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, 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.

Interested parties that wish to protest any aspect of this RFP selection process shall provide written notice to the Procurement Contact. See the City website at https://www.seattle.gov/purchasing-and-contracting/doing-business-with-the-city/solicitation-and-selection-protest-protocols. Interested parties have the obligation to know of and understand these rules, and to seek clarification from the City. Note there are time limits on protests, and submitters have final responsibility to learn of results in sufficient time for such protests to be filed in a timely manner.

The City has attached its boilerplate contract terms to allow Proposers to be familiar with boilerplate, and the non-negotiable terms before submitting a proposal. The City may negotiate with the highest ranked apparent successful Proposer. 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.

PurposeSeattle Public Utilities (SPU) is requesting proposals from qualified consultant teams to provide comprehensive management and technical support for the Combined Sewer Overflow (CSO) Program (Program). The selected team will assist SPU in delivering a multi‑year capital program that includes program management, options analysis, construction management, Owner’s Advisor services, and related technical and strategic support. The team may also support development of capital improvement projects, including preparation of Engineering Reports that meet the requirements of WAC 173-240-060 and incorporates any additional elements required for SPU to pursue federal funding.Capital improvement projects developed under this Program may include scope not solely focused on CSO reduction. These elements may be incorporated to achieve multiple benefits, address regulatory requirements, or leverage opportunities for system, community, or environmental improvements.CSO Areas and OutfallsThe following CSO basins and outfalls are currently identified for inclusion in the Program. Basins have not yet started Options Analysis, except as noted.Windermere (Outfall 13, 15)North Union Bay (OF 18)Leschi (OF 28, 30-32, 34)Genesee (OF 38, 40-43, 165)Henderson (OF 44)Henderson (OF 47b&c, 171)Henderson (OF 49)Interbay (OF 68)Vine St (OF 69)- Options Analysis completeWest Seattle (OF 95)Portage Bay (OF 138)Montlake (OF 139)Montlake (OF 140)Longfellow Starts Here (OF 168, 169)- currently in Options AnalysisDuwamish (OF 99, 107, 111, & 111H)- currently in Options AnalysisOther basins may be addedFederal Financial AssistanceThis contract may be funded in whole or in part with federal financial assistance, including potential funding for this contract and for future related contracts. As required by 2 CFR 200.327, the contract will include all applicable provisions from Appendix II to 2 CFR Part 200, as well as any additional requirements imposed by the federal awarding agency once funding is confirmed. Proposers must review the Federal Contract Provisions in Attachment 1 (Consultant Contract, Exhibit H) and ensure their team and all subcontractors are fully prepared to meet these requirements without delay. SPU will require the successful Proposer to submit all federal certifications, disclosures, and documentation necessary to establish eligibility for federal funding, including but not limited to debarment verification, anti‑lobbying certification (for contracts over $100,000), and any agency‑specific forms required once funding is confirmed. Proposers must factor these requirements into their project approach, staffing, and subcontracting plans. Failure to comply with federal requirements may result in SPU determining the Proposer non‑responsive or ineligible for award.Contract StructureSPU anticipates awarding a single, phased contract valued between $50 million and $100 million. Work will be delivered across four phases, summarized in Table 2 and initiated through individual Work Assignments that define the scope, milestones, and deliverables. Some consultant staff are expected to be co‑located part‑time at SPU offices to support coordination.Progression to later phases is not guaranteed and will depend on satisfactory performance, SPU resource availability, and the number and scope of capital projects that emerge from Options Analysis. Contract amounts are estimates and may be amended based on available funding and evolving business needs.SPU does not guarantee a minimum quantity of work under this Contract.Table 2 – Phase SummaryContract PhasePhase 1Phase 2Phase 3Phase 4Approximate DatesQ4/2026 – Q1/2027Q1/2027 – Q4/2029Q1/2030 – Q4/2032Q1/2033 – Q4/2039ScopeProgram Set UpOptions Analysis & Engineering ReportDesignConstruction & CloseoutProgram ManagementY (planning & set up)YYYOptions AnalysisY (planning & set up)Y Outreach YYYOwner’s Advisor YYConstruction Management YYCommissioning YY Restrictions on Future PursuitsTo protect the integrity of future procurements within the CSO Program and avoid real or perceived conflicts of interest, certain roles performed under this Contract will limit a firm’s eligibility to pursue future design and construction-phase work. These restrictions apply to the prime consultant, subconsultants performing restricted functions, and any Related Entities, including parent companies, subsidiaries, affiliates, or entities under common ownership or control.SPU has identified the following limitations for this Contract:The prime consultant for this Contract will be precluded from pursuing design and construction-phase contracts within the CSO Program.Firms performing oversight functions under this Contract will be precluded from pursuing design and construction-phase contracts within the CSO Program. Oversight functions include but are not limited to independent cost estimating, constructability reviews, and value engineering during contract Phases 3 and 4.Additional restrictions may be identified during Contract execution if scope changes or new tasks create a conflict of interest.SPU intends to minimize the impact of these limitations by making relevant