contract will be distributed

to the Contractor.

1.02 COPIES OF CONTRACT A. The Owner will issue to the Contractor, without charge, the following number of Contract sets:

1. Full-size Drawings (22-inch x 34-inch) 1 Set

2. Reduced Drawings (11-inch x 17-inch) 1 Set

3. Project Manual 1 Set B. Documents are available online at the City’s official electronic Bid (eBid) solicitation website. A

link to the current electronic Bid solicitation website can be found at http://www.seattle.gov/city-purchasing-and-contracting/construction-contracting. Contractor may view, print and save to their own equipment at no cost, or order full or partial document sets and/or CDs through the website.

1.03 CONTRACT DOCUMENTS LIST A. Project Manual

1. Volume 1 (Division 00 through Division 33)

2. Volume 2 (Appendices)

Appendix A – Available Project Information

Appendix B – Consent Decree

Appendix C – Applicable Permits and Other Governmental Approvals

B. List of Drawings

Sheet No(s) Drawing No(s) Description

1 CV1 COVER

2 NT1 GENERAL NOTES / LEGEND

3-5 SC01, SC02, SC03 SURVEY CONTROL PLAN

6-9 C01-C04 PERGOLA UTILITY PLAN

10 A1 TEMPORARY SITE PLAN

11 A2 TRANSPORTATION PLAN

12 A3 SITE PLAN

13 A4 DECKING PLAN

14 A5 FLOOR PLAN

15 A6 ROOF PLAN

PW# 2016-107 WASHINGTON STREET PERGOLA RESTORATION SECTION 00 01 25 CONTRACT DOCUMENTS LIST AND DISTRIBUTION

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Sheet No(s) Drawing No(s) Description

16 A7 SECTION

17-19 A8-A10 EXTERIOR ELEVATIONS

20-21 A11-A12 ENLARGED EXTERIOR / INTERIOR ELEVATIONS

22 A13 ELECTRICAL PLAN

23 A14 NOT USED

24-28 A15-A19 DETAILS

29 IL1 GROUND LEVEL LIGHTING PLAN

30 IL2 UPPER LEVEL LIGHTING PLAN

31 S1.0 GENERAL NOTES

32 S1.1 FLOOR PLAN

33 S1.2 ROOF PLAN

34-38 S2.1-S2.5 DETAILS

PART 2 PRODUCTS – NOT USED

PART 3 EXECUTION – NOT USED

END OF SECTION


ADVERTISEMENT FOR BIDS

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ADVERTISEMENT FOR BIDS

CITY OF SEATTLE


Bid Opening: June 7, 2017 at 2:00 PM PW# 2016-107

PROJECT LOCATION: 199 Alaskan Way S, Seattle, WA – Washington Street Public Boat Landing (permanent location of Pergola) and 3441 E Marginal Way S – Pier 25 (temporary storage location of Pergola). PROJECT DESCRIPTION: Restore, move and reinstall the historic Washington Street Boat Landing Pergola to its original location. The Pergola is listed on the National Register of Historic Places and all work (including final means and methods) for the Pergola restoration and relocation shall be in compliance with the Secretary of the Interior Guidelines and with the Certificate of Approval (COA) issued by the Pioneer Square Preservation Board (PSPB). The historical restoration work includes inside and outside finish carpentry; casting and replacement of missing structural/steel ornamentation; restoration of steel structure to meet seismic standards; restoration and installation of office panels (wood) and windows; and restoration of the post bases of the columns that were cut to remove the Pergola from the platform. The work also includes moving the structure from Pier 25 to the waterfront, restoration of the Pier 25 site, and coordination with adjacent projects and property owners. A/E ESTIMATE: $1.8 to $2 MILLION PRE-BID SITE INSPECTION/MEETING: There is a MANDATORY pre-bid inspection for this project. All those that wish to bid on the project will need to attend one of the following. The first pre-bid site inspection is scheduled for Tuesday, May 23, 2017, at 10:30 a.m., the second pre-bid site inspection is scheduled for Wednesday, May 24, 2017, at 10:30 a.m. Please meet at Pier 25, 3441 E Marginal Way S, Seattle. INCLUSION PLAN: For purposes of the Inclusion Plan, this is considered a Structural type of project with a Past Performance of 4% WMBE utilization rates based on completed projects. For questions on the Inclusion Plan please contact Miguel Beltran at [email protected] or 206-684-4525. The back-up contact is Carmen Kucinski at [email protected] or 206-684-0188. PAID SICK AND SAFE TIME: Bidders must understand the requirements of SMC 14.16 and demonstrate compliance prior to award. DEADLINE FOR QUESTIONS: All questions must be submitted in writing to the Project Manager [email protected] before 5:00 p.m. on the Wednesday before Bid Opening. BID DOCUMENTS: Contract Documents, contacts and Bid Instructions are available at http://www.ebidexchange.com/seattle.


PROJECT SPECIFIC EXPERIENCE REQUIREMENTS

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PART 1 GENERAL

1.01 SECTION INCLUDES A. In addition to the requirements of Section 00 21 13 – Instructions to Bidders, this

Section identifies Project Specific Experience Requirements that the Bidder shall meet prior to Award of the Contract. To be considered a responsible Bidder, the Bidder shall provide satisfactory documentation that the Bidder meets the specific experience requirements listed below for the Work to be performed.

1.02 BIDDER’S WORK EXPERIENCE AND PERSONNEL A. It is the intent of the Owner to Award a Contract to the responsible Bidder submitting the

lowest responsive Bid. The Bidder who submits the lowest responsive Bid must meet the following Supplemental Bidder Responsibility Criteria and provide associated documentation to be considered responsible. In addition to the Form in Section 00 45 13 - Supplemental Bidder Responsibility Criteria Form, this Bidder shall submit evidence to CPCS that it meets the following responsibility criteria within three (3) Business Days of a request or as otherwise acceptable to CPCS.

B. The following Supplemental Bidder Responsibility Criteria require the Bidder to demonstrate relevant experience of the Contractor (i.e., the Bidder’s firm), any specialty Subcontractors, and the Key Personnel identified below.

C. The Bidder, specialty Subcontractor, and the Key Personnel shall have completed projects of similar size and scope as required by the Contract Documents for this Project.

D. Bidder shall provide evidence of its project team’s experience as follows:

1. Completion of Similar Projects, Bidder: The Bidder shall submit a list of up to five (5) projects from its work history using Attachment A of the SBRC Form (and that of its specialty Subcontractors using Attachment B of the SBRC Form, if applicable) of similar size and scope to this Project. Projects shall have been completed in the last five (5) years from the Bid Opening Date of this Project. For the purposes of meeting this criterion, the Owner has determined “similar size and scope to this project” means a project that has the following characteristics:

a. Projects involving historic restoration performed in accordance with the

US Department of Interior for historic structures, and the Washington State Office of Archeology and Historic Preservation.

b. Projects involving work at the water’s edge where a portion of the work is carried out over water.

c. Projects involving two distinct and separated work sites. d. Projects involving close integration and sequencing of work activities with

other adjacent active projects. e. Projects involving communication and coordination with external

stakeholders, including surrounding jurisdictions, users of the transportation system, and other major institutions.

f. Projects involving moving large historic structures.

2. Bidder may submit multiple projects each demonstrating individual characteristics so long as the sum of the projects demonstrates all of the characteristics listed.



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The project(s) identified must contain scope for that characteristic similar to or larger than the scale of the work required in these Bid Documents.

3. The Bidder shall provide documentation for example projects, including the

following:

a. Owner’s name and contact information for the owner’s representative; b. Awarded contract amount; c. Final contract amount; d. Notice to Proceed date; e. Final Completion date; f. A description of the scope of the project and how the project is similar to

the project identified in these project documents including, but not limited to, the elements identified in Paragraph 1.02.D.1 above herein.

