City of Seattle

Criteria

On-Call Environmental Consulting Services (Natural Resources)

25-173-S

Evaluation Criteria

1

Initial Screening

The City will review responses for responsiveness and responsibility. Those found responsive and responsible based on an initial review shall proceed to Step 2. Equal Benefits, Minimum Qualifications, an Inclusion Plan (if applicable), satisfactory financial responsibility and other elements are screened in this Step. A significant failure to perform on past City projects may also be considered in determining the responsibility of a firm.
2

The City expects to achieve the following outcomes through this consultant solicitation:SPU seeks skilled Consultant Teams available for immediate, on-call work that will reduce the cost, time, and processes necessary to respond to urgent and other City needs primarily for the identification, delineation, evaluation, assessment, and protection of environmental resources and compliance with applicable environmental regulations.SPU seeks to contract with Consultant Teams demonstrating commitment to the City’s women and minority-owned business enterprise (WMBE) program and proposing an inclusion plan that is innovative and feasible.SPU seeks to contract with Consultant Teams committed to diversity in, and continued growth of, the consultant community serving the Seattle area.
3

Minimum qualifications are required for a Consultant to be eligible to submit a proposal response. Your submittal response must show compliance to these minimum qualifications. Those that are not responsive to these qualifications shall be rejected by the City without further consideration:ADD MIN QUALS HERE
4

There are no minimum qualifications required in order for a consultant to submit a response to this solicitation.
5

Seattle Public Utilities (SPU) is seeking professional environmental consulting team(s) to provide On-Call Environmental and Natural Resources Services to support planning and implementation of its capital, operation, and maintenance programs. This work requires specific skills and qualifications the City of Seattle does not have readily available in-house. The scope of work in these contracts will consist primarily of supporting projects on issues and impacts affecting wetland, watercourse, and fish and wildlife resources (“the resources”). Examples of support include environmental and natural resources assessment, permitting, and mitigation. General tasks that are expected to be performed under this contract include, but are not limited to: a) completion of standard environmental reviews, including preliminary assessment of project areas to identify potential wetland, watercourse, wildlife, and other environmental resources; b) preparation of ordinary high water mark and wetland determinations and associated documentation (reports, maps, and other documents) generally consisting of on-site surface observations to identify all potential wetlands, watercourses, important wildlife habitat, and other regulated resources; c) preparation of biological assessments, mitigation plans, and applications for regulatory permits and approvals; mitigation project monitoring; and d) monitoring water quality parameters during construction. The selected consultants will be required to work closely with SPU staff to achieve successful and satisfactory completion of the contract work.
6

Protests

Interested parties that wish to protest any aspect of this RFQ selection process shall provide written notice to the Procurement Contact. Note the City shall notify Federal Transit Administration if protesting a solicitation for contracts with FTA funds.
7

