The overall project objective is to provide technical support and analysis in support of SPU water right permits associated with the Seattle wellfield. Staffing will require a Certified Water Right Examiner (CWRE) and for modeling to be conducted by professional geologist, preferably a Licensed Hydrogeologist in the State of Washington. This work needs to be completed by a Consultant that is authorized by Ecology to work under a Cost Reimbursement Agreement. Task 1: Project Management The Consultant will be responsible for managing the project in an efficient manner that fulfills the scope of work and meets the expectations of SPU. This task represents the labor and expenses associated with scheduling, coordinating, reporting, conducting quality management of deliverables, and communicating with SPU regarding services for this work. The Consultant will coordinate one(1) to two(2) times per month with the SPU Project Manager to discuss scope, progress, status, budget deliverables, and other matters of interest to the project. This task includes preparing invoices and summarizing the work accomplished during the billing cycle. Deliverables:Agendas at minimum one day ahead of regularly scheduled meetings to support discussion and meeting minutes within one working day after every meeting.Monthly invoices and summary status reports, including Earned Value graphics and reporting statistics. Task 2: Seattle Wellfield Quantitative Modeling Analysis The purpose of this task is to conduct groundwater modeling analysis recommended by Ecology to determine impacts to local water bodies including Miller Creek, Des Moines Creek, and non-tidal reaches of the Green River. To maximize beneficial use for SPU Municipal water supply from the Wellfield, we expect some iteration of modeled operating strategies and analyses to support an optimized operational strategy. Task 2 is divided into four subtasks including data review, developing a modeling approach, existing model modifications, and the modeling itself. Task 2.1 – Data Review The Consultant will review the permit’s supporting documents to become familiar with the work that has been done to date. These documents will be made available electronically. The Consultant will also review well test data conducted in the past to ascertain their usefulness in updating and calibrating the groundwater modeling hydrogeological characteristics (e.g., transmissivity). Information provided by SPUData: Well test results, logs, yield, GIS files, aerial imagery, etc.Existing monitoring well summary descriptions.Background documents: completed consultant reports (grey literature), comments provided on draft ROE by MIT and Ecology, June 2005 permit application, and other documents.Model files: Existing MODFLOW-USG model built to be run in Groundwater Vistas version 9The information provided by SPU is all-inclusive. Information obtained elsewhere includes but is not limited to land topography (LiDAR), published geologic maps, and streamflow timeseries as measured by King County and U.S. Geological Survey. Task 2.2 – Develop Modeling ApproachIn this task, the Consultant will develop an approach for completing a modeling analysis to support permitting of the Seattle Wellfield for operational use. The approach will include tasks to develop the MODFLOW model (Task 2.3) and use the model to develop potential wellfield operational scenarios (Task 2.4). Two groundwater models have been developed that are relevant to the project. The first groundwater flow model was based on a model originally developed for the Port of Seattle describing the conditions in and around SeaTac International Airport (STIA) and incorporating the detailed hydro stratigraphic interpretation in the STIA Phase 1 Groundwater Study Report (Aspect, 2008) – colloquially called the “STIA model”. Details of the STIA groundwater model development, calibration, and application are provided in the following reports submitted to Ecology and summarized in the references listed below: SPU ASR Project – Groundwater Model Development, October 18, 2016 (Aspect, 2016)SPU Riverton Heights and Boulevard Park Wellfield Permitting Project – Groundwater Model Operational Scenario Analysis, August 11, 2017 (Aspect, 2017)SPU Water Rights Permit Applications for Seattle Wellfields, Response to Comments from Keta Waters (Aspect, 2018) A separate groundwater model “SPU model” was recently modified to more reliably address the objectives of the SPU wellfield project and is now referred to as the Seattle Wellfield Model or “SWM”. The domain was expanded and refined to focus on and provide greater resolution in the areas around the SPU wells, along Miller Creek, Des Moines Creek, and the Green and Duwamish