E. Bidder shall provide evidence of Key Personnel’s experience as follows:

1. Completion of Similar Projects, Key Personnel: Bidder shall submit a list of up to three (3) projects from the work history of each of the Key Personnel listed below that demonstrates a minimum of five (5) years of experience in their respective role on similar projects. For the purposes of meeting this criterion, the Owner has determined that “similar size and scope to this project” means a project that has at least three (3) of the characteristics described in Paragraph 1.02.D.1 above.

Work history and resumes (updated within the last year) for the following Key Personnel shall be provided:

a. Project Manager b. Superintendent

One individual may hold multiple roles on the Project. The Owner may entertain experienced individuals in multiple roles, however, the City reserves the right to request a single person for a specific key role(s), at no additional cost, if the role is not fulfilled adequately for the Project as determined by the City.

2. Bidder may submit multiple projects for each Key Personnel with each project

demonstrating individual characteristics so long as the sum of the projects for each Key Personnel demonstrates at least three (3) of the characteristics listed. The project(s) identified must contain scope for that characteristic similar to or larger than the scale of the work required in these Bid Documents.

3. The Bidder shall provide information about example projects, including the

following:

a. Owner’s name and contact information for the owner’s representative; b. Awarded contract amount; c. Final contract amount; d. Notice to Proceed date; e. Final Completion date; f. A description of the scope of the project and how the project is similar to

the project identified in these project documents including, but not limited to, the elements identified in Paragraph 1.02.D.1 above.



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g. A description of the Key Personnel’s role on the project, how it is similar to their role on this Project, and how that past experience will enable the Key Personnel to successfully complete this Project.

h. Duration of the Key Personnel’s participation on the project.

Bidders may reference projects described in Paragraph 1.02.D above for items a through d instead of duplicating that information.

F. Supplemental Information:

The Bidder may provide supplemental information the Bidder believes demonstrates the experience necessary to satisfy the City’s Supplemental Bidder Responsibility Criteria. The Owner may consider this supplemental information in evaluating the Bidder.



END OF SECTION


INSTRUCTIONS TO BIDDERS

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PART 1 GENERAL

1.01 BID PROCEDURES A. This section provides instructions to Bidders for preparing and submitting Bids for public

works projects in accordance with relevant State statutes and the City of Seattle’s established process and procedures. The City’s process for evaluating Bids, determining the lowest responsive Bid from a responsible Bidder, evaluating Supplemental Bidder Responsibility Criteria documentation from the Apparent Low Bidder, and executing a contract is also described.

B. This Contract will be administered by the Director of the Seattle Department of Transportation, subject to the approval and acceptance of the Director of Finance and Administrative Services. ALL QUESTIONS REGARDING THIS PROJECT SHOULD BE DIRECTED TO THE FOLLOWING:

Before Bid Opening: Eric Strauch

Seattle Department of Transportation E-mail: [email protected] Phone: (206) 233-7208

After Bid Opening and Before Execution:

Judy Keefe City Purchasing and Contracting Services E-mail: [email protected] Phone: (206) 684-8032

After Execution: Jesse Lopez

Seattle Department of Transportation Construction Management E-mail: [email protected] Phone (206) 386-4612

Inclusion Plan: All questions on the Inclusion Plan shall be directed to Miguel Beltran at [email protected] or 206-684-4525. Back-up contact is Carmen Kucinski at [email protected] or 206-684-0188.

1.02 BID DOCUMENTS AND PROJECT SITE A. Examination of Bid Documents

1. Bid Documents may be obtained by downloading from the City’s official electronic Bid (eBid) solicitation website. A link to the current electronic Bid solicitation website can be found at http://www.seattle.gov/city-purchasing-and-contracting/construction-contracting. Potential Bidders must complete a free registration prior to viewing, printing and saving to their own equipment at no cost, or ordering full or partial document sets and/or CDs through the website.

2. The Bidder shall carefully examine the Bid Documents. Submittal of a Bid shall be conclusive evidence that the Bidder has made these examinations and understands all requirements of the Bid process and for the performance of the Work. The Bidder further warrants, agrees and acknowledges by submitting a Bid, that:



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a. The Bidder has taken all steps necessary to ascertain the full scope, nature, and location of the Work.

b. The Bidder has investigated and is satisfied as to the general and local conditions which can affect the Work and its cost, including but not limited to: i. Conditions bearing upon acquisition, transportation, disposal,

handling, and storage of materials, ii. The availability of labor, materials, water, electric power, and

roads, iii. Uncertainties of weather, river stages, tides, or similar physical

conditions at the Project Site, iv. The conformation and condition of the ground, v. The character of equipment and facilities needed preliminary to

and during Work performance, and vi. Site and environmental conditions which by statute, law, or

regulation require specific training and certifications for employees.

c. The Bidder is satisfied as to the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered as far as this information is reasonably ascertainable from an inspection of the Project Site (including Materials sites) as well as from the Bid Documents (including Drawings and Specifications) and other information made a part of this Contract or provided by the Owner.

d. The Bidder is satisfied as to the adequacy of the amount of time allowed for Substantial Completion and Final Completion of the Contract.

e. The Bidder is responsible for properly estimating the difficulty and cost of successfully performing the Work.

f. The Bidder is familiar with and shall comply with all federal, state, and local laws, ordinances, and regulations that might affect the Work or those engaged in the Work. The Bidder is not relieved of this obligation because of the Bidder’s misunderstanding or ignorance of such requirements. See Paragraph 1.02.C below for highlights of some of these obligations.

g. The Bidder’s Bid shall reflect the Bidder’s anticipated cost of completing the Work, including but not limited to, Materials, labor, equipment, insurance, and bonding.

3. The Bidder has a duty to inquire with respect to a defect or ambiguity in the Contract. Prospective Bidders desiring an explanation or interpretation of the Bid Documents shall request the explanation or interpretation in writing no later than 5:00 p.m. three (3) Business Days prior to Bid opening. Inquiries made after 5:00 p.m. three (3) Business Days prior to Bid opening will not relieve the Bidder from the requirements of this Section.

4. A claim will not be allowed because of any defect or ambiguity in the Contract if prior to Bid opening:

a. The Bidder discovers a defect or ambiguity, but fails to notify the Owner and ask for a clarification, or



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b. The Bidder fails to discover any defect or ambiguity that would be discovered by a reasonably prudent Contractor in preparing its Bid.

5. If a pre-bid site inspection is scheduled for this Project, that information is included in Section 00 11 13 – Advertisement for Bids.

B. Subsurface Information

1. If the Owner has made a subsurface investigation of the Project Site, the boring log data, soil sample test data, and geotechnical reports accumulated by the Owner will be made available for inspection by the Bidders. The boring logs shall be considered as part of the Contract. However, the Owner makes no representation, guaranty or warranty, expressed or implied, that:

a. The Bidder’s interpretation from the boring logs or geotechnical reports is correct;

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

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

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

2. In addition to the above data, the City’s Department of Construction and Inspections (DCI) has geotechnical reports for private property located in an Environmentally Critical Area-Geographically Hazardous zone if the private property has been under DCI permit review. This data is available for the Contractor’s review at the following location:

DCI Soils Reports 700 Fifth Avenue 22nd Floor Seattle, Washington 98104 206-684-8860

3. The availability of subsurface information from the Owner shall not relieve the Bidder or the Contractor of any duty to make examinations and investigations as required by Paragraph 1.02.A and any other responsibility under the Contract, or as may be required by law.

4. If logs of soil borings are available for this project, they will be included in Section 00 31 00 – Available Project Information.

5. If a geotechnical report is available for this project, the report will be available with the Bidding Documents online. A link to the current electronic Bid solicitation website can be found at http://www.seattle.gov/city-purchasing-and-contracting/construction-contracting.



