City of Seattle
Criteria
Rare, Threatened, and Endangered Plant Surveys and Monitoring Surveys for the Boundary Hydroelectric Project 2026-2028
RFP #SCL-767073988
Evaluation Criteria
1
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.
2
SCL is required to monitor subpopulations of RTE species on 3- or 6-year intervals, depending on whether the species has a limited distribution (3-year cycle) or a wide distribution (6-year cycle). The first monitoring surveys were completed in 2014 (limited and wide distribution species); in 2017 (limited distribution species); in 2020 (limited and wide distribution species); and in 2023 (limited distribution species). Therefore, in 2026 a complete census of the limited distribution species subpopulations and a sampling of the widely distributed species is required. This scope of work describes tasks for the monitoring of limited distribution and wide distribution species to be completed in 2026 and includes a $70,000 Management Reserve to fund pre-disturbance survey and other plant monitoring tasks as negotiated with and approved by SCL in 2026-2028.
3
Initial Screening
The City will review responses for responsiveness and responsibility. Those found responsive and responsible based on an initial review shall proceed to Step 2. Equal Benefits, Minimum Qualifications, an Inclusion Plan, 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.
4
Protests
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.
5
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.
6
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.
7
Rare, Threatened, and Endangered Plant Surveys and Monitoring Surveys for the Boundary Hydroelectric Project 2026-2028
The following sections describe proposed Contract Tasks. Task 1 – Project Administration, Coordination, and Progress ReportingThe Consultant will attend a kickoff meeting with SCL staff (at Seattle Municipal Tower or via video conference) to discuss data needs, Geographic Information System (GIS)/map standards (see attached), communication protocols and any issues that need to be addressed before the Consultant can begin work on any tasks in this scope-of-work. Provisions will be made for SCL to transfer GIS and other data necessary for the contract. Prior to conducting fieldwork, the Consultant will prepare a Draft and Final Health and Safety Plan that will be filed with SCL. At least 7 days prior to each field visit, the Consultant will submit to SCL completed Job Hazard Analysis Form and verification of compliance with SCL’s Aquatic Invasive Species Prevention Plan, ad coordinate with the SCL Project Manager on field logistics. The Consultant will submit to SCL invoices and progress reports that describe the status of tasks and budget no more frequently than monthly. Progress reports will be submitted even if no invoices are submitted. Task 1 Deliverables:Participation in meetings via teleconference or in person, including:Kick-off meeting for data gathering, communication protocols, data standardsUp to two SCL coordination/review meetings as needed Brief meeting notes that summarize all meaningful decisionsFigure 1. Map of Monitoring Area and Potential Pre-Disturbance Survey Zone. Task 2: Update Monitoring Protocol for Survey and Monitoring of Rare, Threatened and Endangered Plant Species The 2020 and 2023 monitoring reports included recommended modifications to the monitoring protocol for the next round of monitoring. The Consultant will review the protocol used in those years and the proposed revisions as well as the following documents to determine if additional modifications are warranted: Boundary RTE Plant Monitoring Protocol Draft for 2026 (provided) 2020 RTE Plant Monitoring Report (provided) 2023 Census of RTE Plant Subpopulations Final Report (provided) 2024 Boundary Project Survey Report June 2024 Orange Hawkweed (Hieracium aurantiacum) Survey and MappingBoundary Hydroelectric Project 2025 Rare, Threatened and Endangered Plant and Noxious Weed Survey of TMP Phase 2 Project SitesAgency lists of RTE plant species – BLM, USFS and the Washington Natural Heritage Program (WNHP);Boundary Hydroelectric Project RTE plant Geographic Information System (GIS) database and RTE Subpopulation Database Excel file (to be provided after contract execution); and Boundary RTE Plant Data Reporting Methodologies and Data Dictionary (provided) . The Consultant will review the above documents and submit to SCL an updated list of RTE species known or suspected to occur in the Boundary Project Area and updated Monitoring Protocol for review by the Boundary Terrestrial Resources Working Group (TRWG). Any comments received from the TRWG will be incorporated into a final Protocol for use in the 2023 fieldwork. A column in table will indicate change in status and the year that a species was added to or removed from the list or reclassified. The Consultant will work with the City Light Project Manager and the TRWG to finalize the monitoring protocol for the 2026 fieldwork. Task 2 DeliverablesDraft and Final meeting notes from up to 2 conference calls with TRWG members and SCL staff documenting discussion and decisionsDraft and Final versions of the modified documents and field forms in native format and pdf. Task 3. Conduct