6.1 Scope of Work

Scope of work will generally include the following CORE and SUPPORT activities to be undertaken either on a programmatic or project-specific basis. Work tasks can vary and may include, but not be limited to, the following types of CORE and SUPPORT activities, generally ordered in decreasing frequency of need: Biological (CORE)identification, delineation, mapping, assessment, and documentation of wetlands, watercourses, shorelines, and other aquatic resources, including classification or typing, functional assessment, and rating;inventory, assessment, monitoring, and documentation of fish and wildlife species and their habitats, including species listed as endangered or threatened under the Endangered Species Act; this work could include determining species presence, assessing barriers to fish passage, and monitoring fish or wildlife behavior during construction;analysis of watercourse and shoreline modifications and associated habitats;analysis to support impact characterization including habitat and species surveys of migratory birds;preparation of biological assessments and biological evaluations for purposes of compliance with the Endangered Species Act; analysis to support Essential Fish Habitat consultations and assessment preparation, coordination with state and federal resource agencies;impact mitigation planning and monitoring;landscaping/revegetation/habitat restoration;tree inventory, hazard assessment, and protection; andCedar River Habitat Conservation Plan (HCP) plant, fish, and wildlife surveys and compliance. Environmental Review (CORE)environmental impact assessment and documentation for purposes of SEPA/NEPA compliance, relative to the resources; andpreparation of SEPA/NEPA documents including Categorical Exemptions/Exclusions; Environmental Assessments; Addenda, Environmental Impact Statements, and combinations of these. Permitting (CORE)coordination with regulatory agencies; andpreparation of applications for permits and approvals for purposes of complying with relevant environmental and land use regulations and submittal of those applications to regulatory agencies, including but not limited to the U.S. Army Corps of Engineers; U.S. Fish and Wildlife Service; National Oceanic and Atmospheric Administration; U.S. Environmental Protection Agency; State of Washington Departments of Ecology, Fish and Wildlife, and Natural Resources; King County; and Seattle Departments of Construction and Inspection and Parks and Recreation. Water Quality (CORE)preparation of project-specific WQMPPs, SWPPPs, staff education and training materials, and other water quality documentation; andwater quality monitoring. Noise (CORE)conduct noise modeling, description of noise impacts, and analysis of the probable noise mitigation measures;preparation of applications and supporting materials for noise variances; andapplication for noise variances, tracking applications, and negotiating details of issued variances. Mapping/Survey (SUPPORT)Geographic Positioning Systems and Geographic Information Systems/Information Management Systems support both in mapping grade and survey grade capacities; andland survey related to scope of work items described above, including field surveying to identify legal boundaries, survey monumentation, and identified and delineated natural resources; topographic features; underground utilities and structures both below and above ground; and base map information to include lot lines, corners, all features in the City's right-of-way, and legal descriptions of parcels, as specifically requested in each Work Assignment, if needed. Deliverables shall include electronic files compatible with AutoCAD Civil3D and sheet or roll plots if requested. The selected consultants will be expected to use the following: SPU Design Standards and Guidelines; SPU CAD Standards (AutoCAD Civil3D), SPU Land Survey Standards, and City of Seattle Standard Plans and Specifications. General (SUPPORT)coordination with tribes and other government agencies including, but not limited to, City of Seattle departments of Construction and Inspection, Parks and Recreation, Transportation, and City Light; King County and other local jurisdictions that contain SPU infrastructure; WSDOT; federal and State of Washington resource agencies; and Native American tribes;evaluation of other consultants’ resource work and documents;policy consultation; preparation of correspondence, meeting minutes, reports, permit applications, monitoring documents, and other documentation typically associated with the CORE activities mentioned above;construction monitoring and reporting;emergency project documentation and reporting; anddevelopment and deployment of training events associated with the CORE activities mentioned above. Because SPU has other on-call consultant contracts that address the following bodies of work, the scope of work for the contracts in this solicitation does not include any work related to these activities: cultural or archaeological resources; environmental risk management and remediation for purposes of complying with RCRA, CERCLA, MTCA, or regulation of waste, hazard materials (asbestos, lead-based paint, etc.), or USTs; andcompliance with stormwater environmental rules and regulations such as performing permitting work, monitoring storm events, compliance evaluations and data management support including MS4 Outfall Mapping, Outfall Verification, Illicit Discharge Detection and Elimination (IDDE) Inspection, Dry Weather Screening, Wet Weather Screening and Outfall Follow-up Illicit Discharge detection, screening, and elimination tasks required in the City’s NPDES Permit.
8

Registration into the City's Procurement Portal

If you have not previously done so, register at: https://procurement.opengov.com/portal/seattle, then subscribe to the City’s Procurement Portal. The Procurement Portal is used by City staff to identify companies for future solicitation lists and check certifications. Women- and minority-owned firms are asked to self-identify their business as such in OpenGov. Registration in the City's Procurement Portal is required to submit a response to this solicitation.
9

The City consultant contract is attached. See Attachments Section, Attachment 1.The City has attached its boilerplate contract terms to allow Respondents to be familiar with boilerplate, and the non-negotiable terms before submitting a proposal. The City may negotiate with the highest ranked apparent successful Respondent. The City cannot modify contract provisions mandated by Federal, State or City law: Equal Benefits, Audit (Review of Vendor Records), WMBE and EEO, Confidentiality, and Debarment or mutual indemnification. Exceptions to those provisions will be summarily disregarded.
10