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C. Additional Contractor Obligations for Bidder to Understand

1. Apprentice Utilization

a. Pursuant to RCW 39.04.320 and in accordance with SMC 20.38, the Contractor must comply with a requirement of 15 percent Apprenticeship participation for all projects estimated to cost $1,000,000 or more.

b. Refer to Section 00 73 36 - Social Equity in Contracting for further description of requirements including monthly reporting requirements.

c. Prior to Execution (see Part 1.09.B), the Contractor shall submit to the CPCS representative a comprehensive plan outlining how the apprentice utilization requirements will be met on the total contract labor hours.

2. Paid Sick and Safe Time (PSST)

a. Contractors must understand and, if applicable, comply with the requirements of Seattle’s Paid Sick and Safe Time (PSST) Ordinance (SMC 14.16). More information is available from the Office of Labor Standards at: http://www.seattle.gov/laborstandards/ordinances/paid-sick-and-safe-time.

3. Prevailing Wages Requirement

a. The Work is subject to the wage requirements of RCW 39.12 (Prevailing Wages on Public Works), RCW 49.28 (Hours of Labor), and to RCW 49.46 (Minimum Wage Act) as amended and supplemented.

b. Refer to Section 00 73 43 - Prevailing Wage Rate Requirements for further description of requirements.

4. Violations: Any violation of the mandatory requirements of the provisions of this Contract, or a violation of SMC Ch. 14.04, SMC Ch. 14.10, SMC Ch. 20.42, SMC Ch. 20.45 or other local, state or federal non-discrimination laws, shall be a material breach of the Contract for which the Contractor may be subject to damages and sanctions, including but not limited to payment of full compensation to employees entitled to receive equal benefits during the term of the Contract who did not receive such benefits, imposition of a civil fine or forfeiture under the Seattle Criminal Code as well as various civil remedies, suspension or termination of the Contract and/or the withholding of any funds due or to become due, or debarment in accordance with SMC Ch. 20.70.

1.03 COMPONENTS OF BID A. Bid Form

1. Bid shall be submitted only on the Bid Form issued by the Owner. Bids shall be completed by typing or shall be printed legibly in ink by hand.

2. Bidder shall fill in all blank spaces on the Bid Form.

3. The Bid Form may require Bidders to submit individual prices for one or more items, including:

a. Base Bid;

b. Trench Safety System;

c. Alternate, Additive, and/or Deductive; or

d. Unit Prices.



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4. In compliance with RCW 39.04.180, the cost of trench safety systems for trench excavation greater than 4 feet in depth must be identified separately on the Bid Form. Identification of this amount is an acknowledgment that the Bidder has considered proper safety provisions in the estimate but does not relieve the Bidder of responsibility for full compliance with all laws and statutes regardless of their actual cost. If this project will involve trench excavation greater than 4 feet in depth, Bidder must identify a dollar amount. Bidder may enter “$0.00”, but a response of "N/A" will be considered non-responsive.

5. The Bidder shall bid on all Alternates, Additives, and Deductives on the Bid Form.

6. Any correction or changes to a Bid must be initialed, and are considered valid changes that are bound by the signature on the Bid Form.

7. The Bidder shall make no stipulation on the Bid Form nor qualify the Bid in any manner.

8. A person authorized to legally bind the Bidder shall sign (in ink) the Declaration Page in the Bid Form.

9. The prices shown for each item (e.g., Base Bid, Trench Safety, Alternate/Additive/Deductive) on the Bid Form shall include all labor, material, equipment, overhead and compensation to complete all of the Work for that item.

10. The Bidder agrees to hold the Bid prices for at least sixty (60) days from date of Bid opening. Bids may be extended by mutual agreement.

11. The individual price(s) (see Paragraph 1.03.A.3 above) provided on the Bid Form shall not include Washington State Sales Tax (WSST). All other taxes imposed by law shall be included in the individual price(s).

a. The retail sales tax upon sales and rentals to prime contractors and subcontractors of tools, equipment, and material primarily for use by the Contractor rather than for resale as a component part of the finished structure, shall be included in the individual price(s).

B. Inclusion Plan

1. Bidder shall comply with SMC 20.42 and RCW 35.22.650 pertaining to women and minority employment and subcontracting and agree to take Affirmative Efforts to assure equality of employment and subcontracting opportunities within the scope of work for the contract. For all public works projects having an Engineer’s Estimate of $300,000 or more, all Bidders shall complete and submit the Inclusion Plan, Section 00 41 13.13, Attachment A, with the Bid. Failure to submit an Inclusion Plan that receives the minimum amount of points will result in a determination that the Bid is non-responsive and the Bid will be rejected. The Bidder’s completed Inclusion Plan will be awarded points based on how well the Inclusion Plan demonstrates the Bidder’s commitment to make Affirmative Efforts to establish and meet reasonably achievable goals for WMBE utilization.

2. For purposes of the Inclusion Plan, this is considered a STRUCTURAL type of project with a Past Performance of 4% WMBE utilization rates based on completed projects.

3. SMC 20.42 requires contractors to furnish evidence of compliance with this chapter as part of any Bid and to submit any additional records necessary to document: 1) Affirmative Efforts to employ women and minority group members; 2) Affirmative Efforts to subcontract with WMBEs on City contracts; and 3) the Contractor's non-discrimination in the provision of goods and services. Refer to



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Section 00 73 36 - Social Equity in Contracting for further description of requirements including monthly reporting requirements.

C. Bidder/Subcontractor List

1. In compliance with RCW 39.30.060 for all projects estimated to cost $1,000,000 or more, all Bidders shall complete and submit the Bidder/Subcontractor List, Section 00 41 13.16, Attachment B. The completed Bidder/Subcontractor list shall identify: 1) the Subcontractors that the Bidder will directly contract with for the performance of any HVAC, plumbing, and electrical work, and/or 2) indicate that the Bidder intends to self-perform the work, if awarded the Contract, and/or 3) indicate that the category of work is not applicable. The Bidder may list no more than one Subcontractor for each category of work, unless Subcontractors vary with Bid Alternates, Additives, or Deductives, in which case the Bidder shall indicate on a separate Bidder/Subcontractor List which Subcontractor will be used for which Alternate, Additive, or Deductive. In other words, Bidder may contract with more than one Subcontractor in each trade, but may not list more than one Subcontractor for each category of work. If the HVAC, plumbing, or electrical specialty is left blank (either the name of a Subcontractor is blank or a checkbox is not checked), the City will accept the blank as “self-performance.” The Bidder shall be bound to self-performance of that specialty for the duration of the Project.

2. The Bidder/Subcontractor List may be submitted with the Bid, or separately within one hour of the time and date for Bid submittal. Failure to complete and submit the Bidder/Subcontractor List by the required time will result in the Bid being declared non-responsive and rejected. The Bidder/Subcontractor List may be submitted at the physical address listed in Paragraph 1.06.A.1, or by e-mailing a signed PDF version of the form to [email protected]. Clearly mark the PW# and Project Name and Bidder’s name to ensure the form is routed correctly. The Bidder is responsible for the timely delivery of the Bidder/Subcontractor List. No changes shall be allowed to any Bidder/Subcontractor List that has been submitted following the Bid submittal time; if awarded the Contract, the Bidder agrees to utilize the Subcontractors identified on the Bidder/Subcontractor List unless the City agrees to a substitution.

D. Bid Guaranty

1. The Bid Guaranty shall be for a sum equal to five percent of the maximum amount that could be awarded based on the Bidder’s Bid, including Base Bid, Alternates, Additives, and Deductives, if applicable. A Bid will not be accepted or considered unless accompanied by a Bid Guaranty.

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

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

b. A Bid Bond on the form issued by the Surety accompanied by Power of Attorney.

3. Bid Bonds shall be:

a. Issued by a surety company that is authorized to do business in the State of Washington and appears on the current list of authorized insurance companies published by the Office of the Washington State Insurance Commissioner.

b. Original documents and contain the following:



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i. Project name / Public Works number / Ordinance number;

ii. The City of Seattle named as obligee;

iii. The amount of the Bid Bond stated as five percent of the maximum amount that could be awarded;

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

v. The signature of the Surety’s officer empowered to sign the Bid Bond and the Power of Attorney.