Monitoring Survey for RTE SpeciesThe Consultant will devise a field sampling program to fulfill the Final Monitoring Plan developed under Task 2. It is estimated that approximately 114 subpopulations will need to be surveyed in the field to cover 100 percent of the limited-distribution species subpopulations and 25 percent of the widely-distributed species subpopulations, prioritizing those that have not been assessed or that have known threats. The Consultant will coordinate closely with the City Light Project Manager to facilitate logistics for access to the Boundary Project. As many subpopulations are best accessed by boat, the Consultant must provide boat (<26 ft.) and driver and safety equipment for consultant team. If a site cannot be accessed safely due to steep terrain, subpopulations may be viewed using binoculars or spotting scope. The Consultant will coordinate with USFS and BLM personnel for work on federal lands. The Consultant will follow all elements of the Monitoring Protocol unless written permission to deviate is obtained from City Light. All field data collection and data management will adhere to the Data Reporting Methodologies and Data Dictionary. Any new previously unmapped subpopulations of RTE plants noted while traveling between sites will be recorded in GPS and included in the report per the Adaptive Management section of the Protocol.Upon completion of the monitoring visits, the Consultant will enter data and process GIS data in manner that meets SCL GIS data standards and the Data Dictionary. The analysis of field data will include assessing changes in size and distribution of subpopulations and description of sources of threats such as noxious weeds, water level fluctuations, recreational use of sites, and Project maintenance. Recommendations for additional inventory, including the next monitoring visits, and management actions will be included. Results of the surveys will be compared to previous surveys conducted in 2007, 2014, 2017, 2020, 2023 and supplemental monitoring in other years to assess whether subpopulations are changing in extent or number of plants and to identify threats and management options. A preliminary draft report will be prepared describing the methods and results of the monitoring surveys of widely distributed RTE species and the census of species with limited distribution. The completed field forms and updated maps will be included in the report. After review and comment by SCL staff, a draft report and datasets will be prepared for agency review. The final report will reflect responses to comments received on the draft report and will be submitted to SCL along with the updated RTE species data files and GIS data in format that meets SCL standards and USFS, BLM, and WNHP requirements. All GIS data must have metadata recorded.Task 3 Deliverables:Draft and Final Survey and Monitoring Report document methods, results, management recommendations, and suggestions for protocol revisionsUpdated GIS and RTE Plant Data Files and Forms documenting survey areas and subpopulation information, with metadataField notesDigital photos Task 4. Conduct Monitoring and Management of Select RTE Plant and Weed SitesThe Consultant will assist SCL ecologists with the following two items: assess Ophioglossum subpopulation at the Lime Creek boat-in campsite and Dryas at the Everett Slough boat-in site and identify if current management measures are protecting the subpopulations – (estimate two visits by 2 botanists for 1 hour each visit + map updates)monitor orange hawkweed (Hieracium aurantiacum) treatments sites along reservoir (7 sites ranging from 50-300 ft long) and assist in removing weeds and documenting presence of RTE plants in the vicinity (estimate 2 botanists for 2 days plus data management and reporting). Task 4 Deliverables:Memo ReportsGIS FilesField notesDigital photos Task 5. Conduct Pre-Disturbance RTE plant survey at Tailrace Boat LaunchIn coordination with the 2026 monitoring fieldwork, the Consultant will conduct a thorough RTE species survey of the proposed tailrace boat launch improvement. The area of potential effect extends from the access road near the warehouses in north portion of the SCL compound south to include the existing ramp and adjacent riverbank. The survey area covers about 5.5 acres, and is occupied largely by road shoulder, riprap or modified areas (see Figure 2). Task 5 Deliverables:Memo ReportsGIS FilesField notesDigital photos Task 6. Management Reserve – Pre-Disturbance Surveys and MonitoringA management reservoir of $70,000 will be set aside for use at the discretion of SCL to cover unanticipated tasks related to RTE species management. If directed by SCL, the Consultant will prepare task scope of work and budgets for specific pre-construction RTE plant and weed surveys at aquatic and recreation mitigation projects in Boundary and Sullivan Creek watersheds. Once agreed upon, the Consultant will conduct the work. Examples could include the Lower Flume Creek Culvert Project, Flume Creek RM2 restoration project, Usk Fish Hatchery upgrades, or others. Figure 2. Proposed Tailrace Boat Launch Project RTE plant survey area.
8
No minimum qualifications are required for a consultant to submit a proposal response.