SPU intends to award up to two (2) On-Call contracts, or more if deemed in SPU’s interest. An estimated combined total of $2,000,000 will be divided amongst the awarded team(s)for a maximum term of five (5) years each. Work Assignments will be awarded on an as-needed basis throughout the term with varying scopes, dates, milestones, and deliverables with time-and-materials not-to-exceed budgets. SPU does not guarantee any minimum quantity of work or value under these contracts. Under no circumstances shall this contract or subsequent work assignments go beyond five (5) years (SMC 20.50.040 G).
11

The City consultant contract is attached (See Attachments Section).The City has attached its boilerplate contract terms so Proposers can be familiar with the boilerplate and the non-negotiable terms before submitting a proposal. Any questions about the City’s boilerplate should be made in advance of submittal. If a Consultant seeks to modify the Contract, the Consultant must request that within their Proposal response as taking an “Exception”. The Consultant must provide a revised version that shows their proposed alternative contract language. The City is not obligated to accept such proposed changes. If you request Exceptions that materially change the character of the contract, the City may reject the Consultant’s Proposal as non-responsive. The City cannot modify provisions mandated by Federal, State or City law: Equal Benefits, Audit (Review of Vendor Records), WMBE and EEO, Confidentiality, and Debarment, or mutual indemnification. Such Exceptions would be summarily disregarded.Although the City may open discussions with the highest ranked apparent successful Proposer to align the proposal or contract to best meet City needs, this does not ensure negotiation of modifications proposed by the consultant through the exception process above.
12

Procurement Contact: Jamie Cortez, Contracts and Procurement Advisor, jamie.cortez@seattle.gov, (206) 684-5021Qualifications are to be submitted through the e-Procurement portal at https://procurement.opengov.com/portal/seattle, no later than 1:00 pm on Thursday, January 15, 2026.Unless authorized by the Procurement Contact, no other City official or employee may speak for the City regarding this solicitation until award is complete. Any Respondent contacting other City officials or employees does so at Respondent’s own risk. The City is not bound by such information.
13

The City consultant contract is attached (See Attachments Section).Consultants submit proposals understanding all Contract terms and conditions are mandatory. Response submittal is agreement to the Contract without exception. The City reserves the right to negotiate changes to submitted proposals and to change the City's otherwise mandatory Contract form during negotiations. If the Consultant is awarded a contract and refuses to sign the attached Contract form, the City may reject the Consultant from this and future solicitations for the same work. Under no circumstances shall Consultant submit its own boilerplate of terms and conditions.
14

Limited Debriefs

The City issues results and award decisions to all Respondents. The City provides debriefing on a limited basis for the purpose of allowing respondents to understand how they may improve in future solicitation opportunities.
15

Qualification Evaluation

Qualifications shall be evaluated using the evaluation criteria in the Evaluation Section.
16

Pre-Submittal Conference

The City offers an optional pre-submittal conference at the time, date and location on the Timeline. Respondents are highly encouraged to attend but not required to attend to be eligible to submit their qualifications. The meeting answers questions about the solicitation and clarifies issues. This also allows Respondents to raise concerns. Failure to raise concerns over any issues at this opportunity will be a consideration in any protest filed regarding such items known as of this pre-submittal conference.
17

Interviews

The City may interview top ranked firms that are considered to be the most competitive. If interviews are conducted, rankings of firms shall be determined by the City, using the combined results of interviews and submittals. Consultants invited to interview are to bring the assigned key person(s) named by the Consultant in the Proposal, and may bring other key personnel named in the Proposal. The Consultant shall not bring individuals who do not work for the Consultant or are not on the project team without advance authorization by the Procurement Contact. If interviews are conducted, they will be worth the points listed in the Proposal Evaluation section.
18

Instructions to the Apparently Successful Consultant(s)