Rivers. Particular attention was given on the regulated surface waters of Miller Creek, Des Moines Creek, and the Green River above RM 11 (non-tidally influenced reaches). The SWM also moved away from proprietary code (MODFLOW-SURFACT) in the STIA model to MODFLOW-USG. Information provided by SPUData, existing model (text and binary files, Groundwater Vistas file), and completed reports.Additional information can be available upon request.Assumptions:SPU review of model documentation will take fifteen working days.Documents will be delivered in electronic format (Word and pdf). Deliverables:Conceptual modeling approach plan technical memorandum for review by SPU.Draft modeling and analysis approach plan technical memorandum for review by SPUPresentation slides and memorandum describing analysis approach to Ecology. Task 2.3 – Develop Groundwater ModelUnder this task, the Consultant will either update and modify the Seattle Wellfield Model (SWM) or construct a new model utilizing information (i.e. conceptual framework and calibration targets) from the SWM as needed to support the approach developed under Task 2.2. Most development and modifications should occur before development of the conceptual mitigation plan in order to ensure viability of the approach and incorporate any comments from SPU hydrogeologist and engineers and other peer review. Additional modification or scenarios may be required after review of the model and discussions regarding the conceptual mitigation strategy by Ecology. To facilitate a successful modeling effort, model construction guidelines will include:The groundwater model shall be calibrated within professionally accepted statistical guidelines.The model shall not exceed a run-time of approximately 1 hour on a modern PC.The model shall be developed in MODFLOW-6 for maximum futureproofing.The model shall be importable and runnable in the Graphical User Interface (GUI) Groundwater Vistas version 9, produced by Environmental Simulations Inc. (ESI).The model time period shall be a minimum of 10 years in order to simulate the long-term effects of depletion of aquifer storage.Aquifer parameters (hydraulic conductivity and storage) shall be comparable to locally accepted ranges and the Southeast Sound (SES) model produced by the U.S. Geological Survey. Information provided by SPU:Information provided in Task 2.1 and 2.2.Meeting(s) to discuss current state of the model and lessons learned from recent efforts.Deliverables:Model files and Groundwater Vistas file compatible with version 9, including all scenarios and relavant input files.Technical memorandum documenting changes made and results of test runs, including any recommendations for further changes or additional data. The memorandum shall also include relevant figures to aid interpretation, and tables of results, calibration statistics, and aquifer parameters of each layer or hydro stratigraphic unit. Task 2.4 – Conduct Modeling to Determine Operational Limits of Wellfield and the Associated Impacts to Miller Creek and other Major Nearby StreamsThe purpose of this task is to quantify the extent of impacts of well operations on the base flows in Miller Creek, Des Moines Creek, and, if applicable, Green River above RM11. Miller Creek was closed in 1980 to further appropriation under WAC 173-509-040(1) through a finding that no additional water is available. Ecology raised concerns that the relationship between stream flows and shallow aquifer water levels was not adequately quantified and recommended groundwater modeling to provide estimates of the extent of impacts to Miller Creek from well operations. The MIT also raised questions about impacts to other surrounding water bodies - specifically Des Moines Creek, and Green River, if the wellfield was operated at its maximum potential for multiple years in a row. The analysis will consider potential mitigation of any adverse impacts. The approach to be used to conduct this analysis will be consistent with the approach developed under Task 2.2 and approved by SPU and Ecology. Results of the analysis will be suitable for transmittal to Ecology to support permit application processing and development of the Report of Examination by Ecology. Assumptions:Each SPU review will take at least fifteen working days.Documents will be delivered in electronic format (Word and pdf).Deliverables:Draft technical memorandum for review by SPU.Presentation to Ecology, including developing presentation materials that SPU will have ample time to review before the presentation.Final technical memorandum for submittal to Ecology.Final ROEs and Investigator’s Reports and a final Mitigation Plan that responds to comments by Ecology, Tribal Nations, and the public