9
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:At a minimum, the consultant must provide a team that meets the following qualifications:1. The project manager must have experience managing at least 2 projects of similar scope to those described in this RFP within the last 5 years.2. The Consultant must have experience conducting surveys of similar scope to those described in this RFP on at least 3 projects within the last 8 years.3. The Consultant must have experience working with US Forest Service on botanical surveys on at least 2 projects in the last 6 years.4. The Consultant must have experience conducting 2 similar projects in eastern Washington State or northern Idaho in the last 8 years.5. The Consultant must have developed at least 2 Geographic Information System databases within the last 5 years that each have addressed more than 30 unique RTE plant population locations.
10
Registration into the City's Procurement Portal
If you have not previously done so, register at: https://procurement.opengov.com/portal/seattle, then subscribe to the City’s Procurement Portal. The Procurement Portal is used by City staff to identify companies for future solicitation lists and check certifications. Women- and minority-owned firms are asked to self-identify their business as such within the Procurement Portal. Registration in the City's Procurement Portal is required to submit a response to this solicitation.
11
The Consultant hired under this contract will conduct monitoring of RTE species subpopulations and must have expertise to identify all native and non-native plants encountered during visits. The Consultant will record monitoring data and update the detailed GIS and tabular database. The consultant will also be expected to document and map any new subpopulations of RTE plant species encountered. SCL may also need assistance with pre-disturbance RTE plant, fungi, and lichens surveys at sites where aquatic, fish, recreation, or other resource mitigation projects are implemented in the vicinity of the Boundary Hydroelectric Project or at off-site locations in the Sullivan Creek watershed or near the Usk Fish Conservation Hatchery whenever those projects arise (Figure 1).
12
Performance ScheduleMonitoring fieldwork will occur during appropriate identification periods between May and August 2026. A SCL Review Draft of the Monitoring Report will be submitted by November 30. A Final Report and data will be provided by March 15, 2027. Draft and final reports and datasets for each pre-construction survey and other assessments will be submitted to SCL based upon a schedule determined by SCL and the Consultant when task is assigned.
13
Procurement Contact: Ned Lichty, Sr. Contracts & Procurement Specialist, ned.lichty@seattle.gov, (206) 386-1759Proposals are to be submitted through the e-Procurement portal at https://procurement.opengov.com/portal/seattle, no later than 4:00 pm on Wednesday, March 18, 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.
14
Limited Debriefs
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.
15
Proposal Evaluation
Proposals shall be evaluated using the evaluation criteria in the Proposal Evaluation Section.
16
Instructions to the Apparently Successful Consultant(s)
The Apparently Successful Consultant(s) will receive an Intent to Award Letter from the Procurement Contact after award decisions are made by the City. The Letter will include instructions for final submittals due prior to execution of the contract.Once the City has finalized and issued the contract for signature, the Consultant must execute the contract and provide all requested documents within ten (10) business days. This includes attaining a Seattle Business License, payment of associated taxes due, and providing proof of insurance. If the Consultant fails to execute the contract with all documents within the ten (10) day time frame, the City may cancel the award and proceed to the next ranked Consultant, or cancel or reissue this solicitation. Cancellation of an award for failure to execute the Contract as attached may disqualify the firm from future solicitations for this same work.
17
Interviews
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.
18
Pre-Submittal Conference
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.
19
Checklist of Requirements Prior to Award
The Consultant(s) should anticipate the Letter will require at least the following. Consultants are encouraged to prepare these documents when possible, to eliminate risks of late compliance.Seattle Business License is current and all taxes due have been paid.State of Washington Business License.Evidence of Insurance (if required)Special Licenses (if any)Form W-9 if a new Consultant for the City
20
References
The City may contact one or more references. The City may use references named or not named by the Proposer. The City may also consider the results of performance evaluations issued by the City on past projects.
21
Questions
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.
22
Insurance Requirements for Award
Proof of insurance is required from the Consultant awarded the contract; see Attachments for Insurance Transmittal Form.
23
Changes to the RFP
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.
24
Selection
The City shall select the highest ranked Proposer(s) for award, including written proposal and the interview (if applicable). The City reserves the right to make a final selection based on the combined results and/or the overall consensus of the Consultant Evaluation Committee.
25
Contract Negotiations
The City may negotiate elements of the proposal as required to best meet the needs of the City, with the apparent successful Proposer. The City may negotiate any aspect of the proposal or the solicitation. The City does not intend to negotiate the base contract, which has been attached (See Attachments).
26
Receiving Addenda and/or Question and Answers
It is the obligation and responsibility of the Consultant to learn of addenda, responses, or notices issued by the City, through the Procurement Portal. Some third-party services independently post City of Seattle solicitations on their websites. The City does not guarantee that such services have accurately provided all the information published by the City.All submittals sent to the City may be considered compliant with or without specific confirmation from the Consultant that any and all addenda was received and incorporated into your response. However, the Project Manager reserves the right to reject any submittal that does not fully incorporate Addenda that is critical to the project.