The Apparently Successful Consultant(s) will receive an Intent to Award Letter from the Procurement Contact after award decisions are made by the City. The Letter will include instructions for final submittals due prior to execution of the contract.Once the City has finalized and issued the contract for signature, the Consultant must execute the contract and provide all requested documents within ten (10) business days. This includes attaining a Seattle Business License, payment of associated taxes due, and providing proof of insurance. If the Consultant fails to execute the contract with all documents within the ten (10) day time frame, the City may cancel the award and proceed to the next ranked Consultant, or cancel or reissue this solicitation. Cancellation of an award for failure to execute the Contract as attached may disqualify the firm from future solicitations for this same work.
19

Questions

Respondents may submit their questions through the Procurement Portal. Respondents may also email questions to the Procurement Contact until the deadline stated in the Timeline. Failure to request clarification of any inadequacy, omission, or conflict will not relieve the Consultant of responsibilities under any subsequent contract. It is the responsibility of the interested Consultant to assure they receive responses to questions if any are issued.
20

Changes to the RFQ

The City may make changes to this RFQ if, in the sole judgment of the City, the change will not compromise the City’s objectives in this solicitation. Any change to this RFQ will be made by formal addendum issued by the City, through the Procurement Portal at https://procurement.opengov.com/portal/seattle and shall become part of this RFQ.
21

Checklist of Requirements Prior to Award

The Consultant(s) should anticipate the Letter will require at least the following. Consultants are encouraged to prepare these documents when possible, to eliminate risks of late compliance. Seattle Business License is current and all taxes due have been paid.State of Washington Business License.Evidence of Insurance (if required)Special Licenses (if any)Form W-9 if a new Consultant for the City
22

References

The City may contact one or more references. The City may use references named or not named by the Proposer. The City may also consider the results of performance evaluations issued by the City on past projects.
23

Insurance Requirements for Award

Proof of insurance is required, see Attachments for Insurance Transmittal Form.
24

Selection

The City shall select the highest ranked Proposer(s) for award, including written proposal and the interview (if applicable). The City reserves the right to make a final selection based on the combined results and/or the overall consensus of the Consultant Evaluation Committee.
25

Receiving Addenda and/or Question and Answers

It is the obligation and responsibility of the Consultant to learn of addenda, responses, or notices issued by the City, through the Procurement Portal. Some third-party services independently post City of Seattle solicitations on their websites. The City does not guarantee that such services have accurately provided all the information published by the City.All submittals sent to the City may be considered compliant with or without specific confirmation from the Consultant that any and all addenda was received and incorporated into your response. However, the Project Manager reserves the right to reject any submittal that does not fully incorporate Addenda that is critical to the project.
26

Qualifications Submittal

Responses must be received by the City no later than the date and time in the Timeline, except as revised by Addenda. The submitter has full responsibility to ensure the response is submitted to the City's Procurement Portal within the deadline. The Procurement Portal will not allow vendors to upload submissions past the deadline.All pages are to be 8.5 x 11 inch, numbered sequentially and closely follow the requested formats.The City has page limits specified in the submittal instructions section. Any pages that exceed the page limit will be excised from the document for purposes of evaluation.The submitter has full responsibility to ensure the response arrives at the City within the deadline. A response delivered after the deadline may be rejected unless waived as immaterial by the City given specific fact-based circumstances.
27

Contract Negotiations

The City may negotiate elements of the proposal as required to best meet the needs of the City, with the apparent successful Proposer. The City may negotiate any aspect of the proposal or the solicitation. The City does not intend to negotiate the base contract, which has been attached (See Attachments).
28