E. Noncollusion Requirement

1. The Bidder, by signing the Bid Form, declares that the Bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free, competitive bidding in the preparation and submission of its Bid to the Owner. The Bidder(s) and other potential Bidders or participants in collusion may be declared not responsible under Paragraph 1.08.F and may be debarred pursuant to SMC Chapter 20.70.

1.04 ADDENDA A. If the Owner determines modifications or clarifications to the Bid Documents are required,

an Addendum will be issued. Similarly, any information given to a prospective Bidder concerning a solicitation will be furnished promptly to all other prospective Bidders by Addendum, if that information is necessary in submitting Bids or if the lack of it would be prejudicial to other prospective Bidders.

B. Oral explanations, interpretations, or instructions will not be binding on the Owner. Only modifications or clarifications issued by a written Addendum are binding.

C. Notifications of Addenda and other project information will only be sent to “official” plan holders who downloaded or ordered documents through the City’s official electronic Bid solicitation website (including plan centers that obtained documents through the website). A link to the current electronic Bid solicitation website can be found at http://www.seattle.gov/city-purchasing-and-contracting/construction-contracting. All Bidders are encouraged to check the electronic Bid solicitation website for Addenda at least twenty-four hours prior to Bid Opening.

D. The Bidder shall acknowledge receipt of each Addendum by filling in the appropriate spaces on the Bid Form Declaration.

1.05 RESPONSIVE BIDS AND RESPONSIBLE BIDDERS A. The City will only execute a contract with a responsible Bidder who has submitted a

responsive Bid. Bidders are encouraged to review the City’s responsiveness and responsibility criteria prior to submitting a Bid.

B. A Bid is responsive if the Bid meets all requirements of the Bidding Documents. The conditions under which the City may declare a Bid non-responsive are defined in Paragraph 1.08.E.

C. The City of Seattle is required to award a Contract to the lowest Bidder. However, RCW 39.04.350 also requires the City to validate that the lowest Bidder with a responsive Bid meets certain mandatory bidder responsibility criteria before Award. Per State law, the City may also establish relevant supplemental bidder responsibility criteria for a project. A Bidder is responsible if they demonstrate that they meet the mandatory requirements and is capable of performing the Work.



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1. For a Bidder to be considered responsible, the Bidder shall first meet all of the mandatory requirements in Paragraph 1.08.D.3. The responsible Bidder with the lowest Bid is then declared the Apparent Low Bidder (see Paragraph 1.08.D.4). The Apparent Low Bidder shall provide the Supplemental Bidder Responsibility Criteria Form (SBRC Form (see Section 00 45 13) and any documentation necessary for the Owner to establish that the Bidder meets the Supplemental Bidder Responsibility Criteria requirements in Paragraphs 1.08.D.5 and 6 and Section 00 11 53 – Project Specific Experience Requirements. The documentation must demonstrate that the Bidder is experienced in performing the work based on the firm’s completion of past work and the firm’s compliance with legal and contractual requirements. The Owner reserves the right to request additional information and take whatever action it deems necessary to be assured the Bidder will perform the Work in compliance with the Contract.

2. The conditions under which the City may declare a Bidder not responsible are defined in Paragraph 1.08.F.

3. The Bidder may request that the Supplemental Bidder Responsibility Criteria be modified. Such request shall be submitted to CPCS via the SBRC Form submittal methods listed on the SBRC Form no later than 5:00 PM, five (5) Business Days prior to the Bid Opening Date. The request shall be marked, “Request to Modify Supplemental Bidder Responsibility Criteria – PW#______.” If the City determines a modification is necessary, an Addendum to the Bidding Documents will be issued to identify the new criteria.

1.06 BID SUBMITTAL A. General

1. The sealed Bid shall be received by CPCS by the time, date, and location specified in the Advertisement for Bids or as modified by Addenda. The Bid Form, together with the Bid Guaranty and any other documentation required (see Paragraph 1.03), shall be enclosed in a sealed envelope marked with the Public Works number (PW#), project name and the Bidder’s name, and be addressed to CPCS.

a. Physical Address:

City Purchasing and Contracting Services Department of Finance and Administrative Services Seattle Municipal Tower 700 Fifth Avenue, Suite 4112 Seattle, Washington 98104-5042

2. If sending by courier (UPS, FedEx, etc.) the physical street address shall be used. If the Bid is sent via courier, enclose the Bid inside a separate sealed envelope and note “Bid Enclosed” and the Public Works number and Name of the Project on the front of the envelope.

3. If mailing by regular US mail, the Post Office Box shall be used. Bidders are responsible for ensuring that the proper Zip Code is used.

a. Mailing Address:

City Purchasing and Contracting Services Department of Finance and Administrative Services City of Seattle P.O. Box 94687 Seattle, Washington 98124-4687



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4. CPCS designates the official bid clock. The Bidder is responsible for the timely submittal or delivery of the Bid at the location designated in the Advertisement for Bids. Mailed Bids must be received by CPCS by the time, date, and at the location specified. A Bid submitted, delivered, or received after the time fixed for receipt of Bids will not be accepted, unless determined by the Owner that the lateness was outside of the Bidder’s control and there is no bidding advantage to accepting a late Bid.

B. Change of Bid Submittal Date

1. The Owner reserves the right to change the date and time for Bid submittal. Notification of the change will be by Addendum.

C. Modification or Withdrawal of Bid

1. After submitting a Bid to the Owner, the Bidder may withdraw its Bid if the Owner receives the request to withdraw the Bid prior to the time Bids must be submitted. After submitting a Bid to the Owner, the Bidder may revise its Bid if the Owner receives the request to revise the Bid prior to the time Bids must be submitted and the revised Bid shall be submitted in a properly marked and sealed envelope prior to the time Bids must be submitted. Faxed and e-mailed revisions will not be accepted.

2. A Bid may not be modified, withdrawn, or canceled by the Bidder after the time for Bid submittal. If a Bidder claims error per Paragraph 1.07.C and it is accepted by the Owner, then the Bidder’s Bid may be withdrawn.

1.07 PUBLIC OPENING OF BIDS AND POSTING OF BID RESULTS A. Bids will be opened and read immediately after 2:00 p.m. on the date indicated in the

Advertisement for Bids or in an Addendum in the Seattle Municipal Tower, 700 Fifth Avenue, Suite 4112, Seattle, Washington 98104.

B. After the Bid opening, Bidders may obtain Bid results by accessing the City’s electronic bid solicitation Web site. A link to the current electronic bid solicitation Web site can be found at http://www.seattle.gov/contracting/bidding.htm. The Owner will endeavor to post Bid results by 5:00 p.m. the Business Day following Bid opening.

C. Claim of Error

1. A Bidder who wishes to claim error after the Bids have been opened shall submit a signed statement, accompanied by copies of the original work sheets used in the preparation of the Bid, requesting relief from the responsibilities of Award. The statement shall describe the specific error(s) and certify that the work sheets are the originals used in the preparation of the Bid.

2. The statement and the work sheets shall be submitted in person, by courier, or by e-mail to:



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Director City Purchasing and Contracting Services Department of Finance and Administrative Services

Physical address: 700 Fifth Avenue, Suite 4112 Seattle Municipal Tower Seattle, WA 98104-5042 Mailing address: P.O. Box 94687 Seattle, WA 98124-4687 Telephone: (206) 684-0444 E-mail: [email protected]

3. The statement and the work sheets shall be submitted by 5:00 p.m. on the Business Day after Bid opening or the claim will not be considered. The Owner reserves the right to extend this deadline at its discretion.