27
Proposal Submittal
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.
28
Proposer Responsibility to Provide Full Response
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.
29
Right to Award to next ranked Consultant
If a contract is executed resulting from this solicitation and is terminated within 90-days, the City may return to the solicitation process to award to the next highest ranked responsive Consultant by mutual agreement with such Consultant. New awards thereafter are also extended this right.
30
Repeat of Evaluation
If no Consultant is selected at the conclusion of all the steps, the City may return to any step in the process to repeat the evaluation with those proposals active at that step. The City shall then sequentially step through all remaining steps as if conducting a new evaluation process. The City reserves the right to terminate the process if no proposals meet its requirements.
31
Prohibited Contacts
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.
32
License and Business Tax Requirements
The Consultant must meet all applicable licensing requirements immediately after contract award or the City may reject the Consultant. Companies must license, report and pay revenue taxes for the Washington State business License (UBI#) and Seattle Business License, if required by law. Carefully consider those costs before submitting an offer, as the City will not separately pay or reimburse such costs.Seattle Business Licensing and associated taxesIf you have a “physical nexus” in the city, you must obtain a Seattle Business license and pay all taxes due before the Contract can be signed. A “physical nexus” means you have physical presence, such as: a building/facility/employee(s) in Seattle, you make sales trips into Seattle, your own company drives into Seattle for product deliveries, and/or you conduct service work in Seattle (repair, installation, service, maintenance work, on-site consulting, etc). We provide a Consultant Questionnaire Form in our submittal package items later in this RFP/RFQ, and it will ask you to specify if you have “physical nexus”.All costs for any licenses, permits and Seattle Business License taxes owed shall be borne by the Consultant and not charged separately to the City. The apparent successful Consultant(s) must immediately obtain the license and ensure all City taxes are current, unless exempted by City Code due to reasons such as no physical nexus. Failure to do so will cause rejection of the submittal. The City of Seattle Application for a Business License and additional licensing information can be found 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.
33
State Business Licensing
Before the contract is signed, you must have a State of Washington business license (a “Unified Business Identifier” known as a UBI#). If the State of Washington has exempted your business from State licensing (some foreign companies are exempt and sometimes, the State waives licensing because the company has no physical presence in the State), then submit proof of that exemption to the City. All costs for any licenses, permits and associated tax payments due to the State because of licensing shall be borne by the Consultant and not charged separately to the City. Instructions to apply for a business license can be found at https://dor.wa.gov/open-business/apply-business-license and the State of Washington Department of Revenue contact help page at https://dor.wa.gov/contact.
34
Federal Excise Tax
The City is exempt from Federal Excise Tax.
35
No Guaranteed Utilization
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.
36
Expansion Clause
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.
37
Effective Dates of Offer
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.
38
Cost of Preparing Proposals
The City is not liable for costs incurred by the Proposer to prepare, submit and present proposals, interviews and/or demonstrations.
39
Readability
The City’s ability to evaluate proposals is influenced by the organization, detail, comprehensive material and readable format of the response.
40
Changes or Corrections to Proposal Submittal
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.
41
Errors in Proposals
Proposers are responsible for errors and omissions in their proposals. No error or omission shall diminish the Proposer’s obligations to the City.
42
Withdrawal of Proposal
A submittal may be withdrawn at any time through the Procurement portal prior to the closing date or by written request of the submitter.
43
Rejection of Proposals
The City may reject any or all proposals with no penalty. The City may waive immaterial defects and minor irregularities in any submitted proposal.
44
Incorporation of RFP and Proposal in Contract
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.
45
Independent Contractor
The Consultant works as an independent contractor. The City will provide appropriate contract management, but that does not constitute a supervisory relationship to the Consultant. Consultant workers are prohibited from supervising City employees or from direct supervision by a City employee. Prohibited supervision tasks include conducting a City of Seattle Employee Performance Evaluation, preparing and/or approving a City of Seattle timesheet, administering employee discipline, and similar supervisory actions.Contract workers shall not be given City office space unless expressly provided for below, and in no case shall such space be provided for over 36 months without specific authorization from the City.The City will not provide space in City offices for performance of this work. Consultants will perform most work from their own office space or the field.
46
Equal Benefits
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.