Electronic Submittal

The City requires electronic submittal.Upload your submission to the respective procurement opportunity online at https://procurement.opengov.com/portal/seattle by the submittal deadline. We recommend you give yourself sufficient time and at least ONE (1) day before Closing Time to begin the uploading process and to finalize your submission.Do not embed any documents within your uploaded files, as they will not be accessible or evaluated. Please see the Attachments section for specifications and attachments.Hyperlinks and URLs to web sites or references to attachments may not be used in documents submitted in response to this solicitation, unless specifically requested in the submittal requirements. The City is not obligated to evaluate, review, or score any information submitted in the form of a hyperlink or URL. Responses to the solicitation will not be visible to the city until after the solicitation closing time.Uploading large documents may take significant time, depending on the size of the file(s) and your Internet connection speed.You will receive an email confirmation once you finalize your submission.OpenGov Procurement works with the latest versions of Chrome, Firefox, Microsoft Edge, and Safari for Mac.OpenGov Procurement does not work with the following versions of Internet Explorer, Google Chrome <54, Microsoft Edge <14, Safari <10.1, and Firefox <47Any risks associated with an electronic submittal are borne by the Proposer.The City uses OpenGov Procurement for accepting and evaluating proposals electronically. For software support, contract OpenGov. Live support is available 4am to 7pm Pacific Time, Monday through Friday, excluding holidays.Chat: Click the chat bubble on OpenGovPhone: (650) 336-7167Email: procurement-support@opengov.com Self-service (available 24/7): OpenGov Help Center (https://opengov.my.site.com/support/s/)
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Respondent Responsibility to Provide Full Response

It is the Respondent's responsibility to respond in a manner that does not require interpretation or clarification by the City. The Respondent is to provide all requested materials, forms and information. The Respondent is to ensure the materials are submitted properly and accurately reflect the Respondent’s qualifications. During scoring and evaluation (prior to interviews if any), the City will rely upon the submitted materials and shall not accept materials from the Respondent after the RFQ deadline; this does not limit the City’s right to consider additional information (such as references that are not provided by the Respondent but are known to the City, or past City experience with the consultant), or to seek clarifications as needed.
30

Right to Award to next ranked Consultant

If a contract is executed resulting from this solicitation and is terminated within 90-days, the City may return to the solicitation process to award to the next highest ranked responsive Consultant by mutual agreement with such Consultant. New awards thereafter are also extended this right.
31

Repeat of Evaluation

If no Consultant is selected at the conclusion of all the steps, the City may return to any step in the process to repeat the evaluation with those proposals active at that step. The City shall then sequentially step through all remaining steps as if conducting a new evaluation process. The City reserves the right to terminate the process if no proposals meet its requirements.
32

Prohibited Contacts

Respondents shall not interfere in any way to discourage other potential and/or prospective consultants from submitting or considering participation in the submittal process. Prohibited contacts includes but is not limited to any contact, whether direct or indirect (i.e. in writing, by phone, email or other, and by the Respondent or another person acting on behalf of the Respondent) to a likely firm or individual that may discourage or limit competition. If such activity is evidenced to the satisfaction and in sole discretion of the City department, the Respondent that initiates such contacts may be rejected from the process.
33

License and Business Tax Requirements

The Consultant must meet all applicable licensing requirements immediately after contract award or the City may reject the Consultant. Companies must license, report and pay revenue taxes for the Washington State business License (UBI#) and Seattle Business License, if required by law. Carefully consider those costs before submitting an offer, as the City will not separately pay or reimburse such costs.Seattle Business Licensing and associated taxesIf you have a “physical nexus” in the city, you must obtain a Seattle Business license and pay all taxes due before the Contract can be signed. A “physical nexus” means you have physical presence, such as: a building/facility/employee(s) in Seattle, you make sales trips into Seattle, your own company drives into Seattle for product deliveries, and/or you conduct service work in Seattle (repair, installation, service, maintenance work, on-site consulting, etc). We provide a Consultant Questionnaire Form in our submittal package items later in this RFP/RFQ, and it will ask you to specify if you have “physical nexus”.All costs for any licenses, permits and Seattle Business License taxes owed shall be borne by the Consultant and not charged separately to the City. The apparent successful Consultant(s) must immediately obtain the license and ensure all City taxes are current, unless exempted by City Code due to reasons such as no physical nexus. Failure to do so will cause rejection of the submittal. The City of Seattle Application for a Business License and additional licensing information can be found this page here: https://www.seattle.gov/city-finance/business-taxes-and-licenses/business-licenses For Questions and Assistance, call the Revenue and Consumer Protection (RCP) office which issues business licenses and enforces licensing requirements. The general e-mail is tax@seattle.gov. The main phone is 206-684-8484. Self-Filing You can pay your license and taxes on-line https://www.filelocal-wa.gov/Default_FileLocal.aspx If a business has extraordinary balances due on their account that would cause undue hardship to the business, the business can contact the License and Tax Administration office at tax@seattle.gov or 206-684-8484 to request additional assistance. Those holding a City of Seattle Business license may be required to report and pay revenue taxes to the City. Such costs should be carefully considered by the Consultant prior to submitting your offer. When allowed by City ordinance, the City will have the right to retain amounts due at the conclusion of a contract by withholding from final invoice payments.
34