4. The Owner will review the work sheets to determine the validity of the claimed error. If the Owner concurs with the claim of error, the Bidder will be relieved of responsibility of Award, the Bid will be withdrawn from the Bid pool and the Bid Guaranty of the Bidder will be returned. Thereafter, at the discretion of the Owner, all Bids may be rejected or Award made to the next lowest responsible Bidder who submitted a responsive Bid. Per RCW 39.04.107, a low Bidder on a public works project who claims error and fails to enter into a contract is prohibited from bidding on the same project if the project is re-bid.

1.08 BID EVALUATION AND RESULTS A. Bid Tabulation

1. The Owner has an obligation to understand the full price of a Bid in comparison to the Engineer’s Estimate. After Bid opening, subtotals and amounts shown on the Bid Form will be checked. A discrepancy between the Owner’s summation of prices and the subtotals or total Bid amount shown on the Bid Form shall be resolved by accepting the individual amounts or prices as correct. The Owner reserves the right to request pricing or amount breakdowns, in order to understand how a Bid amount compares to the Engineer’s Estimate.

2. The lowest Bid (without sales tax) will be determined by the Owner based on any sum of the Base Bid plus any Alternates, Additives, and/or Deductives (as adjusted per Paragraph 1.08.C below if applicable) that the Owner decides to include in the Contract. Alternates, Additives, and/or Deductives may be selected in any order that, in the Owner’s sole discretion, is in Owner's best interest considering price, schedule, and other factors. The numbering of the Alternatives, Additives, and/or Deductives in the Bid Form bears no relationship to the order in which they may be selected by the Owner.

3. In the event that two or more responsive Bids are exactly equal, in order to establish the Apparent Low Bidder, the tie breaker will be a random draw of a Bidder’s name by the Owner.

4. If any writing or entry on the Bid Form is illegible or otherwise confusing as to intent, the Owner may reject the Bid as non-responsive in accordance with Paragraph 1.08.E.2.e.



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B. Unbalanced Bids

1. If Bids are substantially higher or lower than the Engineer’s Estimate the Owner will endeavor to ascertain the disparity by comparing the Bid Tabulation with the Engineer’s Estimate. If the Bids received are substantially unbalanced, disparate between themselves, the Owner will endeavor to ascertain the disparities. Understanding the cost of the project is the Owner’s responsibility. If the Owner is unable to confirm the true price of the Work, and/or the price of construction, the Owner may reject a Bid(s), as non-responsive. The Owner reserves the right to request additional information in order to confirm Bid pricing.

C. Reciprocal Preference for Resident Contractors

1. A nonresident Contractor is a Contractor who does not have a physical office located in Washington at the time of bidding and is from a state that provides a percentage bid preference to its resident contractors bidding on public works contracts per RCW 39.04.380. The state of residence for a nonresident contractor is the state in which the contractor was incorporated or, if not a corporation, the state where the contractor’s business entity was formed.

2. For a public works Bid received from a nonresident contractor from a state that provides an in-state percentage bidding preference, a Comparable Percentage Disadvantage (CPD) will be applied to the bid of that nonresident contractor. The CPD is the in-state contractor percentage advantage provided by the contractor’s home state.

http://www.des.wa.gov/services/facilities/Construction/ForAgencies/Pages/EASPublicAgencies.aspx

3. For the purpose of determining the lowest bid, multiply the nonresident contractor’s Bid amount by the CPD. The bid amount shall be the total of the Base Bid and all selected Alternates, Additives, or Deductives to be awarded. The CPD shall be added to the nonresident contractor’s bid amount which equates to the nonresident disadvantaged total. The nonresident disadvantage total shall be compared to all resident contractors’ bid amounts to determine the lowest bid. See example below:

Alaska nonresident contractor bid amount $100,000

Multiplied by the Alaska CPD (5%) x 0.05 $5,000

New nonresident disadvantaged total $105,000

Notes:

a) If the $105,000 makes the Alaska Bidder’s Bid higher than a Washington resident contractor’s Bid (if the resident contractor’s Bid was $103,000), then the Washington resident contractor would be the Apparent Low Bidder and the Contract awarded for the $103,000.

b) If the $105,000 Bid is still lower than the other Bids, the Alaska Bidder would be the Apparent Low Bidder. The Contract would be awarded for the amount of the original Bid amount of $100,000. The CPD is only used for the determination of the Apparent Low Bidder.



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D. Evaluation of Bid Responsiveness and Bidder Responsibility

1. The Owner will evaluate all Bids to determine the Apparent Low Bidder, which is the Bidder with the lowest responsive Bid who also meets the mandatory responsibility criteria (See Paragraph 1.08.D.3). It is within the sole discretion of the Owner to determine the responsiveness of the Bid and the responsibility of the Bidder.

2. The conditions under which the City determines a Bid non-responsive are defined in Paragraph 1.08.E.

3. In order to determine responsibility of the Bidder with the lowest Bid, the Owner will verify that the Bidder meets the mandatory responsible bidder criteria requirements in RCW 39.04.350(1) as amended and as summarized below. The Bidder shall:

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

b. At the time of Bid submittal, have a current State Unified Business Identifier (UBI) number;

c. If required by the business type, have industrial insurance coverage for the Bidders’ employees working in Washington as required in Title 51 RCW; an Employment Security Department (ESD) number as required in Title 50 RCW; and a state excise tax registration number as required in Title 82 RCW. If the Bidder has no employees, the Bidder shall follow the alternative election process and provide documentation under Title 50 and Title 51; and

d. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 and not have an “active exclusion” on the US Government’s System of Award Management database (http://www.sam.gov//).

e. NOTE: Additionally, the Bidder shall verify responsibility criteria for each first tier Subcontractor, and a Subcontractor of any tier that hires other Subcontractors shall verify responsibility criteria for each of its Subcontractors prior to subcontract execution. Verification shall include that each Subcontractor, at the time of subcontract execution, meets the responsibility criteria listed in items a through d above. This verification of responsibility criteria shall be included in every public works Contract and subcontract of every tier.

4. Declaration of Apparent Low Bidder

a. Based on Bid tabulations and Owner reviews to confirm responsiveness of Bids and mandatory responsibility of the Bidder with the lowest Bid, CPCS will determine the Apparent Low Bidder. The Apparent Low Bidder is the Bidder offering the lowest responsive Bid (without sales tax) and meeting the mandatory bidder responsibility criteria and. Once the Owner has determined the Apparent Low Bidder, all Bidders will be notified through the City’s official electronic Bid (eBid) solicitation website. A link to the current electronic Bid solicitation website can be found at http://www.seattle.gov/city-purchasing-and-contracting/construction-contracting.

5. The Apparent Low Bidder is then required to meet the following supplemental responsibility criteria:



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a. Demonstrate past compliance with social equity contract requirements on past projects or evidence to responsibly perform, including, but not limited to, compliance with the Inclusion Plan, Social Equity Plan or Community Workforce Agreement (CWA).

b. Seattle Business License: The Bidder shall have a current Seattle Business License and shall be current on all Business and Occupancy Taxes pursuant to SMC 5.55.030 A, before Award when: 1) the Work is in the City of Seattle; 2) the Bidder conducts business in the City of Seattle; or 3) the Contractor owes Taxes to the City of Seattle.

c. The Bidder shall be registered on the City’s Online Business Directory (OBD) website before Contract Award, if not currently registered (this is a one-time registration process): www.seattle.gov/OBD

d. Federal or State Funding Requirements: The Bidder shall comply with any additional requirements as a condition of state or federal funding, loans, or grants for the Work.

e. Supplemental Bidder Responsibility Criteria Form (SBRC Form): The Apparent Low Bidder shall submit the Supplemental Bidder Responsibility Criteria Form found in Section 00 45 13 – Supplemental Bidder Responsibility Criteria Form along with any documentation, work experience, personnel experience, and additional information required, within three (3) Business Days of receipt of request or as otherwise acceptable to the Owner. In addition, this Project Manual contains additional project specific supplemental bidder responsibility criteria in Section 00 11 53 - Project Specific Experience Requirements, and the Owner will verify that these are met by the Apparent Low Bidder as well.

f. Equal Benefits (SMC 20.45): Except as may be provided in the Equal Benefits Program Rules, the Apparent Low Bidder shall submit the Equal Benefits Declaration (included as part of the SBRC Form). The Apparent Low Bidder’s compliance with SMC Ch. 20.45 and the Equal Benefit Program Rules shall be part of the Owner's evaluation of the Bidder's responsibility. See Section 00 73 36 Social Equity in Contracting for more information and reporting requirements.

g. In addition, prior to Award, an Apparent Low Bidder may be required to furnish: 1. A complete statement as to the origin, composition, and

manufacture of any and all Materials to be used in the project, together with samples which may in turn be subjected to tests to determine their quality and fitness for the Work, as provided for in the Contract;

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

3. A bid breakdown or schedule of values; and 4. Any additional information requested by the Owner in

ascertaining the Bidder’s general ability to perform the Work and to comply with all Contract requirements.