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

Seattle Public Utilities (SPU) is seeking a consultant to support groundwater modeling and technical analysis for water‑right permitting of the Seattle Wellfield, as well as the design of required mitigation project. Since 1985, SPU and the former Seattle Water Department have worked towards completing the Riverton and Boulevard Park Wellfields, now collectively called the Seattle Wellfield, located north of SeaTac International Airport. SPU has operated the wellfield intermittently since the late 1990s under temporary permits, mostly recently in 2015. The wells were originally pursued to provide peaking supply to meet high summer demands. The wells are also useful in other situations and times of the year: supplementing the surface supplies during drought conditions which helps ensure instream flows and maintaining supply to the southwest part of the SPU regional distribution system in the event of a transmission emergency. The Seattle Wellfield pumps water from an aquifer that is a known source of water for Miller Creek and potentially also a source for Des Moines Creek and the Green River. Under current Washington State case law, Seattle must mitigate for impacts to local water bodies. SPU pumped the wells for three months during a water shortage in 2015 and collected groundwater level data during and after that pumping. This data along with subsurface information published by U.S. Geological Survey was used to build a groundwater model intended to simulate the effect of pumping the wells on the aquifer, Miller Creek, Des Moines Creek, and the Green Rivers. Based on previous analysis, SPU must develop a mitigation plan to obtain permanent groundwater right. The current conceptual mitigation project would commit Seattle to metering dechlorinated water into Miller Creek from one of SPU’s transmission lines to offset the impacts of pumping. Additional modeling is needed to assess potential impacts to Des Moines Creek and non-tidal reaches of the Green River which are located further away from the project wellfield. Mitigation plans to these water bodies have not been developed as they are subject to the extent of potential impacts. A draft Report of Examination (ROE) in support of the Seattle Wellfield development was submitted to the Washington State Department of Ecology (Ecology) in 2020 under the Cost Reimbursement program. The ROE was shared with Tribal Nations, including the Muckleshoot Indian Tribe (MIT). Ecology and the MIT have provided comments to the draft ROE that require additional modeling analysis. SPU anticipates awarding one (1) contract with an estimated value of $400,000 - $420,000.

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.

The contract is expected to begin in the 3rd quarter of 2026 and end in the 3rd quarter of 2028.The estimated schedule is as follows: Aug 2026: Project KickoffAug 2026 – Sept 2026: Review existing data and prepare an annotated list.Oct 2026 – Nov 2026: Develop and document the modeling approach.Dec 2026 – Dec 2027: Conduct groundwater modeling analysis.Jan 2027 – Mar 2028: Develop the Conceptual Mitigation PlanMar 2027 – Aug 2028: Prepare and present reports to SPU and stakeholders, including updates to the ROE for Ecology.June 2027 – Apr 2028: Develop and document the Mitigation PlanAug 2026 – Aug 2028: Permit authorization and development.

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.

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

Procurement Contact: Manal Soliman, Contracts and Procurement Administrator, manal.soliman@seattle.gov, (206) 684-5225Proposals are to be submitted through the e-Procurement portal at https://procurement.opengov.com/portal/seattle, no later than 1:00 pm on Monday, April 27, 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 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. Note the City shall notify Federal Transit Administration if protesting a solicitation for contracts with FTA funds.

The City consultant contract is attached. See Attachments Section, Attachment 1.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.

The City expects to achieve the following outcomes through this consultant solicitation:Contract with a consulting firm that offers a balanced combination of leadership, technical expertise, support and resources to sustain project progress and schedules while fostering team sustainability – ensuring flexibility for staff leaves and team evolution.Contract with a consultant that can deliver comprehensive groundwater modeling and analytical support for wellfield operations, with demonstrated expertise in coordinating effectively with regulatory agencies and Tribal Nations.

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

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

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.

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.

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 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.

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

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 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.

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.

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.

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.

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/)

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.

This solicitation is issued for the benefit of Seattle Public Utilities (SPU). Other departments, divisions, or offices within the City may, at their discretion, use the results of this solicitation to establish their own separate contracts with the selected Consultant, provided such use is consistent with the scope and terms of this solicitation. Any contracts issued by other City departments are solely between that department and the Consultant. SPU is not a party to, and assumes no responsibility or liability for, such contracts.

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.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.

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")