background information publicly available prior to future solicitations and by requiring the Consultant to prepare deliverables in a format suitable for public release. This solicitation includes current Reference Material (RM), available for download.Program BackgroundSeattle’s combined sewer system conveys both stormwater and sewage. During heavy rainfall, flow in these systems can exceed capacity and discharge into receiving water bodies. In 2013, the City entered into a Consent Decree with the U.S. Department of Justice, Environmental Protection Agency, and the Washington State Department of Ecology to reduce combined sewer overflows and bring the system into regulatory compliance. The Consent Decree was materially modified in 2025, extending the compliance deadline to December 31, 2037. The Consent Decree documents are provided in Attachment 1 (Consultant Contract, Exhibit G and Exhibit G‑1).The City is currently updating its Environmental Impact Statement and Long-Term Control Plan (LTCP), which will identify the preferred approach for controlling CSOs and outline basin specific needs such as flooding, infrastructure upgrades, rehabilitation, climate resilience, and community benefits. The LTCP update will also identify opportunities for SPU to consider partnering with other City departments and agencies to deliver community benefits including mobility, open space, and livability improvements. Additionally, the LTCP update will incorporate joint planning with King County as many remaining uncontrolled CSO basins share interdependences with King County’s remaining uncontrolled CSO basins. The LTCP will be the guiding document for the CSO program management team to begin Options Analysis.To meet the Consent Decree requirements, SPU is establishing the CSO Program to deliver capital improvement projects that bring each out‑of‑compliance basin into compliance by the Consent Decree deadline. Consultant support will supplement SPU staff across a broad range of services, including:Development and implementation of program management systems, including cost, schedule, risk, quality, and document management processes.Completion of Options Analysis for each of the out-of-compliance combined sewer basins, resulting in:a selected alternative (including any scope for achieving multiple benefits such as flooding and mobility improvements),contract packaging recommendation, anda contract delivery method recommendation.Engineering and design of the capital improvement projects resulting from Options Analysis will be completed by others, outside of this contract.The selected alternative for one or more basins may involve partnering with a King County CSO project. Either SPU or King County may serve as the lead for a joint project.Community engagement and outreach, including development of standards, strategy, and outreach materials for Options Analysis and permitting/regulatory efforts, and collaboration with communities to identify priorities and opportunities for achieving multiple benefits.Permitting and regulatory strategy, tracking, and execution for programmatic requirements (e.g., SEPA/NEPA). This includes development and maintenance of a permit and regulatory approval management system covering permits, regulatory approvals, deliverables, notifications, expiration dates, and reporting.Capital improvement project teams, comprised of SPU and consultant staff, will be responsible for acquiring project-specific permits and regulatory approvals. The program management team will track permit and regulatory approval status and assist project teams with identifying required permits/approvals and developing acquisition strategies.Development of local and federal grant and loan applications and development and maintenance of a grant/loan management system coving requirements, expiration dates, and reporting. SPU anticipates pursuing federal funding for this CSO Program, which may affect other Program areas, including property acquisition and construction contract requirements.Program support services, such as independent cost estimating and review, design review by subject matter experts, real property support, geotechnical services, hydraulic modeling, environmental review, and archaeological and historic review.Owner’s Advisor services for capital improvement projects delivered using alternative delivery methods governed by RCW 39.10[1].Construction Management for capital improvement projects in the CSO Program.Commissioning planning and coordination of commissioning activities during design and construction.Development of control system programming for facilities constructed or modified by the CSO Program.Coordination with King County Wastewater Treatment Division on modifications to SPU’s sewer system as well as coordination with other City of Seattle and King County capital projects and other public or private construction projects.[1] https://app.leg.wa.gov/RCW/default.aspx?cite=39.10

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.

The following deadlines establish key Program milestones and are reflected in the phased approach summarized above:June 30, 2029: Submission of Draft Engineering Reports covering all out-of-compliance basins to the Washington State Department of Ecology (non‑Consent Decree milestone)December 31, 2029: Submission of Final Engineering Reports covering all out-of-compliance basins to the Washington State Department of Ecology and Environmental Protection Agency (Consent Decree milestone)December 31, 2032: Completion of bidding and contract award for all capital improvement projects associated with out-of-compliance basins (Consent Decree milestone)December 31, 2037: Construction completion of all CSO Control Measures in the approved LTCP Update (Consent Decree milestone)A detailed Program schedule will be developed at the conclusion of Options Analysis, once the number, type, and sequencing of capital improvement projects are defined. The anticipated duration of this Contract will extend from Notice to Proceed in 2026 through handoff to operations and maintenance and final closeout in approximately 2039.