6. Evaluation of the SBRC Form



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a. The documentation submitted by the Apparent Low Bidder with the SBRC Form shall sufficiently demonstrate, in the sole judgment of the Owner, that the Bidder meets the Supplemental Bidder Responsibility Criteria. The Bidder may provide any additional information the Bidder believes demonstrates the experience necessary to satisfy the City’s Bidder responsibility criteria. The Owner may consider this additional information in evaluating the Bidder. The Owner reserves the right to request further documentation as needed to assess Bidder responsibility. The Owner reserves the right to request the SBRC Form and any additional documentation from other Bidders.

b. If the Apparent Low Bidder fails to supply information requested concerning responsibility within the time and per the requirements specified in the Bid Documents, the Owner may request additional information or may base its determination of responsibility upon any available information related to the Supplemental Bidder Responsibility Criteria or may find the Bidder not responsible.

c. The basis for evaluation of the Bidder’s responsibility under the Supplemental Bidder Responsibility Criteria shall be the Bidder’s responses and any documents or facts obtained by the Owner whether from Bidder or third parties which any reasonable Owner would rely on for determining responsibility, including but not limited to:

i. financial, historical, or operational data;

ii. information obtained directly by the Owner from owners for whom the Bidder has worked, or other public agencies or private entities;

iii. any additional information obtained by the Owner which is believed to be relevant to the matter.

d. Work Experience

i. The Bidder shall document in Attachment A (Bidder) or Attachment B (Specialty Subcontractor) of the SBRC Form that the Bidder (or Subcontractor) and the Bidder’s (or Subcontractor’s) personnel have completed projects of a similar size and scope as defined in Section 00 11 53 – Project Specific Experience Requirements for this project; and have available capacity to take on the work of the project.

ii. It is the Bidder’s responsibility to verify that all project and experience is true and accurate with current contact information.

e. Personnel

i. By submitting work histories and experience information for the Bidder’s (or Subcontractor’s) Key Personnel as required in Section 00 11 53 – Project Specific Experience Requirements, the Bidder certifies that it shall assign such personnel to the project. In the event it becomes necessary for the Bidder to substitute personnel during the life of the Contract, the following provisions apply:

1) Prior to substituting a new Project Manager or Superintendent, the Contractor shall submit for the approval of the Owner, experience of the new personnel



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documenting that the new personnel meet the Supplemental Bidder Responsibility Criteria established for the project.

2) The Owner may suspend the project if the Contractor substitutes a Project Manager or Superintendent without the Owner’s approval. The Contractor shall be fully liable for the additional costs resulting from the suspension of work and no adjustments in Contract time resulting from the suspension of work will be allowed.

f. Compliance History, Social Equity Compliance, and Legal Criteria

i. For the Bidder to be considered responsible, the Bidder shall either have a history of compliance or shall provide an explanation acceptable to the Owner of any extenuating circumstances that contributed to the Bidder’s non-compliance and any corrective action taken or planned. A “yes’ may not automatically mean that a Bidder is considered not responsible, but the burden is on the Bidder to demonstrate that they should be considered responsible.

g. Failure to Disclose or False Information

i. Failure to disclose information requested on the SBRC Form or attachments or the submission of false or misleading information may result in the Owner taking the following actions:

1) Rejection of the Bidder’s bid under Paragraph 1.08.F;

2) Revocation of the contract award;

3) Termination of the contract under Section 00 72 13, Paragraph 1.08.M; or

4) Proceeding with debarment under Section 00 72 13, Paragraph 1.08.M.8 and SMC 20.70.

E. Bid Rejection for Non-responsiveness

1. Following Bid tabulation, Bids will be checked for responsiveness. A Bid will be considered non-responsive, and will be rejected if:

a. The authorized Bid Form is not used or is altered;

b. The completed Bid Form contains any unauthorized addition, deletion, alternate Bid, or condition;

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

d. The Bid does not include a price for every blank line item on the Bid Form;

e. The Bid Guaranty is not included with the Bid or is not valid;

f. For projects estimated to cost $1,000,000 or more, the Bidder did not comply with the Bidder/Subcontractor list requirements (See Paragraph 1.03.C of this Section and Section 00 41 13.16 – Attachment B to Bid Form, Bidder/Subcontractor List);



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g. The Bid does not constitute a definite and unqualified offer to meet the material terms of the Bid invitation; or

h. For projects estimated to cost $300,000 or more, the Inclusion Plan (see Paragraph 1.03.B) is not submitted with the Bid or the submitted Inclusion Plan does not receive the minimum score as identified in the Plan to be considered responsive.

2. Bid may be considered irregular and could be rejected if:

a. The Bid Guaranty is incomplete, insufficient, or improper;

b. A lump sum Base Bid as a whole, or any individual lump sum price, is excessively lower than other Bids to the potential detriment of the Owner;

c. Receipt of Addenda is not acknowledged;

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

e. The entries in the Bid Form are not typewritten or entered legibly in ink; or

f. The Bid is not properly executed.

3. The Owner will notify the Bidder by e-mail or by other writing if the Bid is rejected as being non-responsive. The Bidder may protest the determination within the time period specified in the Bidding Documents (See Paragraph 1.08.H regarding Protests) by presenting additional information to the Owner. The Owner will consider the additional information before issuing its final determination. If the final determination affirms that the Bidder is not responsive, the Owner will not execute a Contract with any other Bidder until two (2) Business Days after the Bidder determined to be not responsive has received the final determination.

F. Disqualification of Bidders with Responsive Bids

1. The Apparent Low Bidder will be reviewed for responsibility in accordance with Paragraph 1.08.D.

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

a. The Bidder does not meet the mandatory bidder responsibility criteria in RCW 39.04.350(1) as amended and as specified in Paragraph 1.08.D.3;

b. The Bidder appears on the US Government System of Award Management database (http://www.sam.gov/) as delinquent or not active;

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

d. If applicable, the Bidder failed to attend a mandatory pre-bid conference;

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

f. If applicable, the Bidder did not meet the project specific experience requirements in Section 00 11 53 – Project Specific Experience Requirements; or

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



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

a. The Bidder, in the opinion of the Owner, does not meet the Supplemental Bidder Responsibility Criteria, did not provide evidence of being able to become responsible, did not provide the completed and signed SBRC Form or required documentation to evaluate the Bidder’s work experience, or fails to disclose or submits false or misleading information on the SBRC Form or in the attached documentation (see Paragraphs 1.08.D.5 and 6);

b. An unsatisfactory performance record exists as shown by past or current Work for the Owner, or for others, as judged from the standpoint of the conduct of the Work, environmental or safety compliance records, workmanship, progress, Affirmative Efforts, equal employment opportunity practices; WMBE Inclusion, Priority Hire, Paid Sick and Safe Time, Prevailing Wages, or termination for cause;

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

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

e. The Bidder has an OSHA Experience Factor (See SBRC Form) greater than 1.0 for the current year;

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

g. The Apparent Low Bidder does not submit the Equal Benefits Compliance Declaration (if applicable) and/or is not in compliance with SMC Ch. 20.45 and the Equal Benefit Program Rules;

h. A Bidder, in the opinion of the Owner, is not experienced for the Work specified;

i. The Bidder is unable to obtain a current Seattle Business License and pay City taxes as required; or

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

4. The Owner will notify the Bidder by e-mail or by other writing if the Bidder is determined to be not responsible under this Section. The Owner will provide the reasons for the determination. The Bidder may protest the determination within the time period specified in the Bidding Documents (See Paragraph 1.08.H regarding Protests) by presenting additional information to the Owner. The Owner will consider the additional information before issuing its final determination. If the final determination affirms that the Bidder is not responsible, the Owner will not execute a Contract with any other Bidder until two (2) Business Days after the Bidder determined to be not responsible has received the final determination.