State Business Licensing

Before the contract is signed, you must have a State of Washington business license (a “Unified Business Identifier” known as a UBI#). If the State of Washington has exempted your business from State licensing (some foreign companies are exempt and sometimes, the State waives licensing because the company has no physical presence in the State), then submit proof of that exemption to the City. All costs for any licenses, permits and associated tax payments due to the State because of licensing shall be borne by the Consultant and not charged separately to the City. Instructions to apply for a business license can be found at https://dor.wa.gov/open-business/apply-business-license and the State of Washington Department of Revenue contact help page at https://dor.wa.gov/contact.
35

Federal Excise Tax

The City is exempt from Federal Excise Tax.
36

No Guaranteed Utilization

The City does not guarantee utilization of any contract(s) awarded through this RFQ process. The solicitation may provide estimates of utilization; such information is for Consultant convenience and not a usage guarantee. The City reserves the right to issue multiple or partial awards, and/or to order work based on City needs. The City may turn to other appropriate contract sources or supplemental contracts to obtain these same or similar services. The City may re-solicit for new additions to the Consultant pool. Use of such supplemental contracts does not limit the right of the City to terminate existing contracts for convenience or cause.
37

Expansion Clause

The contract limits expansion of scope and new work not expressly provided for within the RFQ.Expansion for New Work (work not specified within the original Scope of Work Section of this Agreement, and/or not specified in the original RFQ as intended work for the Agreement) must comply with the following:(a) New Work is not reasonable to solicit separately; (b) is for reasonable purpose; (c) was not reasonably known by the City or Consultant at time of solicitation or was mentioned as a possibility in the solicitation (i.e. future phases of work, or a change in law); (d) is not significant enough to be regarded as an independent body of work; (e) would not attract a different field of competition; and (f) does not change the identity or purpose of the Agreement. The City may make exceptions for immaterial changes, emergency or sole source conditions, or other situations required in City opinion. Certain changes are not subject to these limitations, such as additional phases of Work anticipated during solicitation, time extensions, and Work Orders issued on an On-Call contract. Expansion must be mutually agreed and issued by the City through written Addenda. New Work performed before an authorizing Amendment may not be eligible for payment.The City reserves the right to independently solicit and award any New Work to another firm when deemed appropriate or required by City policy.
38

Effective Dates of Offer

Solicitation responses are valid until the City completes award. Should any Respondent object to this condition, they must object prior to the Q&A deadline in the Timeline.
39

Cost of Preparing Submittals

The City is not liable for costs incurred by the Respondent to prepare, submit and present qualifications, interviews and/or demonstrations.
40

Readability

The City’s ability to evaluate submissions is influenced by the organization, detail, comprehensive material and readable format of the response.
41

Changes or Corrections to Submittal

Prior to the submittal closing date and time established for this RFQ, a Consultant may change or correct its proposal by following the Instructions here: https://opengov.my.site.com/support/s/article/4f4218bf-7da6-4fc6-b0c3-7eade0776ebe. No change to a submission shall be made after the solicitation closing date and time.
42

Errors in Submissions

Respondents are responsible for errors and omissions in their submissions. No error or omission shall diminish the Respondent’s obligations to the City.
43

Withdrawal of Submission

A submittal may be withdrawn at any time through the Procurement portal prior to the closing date or by written request of the submitter.
44

Rejection of Submissions

The City may reject any or all submissions with no penalty. The City may waive immaterial defects and minor irregularities in any submitted response.
45

Incorporation of RFQ and Respondent Submission in Contract

This RFQ and Respondent’s submission, including promises, warranties, commitments, and representations made in the successful response once accepted by the City, are binding and incorporated by reference in the City’s contract with the Respondent.
46