Task 100 – Contract ManagementThe Consultant shall provide contract management services to support effective Program delivery, including:Contract ManagementCommunication and coordinationMonthly status meeting with SPUChange ManagementWMBE Plan; ongoing management, monitoring, and reportingMonthly Progress ReportingMonthly Schedule UpdatesDeliverablesProgram management meetings and notesProgress ReportsSchedule Updates Task 200- Program Set UpThe Consultant shall support SPU in establishing Program foundations, including:Participate in Team-Building ActivitiesDevelop Program Execution Plan including but not limited to:Management and reporting processes for:RiskQualityCost and ScheduleChange ManagementDocument ManagementResource UtilizationValue ManagementCommunication and OutreachPermitting and Regulatory ComplianceCultural and Archaeological ComplianceGrant and Loan Acquisition and MaintenanceAlternative Project Delivery Integration to ProgramStandards and templates for the Program, such as:Project Management PlansProject SchedulesWork Breakdown StructureCost Breakdown StructureCost Estimating StandardsRisk RegisterOutreach deliverablesProgram ReportsDecision LogSustainability, Equity, and Social Justice ImplementationProcess to track and address miscellaneous fixes and improvements identified post-constructionDevelop program schedule for Phase 2 – Options Analysis and Facility PlanDevelop evaluation and selection process to be used for Options AnalysisDevelop Programmatic Roles and ResponsibilitiesDeliverablesProgram Execution PlanProgram Roles and Responsibilities Technical MemorandumDraft and Final Program Phase 2 ScheduleOptions Analysis evaluation planProgram standards and templates

Procurement Contact: Sherry Shaffer, SPU Contracts & Procurement Advisor, sherry.shaffer@seattle.gov, (206) 684-7642Proposals are to be submitted through the e-Procurement portal at https://procurement.opengov.com/portal/seattle, no later than 1:00 pm on Tuesday, April 21, 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 Proposer contacting other City officials or employees does so at Proposer’s own risk. The City is not bound by such information.

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.

The City expects to achieve the following outcomes through this consultant solicitation:Contract with a Program Management team that will operate as an integrated extension of SPU staff, delivering the Program in a manner that reflects SPU’s mission and the best interests of SPU’s ratepayers.Contract with a firm that demonstrates excellence in producing high‑quality deliverables and in managing schedule, budget, and risk to ensure the Program meets all Consent Decree requirements.Contract with a firm that is committed to the City’s women and minority owned business enterprise (WMBE) program and submission of an inclusion plan that is innovative and feasible.Contract with a firm or team that is committed to diversity and the continued growth of the consultant community serving the Seattle region.Contract with a firm or team that is committed to achieving SPU’s Shape Our Water Community Vision.

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 within the Procurement Portal. Registration in the City's Procurement Portal is required to submit a response to this solicitation.

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

No minimum qualifications are required for a consultant to submit a proposal response.

The City issues results and award decisions to all bidders. The City provides Debrief Summaries on a limited basis for the purpose of allowing bidders to understand how they may improve in future bidding opportunities.