G. Rights of the Owner

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

a. Reject any or all Bids at the Owner’s discretion;

b. Re-advertise for Bids;

c. Waive informalities or immaterial irregularities in the bidding, responsibility, Award, and Execution processes;



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d. Accept the lowest responsive Bid of a responsible Bidder;

e. Correct arithmetical errors in a Bid;

f. Cancel the Work; and

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

H. Protests

1. Any protest of a determination or action by the Owner, including but not limited to the following items a, b and c, shall be filed in writing by 5:00 P.M. on the second Business Day after Bidder identifies a basis of protest.

a. A Notice of Intent to Award, under Paragraph 1.09.A;

b. A notice that a Bid is non-responsive under Paragraph 1.08.E; or c. A notice that a Bidder is not responsible under Paragraph 1.08.F.

2. All such protests shall be submitted in writing by hand, courier, e-mail, or mail. The protestor accepts all risks of the delivery method they choose. The Owner is not responsible to assure the protest is received by CPCS within the protest deadlines. If CPCS does not receive the protest in a timely manner, the protest may be refused. Submit the protest to:

a. Director City Purchasing and Contracting Services Department of Finance and Administrative Services

Physical Address

700 Fifth Avenue, Suite 4112 Seattle Municipal Tower Seattle, WA 98104-5042

Mailing Address

P.O. Box 94687 Seattle, WA 98124-4687

Telephone

(206) 684-0444

E-mail

[email protected] 3. To be considered, the protest shall meet the following requirements:

a. The protestor must have submitted a Bid;

b. The protest must not be on a matter which should have been known to the Bidder before the Bid deadline, including matters addressed under Paragraph 1.02;

c. The protest must allege:

i. A matter of bias, discrimination, or conflict of interest;

ii. Errors in responsiveness or responsibility; and/or

iii. Non-compliance with procedures described in the Bidding Documents.



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d. All protests shall be in writing and state that the Bidder is submitting a formal protest. A notice that a Bidder intends to protest does not reserve the right to protest. The Bidder shall file a comprehensive protest within the required deadlines, following the proper format. A casual inquiry, complaint or protest that does not comply with the form, content or deadlines herein, may not be acted upon as a protest. Failure to provide the following information may result in refusal of the protest:

i. Company name, mailing address, phone number, and name of company individual responsible for submission of the protest;

ii. Specify the Public Works Number and project name;

iii. State the specific action or decision protested;

iv. Indicate the basis and support for the protest including specific facts and all documentation to support the protest. Additional documentation or information regarding any portion of the bidding or award process will not be accepted after the protest submittal;

v. Indicate what relief or corrective action the Bidder believes the Owner should make;

vi. Demonstrate that the Bidder made every reasonable effort within the bidding process to resolve the issue, including asking questions, attending the pre-bid conference, seeking clarification, requesting addenda, and otherwise alerting the Owner to any perceived problems; and

vii. Be signed by an authorized agent of the company.

4. The Director of City Purchasing and Contracting Services will review and decide all such protests. The Director’s decision on the protest is final and exhausts all administrative remedies.

1.09 AWARD AND EXECUTION OF CONTRACT A. Notice of Intent to Award

1. After the Owner has reviewed the Bids and pre-Award documents from the Apparent Low Bidder and is satisfied that all criteria have been met, the Owner will provide the Notice of Intent to Award to this Apparent Low Bidder, who then becomes the Successful Bidder, using the e-mail address furnished by the Bidder on the Bid. The notice will also be posted to the City’s official electronic Bid solicitation website. Any Bidder who has not furnished an e-mail address to the Owner as part of its Bid, assumes responsibility for monitoring the City’s official electronic Bid solicitation website for such notice.

2. The Owner will endeavor to Award the Contract within sixty (60) days after the Bid Opening Date. If the Contract is not Awarded within that 60-day period, a Bidder may choose to withdraw their Bid in writing at any time on or after the sixty (60) days. All Bids shall otherwise continue to be eligible for consideration until the City Awards the Contract.

B. Required Documentation

1. Within ten (10) Business Days of Notice of Intent to Award, unless extended by mutual agreement or otherwise noted below, the Successful Bidder shall submit to CPCS:



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a. Acceptable Evidence of insurance (see Section 00 73 16 – Insurance Requirements),

b. Payment and Performance Bond (see Paragraph 1.09.B.3 and Section 00 61 13 – Payment and Performance Bond Form),

c. Retainage Bond if applicable,

d. Social Equity Plan, and

e. Agreement Form signed by an authorized signer based on firm’s business entity and/or Governing Persons listed on the Washington State Secretary of State site (see Section 00 52 13 – Agreement Form – Stipulated Sum (Single-Prime Contract)).

2. Evidence of Insurance

a. Prior to Contract Execution, the Successful Bidder shall submit to CPCS the evidence of insurance as required in Section 00 73 16 – Insurance Requirements (e-mail is acceptable to [email protected]).

3. Payment and Performance Bond

a. The Base Bid, plus any Alternates, Additives, or Deductives, plus Washington State Sales Taxes, if applicable, will be used to fix the Awarded Contract Price and the amount of the Payment and Performance Bond.

b. Prior to Contract Execution, the Successful Bidder shall provide to CPCS an executed Payment and Performance Bond for the Awarded Contract Price. The Payment and Performance Bond shall:

i. Be on a form furnished by the Owner (see Section 00 61 13 – Payment and Performance Bond Form).

ii. Be signed by the principal and notarized.

ii. Be signed and notarized by an approved Surety (or Sureties) that: Is registered with the Washington State Insurance

Commissioner; Appears on the current Authorized Insurance List in the

State of Washington published by the Office of the Insurance Commissioner; and

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

iv. Be accompanied by an original Power of Attorney document with the same date as the notarization by the Surety.

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



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4. Retainage Bond:

a. In accordance with RCW 60.28.011(6) a Contractor may submit a bond for all or any portion of the contract retainage from a bonding company meeting standards established by the Owner and using the form provided in Section 00 61 23 – Retainage Bond Form. The Owner shall accept a bond meeting these requirements unless the Owner can demonstrate good cause for refusing to accept it. This bond and any proceeds there from are subject to all claims and liens and in the same manner and priority as set forth for retained percentages in RCW 60.28.011.

b, The Owner shall release the bonded portion of the retained funds to the Contractor within thirty (30) Days of accepting the bond from the Contractor. Whenever the Owner accepts a bond in lieu of retained funds from a Contractor, the Contractor shall accept like bonds from any subcontractors or suppliers from which the Contractor has retained funds. The Contractor shall then release the funds retained from the subcontractor or supplier to the subcontractor or supplier within thirty (30) Days of accepting the bond from the subcontractor or supplier.

5. Agreement Form

a. The Successful Bidder shall submit to CPCS the original Agreement Form signed by a person authorized to bind the Bidder’s business.