Independent Contractor

The Consultant works as an independent contractor. The City will provide appropriate contract management, but that does not constitute a supervisory relationship to the Consultant. Consultant workers are prohibited from supervising City employees or from direct supervision by a City employee. Prohibited supervision tasks include conducting a City of Seattle Employee Performance Evaluation, preparing and/or approving a City of Seattle timesheet, administering employee discipline, and similar supervisory actions.Contract workers shall not be given City office space unless expressly provided for below, and in no case shall such space be provided for over 36 months without specific authorization from the City.The City will not provide space in City offices for performance of this work. Consultants will perform most work from their own office space or the field.
47

Equal Benefits

Seattle Municipal Code Chapter 20.45 (SMC 20.45) requires consideration of whether Consultants provide health and benefits that are the same or equivalent to the domestic partners of employees as to spouses of employees, and of their dependents and family members. The Consultant Questionnaire requested in the Response Materials and Submittal section includes materials to designate your equal benefits status.
48

Women and Minority Subcontracting

The Mayor’s Executive Order and City ordinance require the maximum practicable opportunity for successful participation of minority and women-owned subcontracts. All proposers must agree to SMC Chapter 20.42, and seek meaningful subconsultant opportunities with WMBE firms. The City requires a plan for including minority- and women-owned firms, which becomes a material part of the contract. The Plan must be responsive in the opinion of the City, which means a meaningful and successful search and commitments to include WMBE firms for subcontracting work. The City reserves the right to improve the Plan with the winning Consultant before contract execution. Consultants should use selection methods and strategies sufficiently effective for successful WMBE participation. At City request, Consultants must furnish evidence such as copies of agreements with WMBE subconsultants either before contract execution or during contract performance. The winning Consultant must request written approval for changes to the Inclusion Plan once it is agreed upon. This includes changes to goals, subconsultant awards and efforts.WMBE firms need not be state certified to meet the City's WMBE definition. The City defines WMBE firms as at least 51% (percent) owned by women and/or minority. To be recognized as a WMBE, register on the City’s Procurement Portal. Federally funded transportation projects require a Disadvantaged Business Enterprises (DBE) program; for that program, firms must be certified by the Washington State Office of Minority and Women Business Enterprises (OMWBE).
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Insurance Requirements

Any special insurance requirements are provided as an Attachment. If attached, provide proof of insurance and additional insured endorsement policy language to the City before Contract execution. The apparent successful Proposer must promptly provide proof of insurance to the City upon receipt of the notice of intent to award.Consultants are encouraged to immediately contact their Broker to begin preparation of the required insurance documents, if the Consultant is selected as a finalist. Respondents may elect to provide the requested insurance documents within their Submittal.
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Proprietary Materials