Phase 2 includes the following tasks to manage and perform the options analysis and develop Engineering Reports:Task 100 – Contract ManagementThe Consultant shall continue contract management services, including:Update and Maintain Program Execution PlanContract ManagementCommunication and coordinationMonthly status meeting with SPUChange ManagementWMBE Plan; ongoing management, monitoring, and reportingMonthly Progress ReportingMonthly Schedule UpdatesDeliverablesProgram management meetings and notesProgram Execution Plan UpdatesProgress ReportsSchedule Updates Task 200 - Options Analysis and Engineering ReportsThe Consultant shall conduct Options Analysis and prepare Engineering Reports for each basin, including:Develop preliminary engineering to gather technical information on the feasibility, effectiveness, impacts, opportunities, and requirements of options.Develop options, costs, impacts, multiple benefit opportunities and costs, and supporting documentation for formal evaluation and comparison using the EPA’s Augmented Alternative Analysis process to select a recommended option.Perform hydraulic modeling to support Options Analysis.Conduct community outreach that builds upon prior engagement efforts including but not limited to the CSO planning work under the Long-Term Control Plan Update.Coordinate with King County for the development of options, including constraints (such as maximum flowrates to downstream County assets), and evaluation of potential joint projects.For each basin, recommend a CSO solution, contract packaging, delivery method. Create a programmatic delivery schedule.Meet Consent Decree requirement and deadline for submittal of each Engineering Report. Each Engineering Report shall include required content to allow SPU to pursue Federal funding for the CSO program.DeliverablesWorkshop agendas, materials, and notesCommunity Outreach materials and documentationDraft and Final Engineering ReportsDraft and Final programmatic delivery scheduleHydraulic Modeling files and summary memo, per basinTask 300 - Program Management ServicesThe Consultant shall provide Program‑level support services, including:Provide resources to implement the Program Execution Plan.Assist with procurement of, and management of, grants & loans.Assist with procurement of Design Consultant(s) for design-bid-build projects as requested. This may include, but is not limited to, developing or providing input to scopes of work, level of effort estimates, and schedule estimates.Create an initial programmatic permitting and regulatory approval tracking matrix.Create an initial summary of property rights needs and plan to procure.Support SPU in gaining approval for the use of Alternative Delivery on projects from the City’s Internal Review Committee, which has delegated authority from the state.Support SPU in procuring consultants and contractors for Alternative Delivery projects as requested. This may include, but is not limited to, developing or providing input to scopes of work, level of effort estimates, and schedule estimates.Provide as-needed oversight for capital improvements projects within the CSO Program that were not included in Task 200. Tasks may include, but are not limited to, cost reviews, constructability reviews, outreach support, and risk analysis.DeliverablesGrant & loan applicationsProcurement support for design-bid-build and alternative delivery projectsInitial programmatic permitting and regulatory approval tracking matrixInitial property rights planSupport to gain Alternative Delivery approvalOversight of CSO Program capital improvement projects

Proposals shall be evaluated using the evaluation criteria in the Proposal Evaluation Section.

The City offers an optional pre-submittal conference at the time, date and location on the Timeline. Proposers are highly encouraged to attend but not required to attend to be eligible to propose. The meeting answers questions about the solicitation and clarifies issues. This also allows Proposers 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-proposal conference.

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.

(Additional detail to be developed based on Phase 2 results)The Consultant shall support SPU during design, including:Contract ManagementProvide as-needed services, such as:Independent cost estimatingCost estimate reviewsIndependent construction schedulingConstruction schedule reviewsConstructability reviewsSubject Matter Expert reviewsReal Property ServicesGeotechnical and Environmental/Remediation ServicesValue Engineering ReviewsArchaeological ServicesSupport coordination with King County for capital improvement projects within the CSO ProgramIf any Capital Improvement Projects are selected to proceed with an Alternative Delivery Method per RCW 39.10, perform Owner’s Advisor role, including:Obtain approval for Alternative Delivery from the City’s Internal Review Committee. (The City has delegated authority from the State to decide when to use Alternative Delivery)Create contract and procurement documents to be used in procuring the Designer, Contractor, and/or Design/Build Team. The City will review and approve these documents and will lead the procurement process.Participate in the selection process for the Designer, Contractor, and/or Design/Build Team.Participate in the project execution as an Owner’s Advisor and providing as-needed services.CommissioningDevelop standard process for Startup, Testing, Training, and Commissioning of different types of capital improvement projects within the CSO Program.Participate in design phase of each capital improvement project within the CSO Program to ensure commissioning requirements are appropriately included in the contract documents. Provide a Washington State Professional Engineering seal for this scope of the contract documents.If requested by SPU, create control system program to be used for remote monitoring and control of facilities constructed or impacted by capital improvement projects within the CSO Program.Support project teams under the CSO Program during advertisement, bidding, and contract award processes, as requested.

The City may interview top ranked firms from the proposal evaluation. If interviews are conducted, rankings of firms shall be determined by the City, using the combined results of interviews and proposal 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.