6. Social Equity Plan

a. The Successful Bidder must submit to CPCS a completed Social Equity Plan within three (3) Days of the Notice of Intent to Award. A completed plan must include all sections applicable to the project (Inclusion Plan Supplement, Apprenticeship, and Workforce Projections). The Social Equity Plan must indicate the firms and scopes with estimated dollars for all WMBE subcontractors, and must, if applicable, list all apprentice trade assignments and estimated hours. The Successful Bidder should contact CPCS for help preparing the Plan to ensure completeness. The Social Equity Plan must be approved by CPCS prior to Execution.

C. Execution of Contract

1. After the Owner has signed and Executed the Contract, the Owner will forward a copy of the fully executed Agreement Form and signed Transmittal of Contract Documents to the Successful Bidder.

2. No Work shall begin within the Project Site or within sites furnished by the Owner until the successful Bidder has received the fully executed Contract Documents (including the executed Agreement Form) and has been given the Notice to Proceed per Section 00 72 13, Paragraph 1.06.G. The Contractor shall bear all risks for any work begun prior to the issuance of the Notice to Proceed except for submittal and procurement work as indicated in Section 00 72 13, Paragraph 1.06.G.

D. Failure to Execute the Contract

1. The Bidder’s Bid Guaranty will be forfeited if the Bidder to whom the Notice of Intent to Award was made fails to:

a. Execute the Agreement Form within the required time period; or



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b. Furnish satisfactory bond(s) and insurance(s) within the required time period.

2. The Owner may then issue a Notice of Intent to Award the Contract to the second lowest responsible Bidder.

3. If the second lowest responsible Bidder fails to execute the Agreement Form and furnish satisfactory bond(s) and insurance(s) within ten (10) Business Days after Notice of Intent to Award has been made to the second Bidder, or within the time period mutually agreed upon by the Owner and second Bidder, the second Bidder's Bid Guaranty will also be forfeited. The Contract may be Awarded successively in a like manner to the remaining responsible Bidders until the Agreement Form is executed and bond(s) and insurance(s) furnished by a responsible Bidder or the remaining Bids are rejected.

E. Return of Bid Guaranty

1. If the Bid Guaranty submitted by unsuccessful Bidders is in the form of a certified or cashier’s check, the funds will be returned after Award or after all Bids have been rejected. A Bid Guaranty submitted by unsuccessful Bidders in the form of a Bid Bond will be retained after Contract has been filed with the City Clerk, unless an unsuccessful Bidder requests that it be returned.

2. The Bid Guaranty of the successful Bidder submitted in the form of a check will be returned after Contract Execution. A Bid Guaranty in the form of a Bond from the successful Bidder shall be filed with the Executed Contract.



END OF SECTION


AVAILABLE PROJECT INFORMATION

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PART 1 GENERAL

1.01 SECTION INCLUDES

A. This section contains information on reports, surveys and record information for the existing pergola structure, the existing temporary bracing, the existing tent structure, and the Washington Street Boat Landing site.

1.02 AVAILABLE INFORMATION

A. Owner has information consisting of reports, surveys and other record information. This information is available to Contractor and subcontractors for review in the Appendix. Available information includes but is not limited to:

1. Pergola Inventory Plan. January 6, 2014. Submittal Number 128 of the Elliot Bay

Seawall Project, Amendment 4. 2. Alaskan Way Pergola - Lead Survey (Lead Paint Test). November 3, 2013.

Integrity Safety Services. 3. 125 Alaskan Way S Seattle, WA Pergola Asbestos Lead Survey (Pergola

Hazmat Survey). August 26, 2013. Integrity Safety Services. 4. Elliott Bay Seawall Washington Street Pergola Report (Ultrasonic Testing).

May 31, 2013. Mayes Testing Engineers, Inc. 5. Lease Agreement between Port of Seattle and City of Seattle for the Terminal 25

South site (i.e., Pier 25), as amended. July 8, 2013. 6. Certificate of Approval (COA) from the Pioneer Square Preservation Board

(PSPB) (without attachments) for rehabilitation of the structure, as amended. September 30, 2016. Harbor Masters Station / Washington Street Pergola.

7. Certificate of Approval (COA) from the Pioneer Square Preservation Board (PSPB) (without attachments) for installation of additional lighting. March 24, 2017. Harbor Masters Station / Washington Street Pergola.

B. Surveys, reports and record information on existing conditions are provided without

warranty as to their accuracy or completeness.

1.03 EXISTING APPLICABLE PERMITS AND OTHER GOVERNMENTAL APPROVALS

A. Specified in Section 01 35 43 – Environmental Procedures.

1.04 CITY OF SEATTLE DOCUMENTS AVAILABLE ON-LINE

A. City of Seattle 2014 Standard Plans and Standard Specifications sections referenced in the Contract are available on line at:

http://www.seattle.gov/util/Engineering/StandardSpecsPlans/Archive/index.htm

B. The following Seattle Department of Transportation documents, available on-line, are part of the Contract if the Contract requires activities in the street right of way.

1. City of Seattle Traffic Control Manual for In-Street Work

http://www.seattle.gov/transportation/trafficcontrolmanual.htm

2. Client Assistance Memo (for the creation of a traffic control plan)



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http://www.seattle.gov/transportation/cams/CAM2111.pdf

3. Publication list for Street Use

http://www.seattle.gov/transportation/stuse_docs.htm

4. City of Seattle Right of Way Improvements Manual

https://www.seattle.gov/transportation/rowmanual/manual/

1.05 CONSENT DECREE

A. The City of Seattle has entered into a Consent Decree between the City and the United States of America as further described below. The Consent Decree is included in the Appendix.

1. The City of Seattle (“City”), the United States Environmental Protection Agency

(“EPA”) and the Washington State Department of Ecology (“Ecology”), have entered into a Consent Decree to settle the Complaint filed against the City by the United States in the United States District Court for the Western District of Washington, captioned United States of American and the State of Washington v. City of Seattle, Civil Action No. 2:13-cv-678, (“Consent Decree”). The Complaint alleged that the City of Seattle (“City”) violated Sections 301 and 402 of the Clean Water Act, 33 U.S.C. §§1311 and 1342 (“CWA”), and the conditions and limitations of its National Pollutant Discharge Elimination System (“NPDES”) permit issued to the City by Ecology as authorized by EPA under Section 402(b) and the CWA.

2. Article II, Section 7 of the Consent Decree establishes that “any action taken by

any entity retained by the City to implement the City’s obligations under this Consent Decree shall be considered an action of the City for purposes of determining compliance with the Consent Decree.”

3. Article II, Section 6 of the Consent Decree requires that the City provide a copy

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

4. The Consent Decree requires, among other things, that the City, its agents and

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

5. Based on the foregoing, the City has determined that this contract shall be and is

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



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PART 2 PRODUCTS - NOT USED

PART 3 EXECUTION - NOT USED

END OF SECTION


PERMITS

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PERMITS

PART 1 GENERAL

1.01 SUMMARY

A. Section Includes: Available information about permitting.

1.02 PERMITTING

A. Owner-obtained permits, authorizations, agreements, or easements are listed in Section 01 35 43 – Environmental Procedures and can be found in the Appendix.

B. Contractor shall obtain and pay all fees for all other required permits for the performance of the Work unless otherwise specified in the Contract Documents.



END OF SECTION

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The City of Seattle

Department of Finance and Administrative Services

BID FORM


Administering Department: Seattle Department of Transportation

PW# 2016-107 Ordinance #124648

BIDDER NAME:__________________________________________

PW# 2016-107 WASHINGTON STREET PERGOLA RESTORATION SECTION 00 41 13 BID FORM – STIPULATED SUM (SINGLE–PRIME CONTRACT)

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1.01 BID TO THE DIRECTOR OF PURCHASING AND CONTRACTING SERVICES DIVISION FOR THE CITY OF SEATTLE: A. The undersigned Bidder hereby certifies to have personally and carefully examined

the Bid Documents issued for PW# 2016-107: Washington Street Pergola