The State of Washington’s Public Records Act (Release/Disclosure of Public Records): Under Washington State Law (reference RCW Chapter 42.56, the Public Records Act) all materials received or created by the City of Seattle are considered public records. These records include but are not limited to bid or proposal submittals, agreement documents, contract work product, or other bid material. The State of Washington’s Public Records Act requires that public records must be promptly disclosed by the City upon request unless that RCW or another Washington State statute specifically exempts records from disclosure. Exemptions are narrow and explicit and are listed in Washington State Law (Reference RCW 42.56 and RCW 19.108).Respondents must be familiar with the Washington State Public Records Act and the limits of record disclosure exemptions. For more information, visit the Washington State Legislature’s website at http://app.leg.wa.gov/rcw/default.aspx?cite=42.56.If you have any questions about disclosure of the records you submit with your response, contact the Procurement Contact named in this document.Marking Your Records Exempt from Disclosure (Protected, Confidential, or Proprietary)As mentioned above, all City of Seattle offices (“the City”) are required to promptly make public records available upon request. However, under Washington State Law some records or portions of records are considered legally exempt from disclosure and can be withheld. A list and description of records identified as exempt by the Public Records Act can be found in RCW 42.56 and RCW 19.108.If you believe any of the records you are submitting to the City as part of your bid/proposal or contract work products, are exempt from disclosure you can request that they not be released before you receive notification. To do so you must complete the City Non-Disclosure Request Form (“the Form”) provided by the City (see page 4 on the Consultant Questionnaire) and very clearly and specifically identify each record and the exemption(s) that may apply. (If you are awarded a City contract, the same exemption designation will carry forward to the contract records.)The City will not withhold materials from disclosure simply because you mark them with a document header or footer, page stamp, or a generic statement that a document is non-disclosable, exempt, confidential, proprietary, or protected. Do not identify an entire page as exempt unless each sentence is within the exemption scope; instead, identify paragraphs or sentences that meet the specific exemption criteria you cite on the Form. Only the specific records or portions of records properly listed on the Form will be protected and withheld for notice. All other records will be considered fully disclosable upon request.If the City receives a public disclosure request for any records you have properly and specifically listed on the Form, the City will notify you in writing of the request and will postpone disclosure. While it is not a legal obligation, the City, as a courtesy, will allow you up to ten business days to file a court injunction to prevent the City from releasing the records (reference RCW 42.56.540). If you fail to obtain a Court order within the ten days, the City may release the documents.The City will not assert an exemption from disclosure on your behalf. If you believe a record(s) is exempt from disclosure you are obligated to clearly identify it as such on the Form and submit it with your solicitation. Should a public record request be submitted to Purchasing for that record(s), you can then seek an injunction under RCW 42.56 to prevent release. By submitting a bid document, the bidder acknowledges this obligation; the proposer also acknowledges that the City will have no obligation or liability to the proposer if the records are disclosed.Requesting Disclosure of Public RecordsThe City asks bidders and their companies to refrain from requesting public disclosure of bids until an intention to award is announced. This measure is intended to protect the integrity of the solicitation process particularly during the evaluation and selection process or in the event of a cancellation or re-solicitation. With this preference stated, the City will continue to be responsive to all requests for disclosure of public records as required by State Law. If you do wish to make a request for records, visit https://www.seattle.gov/public-records/public-records-request-center.
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Ethics Code

Familiarize yourself with the City Ethics code: http://www.seattle.gov/ethics/etpub/et_home.htm. For an in-depth explanation of the City’s Ethics Code for Contractors, Vendors, Customers and Clients, visit: http://www.seattle.gov/ethics/etpub/faqcontractorexplan.htm. Any questions should be addressed to Seattle Ethics and Elections Commission at 206-684-8500.No Gifts and Gratuities.Consultants shall not directly or indirectly offer anything (such as retainers, loans, entertainment, favors, gifts, tickets, trips, bonuses, donations, special discounts, work, or meals) to any City employee, volunteer or official, if it is intended or may appear to a reasonable person to be intended to obtain or give special consideration to the Consultant. An example of this is giving sporting event tickets to a City employee who is also on the evaluation team of a solicitation to which you submitted or intend to submit. The definition of what a “benefit” would be is broad and could include not only awarding a contract but also the administration of the contract or evaluating contract performance. The rule works both ways, as it also prohibits City employees from soliciting items from Consultants.Involvement of Current and Former City Employees.The Consultant Questionnaire within your submittal documents prompts you to disclose any current or former City employees, official or volunteer that is working or assisting on solicitation of City business or on completion of an awarded contract. Update that information during the contract.Contract Workers with over 1,000 Hours.The Ethics Code applies to Consultant workers that perform over 1,000 cumulative hours on any City contract during any 12-month period. Any such employee must abide by the City Ethics Code. The Consultant is to be aware and familiar with the Ethics Code accordingly.No Conflict of Interest. Consultant (including officer, director, trustee, partner or employee) must not have a business interest or a close family or domestic relationship with any City official, officer or employee who was, is, or will be involved in selection, negotiation, drafting, signing, administration or evaluating Consultant performance. The City shall make sole determination as to compliance.Campaign Contributions (Initiative Measure No. 122)Elected officials and candidates are prohibited from accepting or soliciting campaign contributions from anyone having at least $250,000 in contracts with the City in the last two years or who has paid at least $5,000 in the last 12 months to lobby the City. See Initiative 122, or call the Ethics Director with questions.
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Background Checks and Immigrant Status

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