47
Women and Minority Subcontracting
The Mayor’s Executive Order and City ordinance require the maximum practicable opportunity for successful participation of minority and women-owned subcontracts. All proposers must agree to SMC Chapter 20.42, and seek meaningful subconsultant opportunities with WMBE firms. 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).
48
Insurance Requirements
Any special insurance requirements are provided as an Attachment. If attached, provide proof of insurance and additional insured endorsement policy language to the City before Contract execution. The apparent successful Proposer must promptly provide proof of insurance to the City upon receipt of the notice of intent to award.Consultants are encouraged to immediately contact their Broker to begin preparation of the required insurance documents, if the Consultant is selected as a finalist. Proposers may elect to provide the requested insurance documents within their Proposal.
49
Proprietary Materials
The State of Washington’s Public Records Act (Release/Disclosure of Public Records): Under Washington State Law (reference RCW Chapter 42.56, the Public Records Act) all materials received or created by the City of Seattle are considered public records. These records include but are not limited to bid or proposal submittals, agreement documents, contract work product, or other bid material. The State of Washington’s Public Records Act requires that public records must be promptly disclosed by the City upon request unless that RCW or another Washington State statute specifically exempts records from disclosure. Exemptions are narrow and explicit and are listed in Washington State Law (Reference RCW 42.56 and RCW 19.108).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.
50
Ethics Code
Familiarize yourself with the City Ethics code: http://www.seattle.gov/ethics/etpub/et_home.htm. For an in-depth explanation of the City’s Ethics Code for Contractors, Vendors, Customers and Clients, visit: http://www.seattle.gov/ethics/etpub/faqcontractorexplan.htm. Any questions should be addressed to Seattle Ethics and Elections Commission at 206-684-8500.No Gifts and Gratuities.Consultants shall not directly or indirectly offer anything (such as retainers, loans, entertainment, favors, gifts, tickets, trips, bonuses, donations, special discounts, work, or meals) to any City employee, volunteer or official, if it is intended or may appear to a reasonable person to be intended to obtain or give special consideration to the Consultant. An example of this is giving sporting event tickets to a City employee who is also on the evaluation team of a solicitation to which you submitted or intend to submit. The definition of what a “benefit” would be is broad and could include not only awarding a contract but also the administration of the contract or evaluating contract performance. The rule works both ways, as it also prohibits City employees from soliciting items from Consultants.Involvement of Current and Former City Employees.The Consultant Questionnaire within your submittal documents prompts you to disclose any current or former City employees, official or volunteer that is working or assisting on solicitation of City business or on completion of an awarded contract. Update that information during the contract.Contract Workers with over 1,000 Hours.The Ethics Code applies to Consultant workers that perform over 1,000 cumulative hours on any City contract during any 12-month period. Any such employee must abide by the City Ethics Code. The Consultant is to be aware and familiar with the Ethics Code accordingly.No Conflict of Interest. Consultant (including officer, director, trustee, partner or employee) must not have a business interest or a close family or domestic relationship with any City official, officer or employee who was, is, or will be involved in selection, negotiation, drafting, signing, administration or evaluating Consultant performance. The City shall make sole determination as to compliance.Campaign Contributions (Initiative Measure No. 122)Elected officials and candidates are prohibited from accepting or soliciting campaign contributions from anyone having at least $250,000 in contracts with the City in the last two years or who has paid at least $5,000 in the last 12 months to lobby the City. See Initiative 122, or call the Ethics Director with questions.
51
Background Checks and Immigrant Status
The City may require background checks for the Consultant, as well as some or all of their employees and contracted workers who may perform work under this Agreement. The City reserves the right to require such background checks at any time. The City has strict policies regarding the use of background checks, criminal checks, and immigrant status for contract workers. The policies are incorporated into this Agreement and available for viewing on-line at http://www.seattle.gov/purchasing-and-contracting/social-equity/background-checks.
52
Background Checks and Immigrant Status
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.
53
Use of Hyperlinks and URLs in Submittals
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. Information and documentation requested for the evaluation process must be submitted in the format indicated in the solicitation instructions.
54
Cost and Pricing
Provide a fully-loaded hourly rate, including a breakdown of the total number of hours to complete the Work and a firm fixed price based on the Scope of Work and deliverables provided in the solicitation. Costs shall include all direct, indirect and overhead expenses, including travel and lodging expenses and any other allowable reimbursable costs incurred by the Consultant to perform the Work.Do not include contingency or assumptions in your cost proposal. Instead, you may include a separate breakdown for out-of-scope costs, including scope of work, hours and any assumptions for the City to consider in your proposal.The City may request additional clarification or a breakdown of the hours and costs with the top-ranking proposers.