(Additional detail to be developed based on Phase 2 and 3 results)The Consultant shall support SPU during construction, commissioning, and closeout, including:Contract ManagementProvide construction management resources as requested by SPU to support the construction phase of each of the capital improvement projects under the CSO Program. This may require the Consultant to provide all construction management staff for multiple projects, operating under the direction and supervision of SPU’s Construction Lead for the CSO Program.Coordinate with SPU resources and Program resources, such as the Commissioning Lead, as needed to support construction.Help ensure that construction complies with all appropriate permit, regulatory, grant/loan, and stakeholder requirements identified in the contract documents.Lead construction partnering efforts, as requested.Support community outreach efforts throughout construction, as requested.CommissioningLead Startup, Testing, Training, and Commissioning during construction phase for each capital improvement project within the CSO Program. Coordinate with SPU work groups as necessary.Lead the Asset Onboarding process to ensure new assets are correctly onboarded to SPU systems, processes, and workflow. The Asset Onboarding process has been defined by SPU; Participate in design phase of each capital improvement project within the CSO Program to ensure asset onboarding requirements are appropriately included in the contract documents. Be SPU’s Asset Onboarding Lead during construction to ensure that all requirements are met (generally by the construction contractor).Program Closeout SupportFollowing construction completion for each capital improvement project, provide as needed support for project closeout and successful handoff to operations & maintenance (O&M) staff.As requested, create and execute a flow monitoring and modeling effort to optimize operation of newly constructed assets and verify that CSO basins are in controlled status to meet Consent Decree requirements.As requested, support or lead Reliability Centered Maintenance workshops to support onboarding of new assets.As requested, support training of O&M staff and coordination with King County for long-term roles, responsibilities, coordination, communication, etc. on joint projects and other projects.

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

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.

Proposers may submit their questions through the Procurement Portal. Proposers 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.

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.

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

The City may make changes to this RFP if, in the sole judgment of the City, the change will not compromise the City’s objectives in this solicitation. Any change to this RFP 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 RFP.

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.

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).

Proposals 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.

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.comSelf-service (available 24/7): OpenGov Help Center (https://opengov.my.site.com/support/s/)

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.

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

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.

Proposers shall not interfere in any way to discourage other potential and/or prospective proposers from proposing or considering a proposal 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 Proposer or another person acting on behalf of the Proposer) 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 Proposer that initiates such contacts may be rejected from the process.

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 on 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.

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.

The City is exempt from Federal Excise Tax.

The City does not guarantee utilization of any contract(s) awarded through this RFP/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.

The contract limits expansion of scope and new work not expressly provided for within the RFP.Expansion for New Work (work not specified within the original Scope of Work Section of this Agreement, and/or not specified in the original RFP 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.

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

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

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

Prior to the proposal submittal closing date and time established for this RFP, 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 proposal shall be made after the proposal closing date and time.

Proposers are responsible for errors and omissions in their proposals. No error or omission shall diminish the Proposer’s obligations to the City.

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

The City may reject any or all proposals with no penalty. The City may waive immaterial defects and minor irregularities in any submitted proposal.

This RFP and Proposer’s response, including promises, warranties, commitments, and representations made in the successful proposal once accepted by the City, are binding and incorporated by reference in the City’s contract with the Proposer.

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. Some project work requires the Consultant to be on-site at City offices. This benefits the City to assure access, communications, efficiency, and coordination. Any Consultant on-site remains a Consultant and not a City employee. No Consultant shall be on-site at a City office for over 36 months, without specific authorization from the City. The Consultant shall notify the City if any worker is within 90 days of a 36-month on-site placement. The City will not charge rent. The Consultant is not asked to itemize this cost. Instead, the Consultant should absorb and incorporate the expectation of such office space within the Consultant plan for the work and costs. City workspace is exclusively for the project and not for any other Consultant purpose. The City will decide if a City computer, software and/or telephone is needed, and the worker can use basic office equipment such as copy machines. If the Consultant worker does not occupy City workspace as expected, this does not change the contract costs.

Seattle Municipal Code Chapter 20.45 (SMC 20.45) requires consideration of whether Proposers 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 Submittal instructions includes materials to designate your equal benefits status.

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. At a certain threshold, 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 in 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).

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. Proposers may elect to provide the requested insurance documents within their Proposal.

The State of Washington’s Public Records Act (Release/Disclosure of Public Records): Under Washington State Law (reference RCW Chapter 42.56, the Public Records Act) all materials received or created by the City of Seattle are considered public records. These records include but are not limited to bid or proposal submittals, agreement documents, contract work product, or other bid material. The State of Washington’s Public Records Act requires that public records must be promptly disclosed by the City upon request unless that RCW or another Washington State statute specifically exempts records from disclosure. Exemptions are narrow and explicit and are listed in Washington State Law (Reference RCW 42.56 and RCW 19.108).Bidders/proposers must be familiar with the Washington State Public Records Act and the limits of record disclosure exemptions. For more information, visit the Washington State Legislature’s website at http://app.leg.wa.gov/rcw/default.aspx?cite=42.56.If you have any questions about disclosure of the records you submit with your bid, 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.

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.

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.

Background checks will be required for workers that will perform the work under the contract resulting from this solicitation. 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.

(MOVED HERE FORM "RESPONSE MATERIALS AND SUBMITTAL")