City of Seattle
Criteria
On-Call Generation Engineering Services
RFQ SCL-767067388
Evaluation Criteria
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Protests
Interested parties that wish to protest any aspect of this RFQ selection process shall provide written notice to the Procurement Contact. Note the City shall notify Federal Transit Administration if protesting a solicitation for contracts with FTA funds.
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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.
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On-Call Generation Engineering Services Scope of Work
Contracts will be executed as a series of Work Authorization (WA’s). Specific Work Authorization will be developed with individual firms based on their expertise, availability, and performance. The scope, schedule, and budget for these task orders will vary and there is no guarantee of work.Those vendors chosen from this Request for Qualifications (RFQ) process will have an On Call Contract established. Contracts are based on expertise, availability, and performance outlined in the RFQ and the completion of the review process. Then, the contract is used to execute Work Authorizations that are specific to the work needed. Work Authorizations will be developed with individual firms based on the topic areas outlined in the contract.Work Assignments under this contract may include various types of inspection, condition assessment, analysis/evaluation, planning, design, engineering, and construction support services in support of work at City Light’s hydroelectric generation projects. It may include work necessary for capital or operation and maintenance (O&M) projects at City Light’s hydroelectric facilities, including dams, powerhouses, appurtenant structures (spillways, gates, valves, penstock, power tunnel, etc.), switchyards, transmission towers, and electrical distribution infrastructure and supporting facilities. Supporting facilities may include warehouses, roads, water and sewage systems, bridges, residences, and other buildings. In most cases, the work will deal with existing facilities, structures, or equipment. It may include mitigation work required by our operating licenses in areas at, near, or adjacent to City Light's hydroelectric facilities. Some Work Assignments may also be in support of work at other City Light facilities outside of our generation projects, such as for transmission, substation, distribution, and facilities work in the Seattle area. In addition, City Light is anticipating a need to increase generation capacity over the coming years which may not be possible solely through increasing hydroelectric capacity. Expertise by the Consultant in other types of generation and energy storage is desired, including how to incorporate such generation alongside existing hydroelectric generation assets.The work may consist of planning, analysis, conceptual design, options analysis, preliminary design, final design, assistance during fabrication, installation or construction, or project closeout. The work may include providing documentation required by other Agencies, for example, documentation required to obtain environmental or building permits. Meetings with City Light engineers and operations personnel, and visits to remote sites will be part of most Work Authorizations. Emergency response to unforeseen events may be required. Attending meetings, including meetings with regulatory agencies and public meetings, to explain, and possibly defend, the Consultant's design and recommendations, may be required.Deliverables, and their due date(s), will be specified with each Work Authorization. Deliverables may include, but will not be limited to, the following:Condition assessments and inspection reportsCost/benefit and performance analysesDesign basis memoranda and conceptual design alternatives/proposalsPreliminary and final (stamped) drawings, design reports, technical specifications, and design calculationsConstruction-related documentation, including schedules, work/test plans, and sequence of work plansReports (preliminary, final, or stamped) such as failure analyses, cost estimates, and benefit/cost analysesMonthly consultant progress reports and overall work schedules (for long-term assignments)Presentation materials for internal stakeholders, public audiences, or external agenciesContract administration and inspection documentation (e.g., quantity reports, daily inspection reports, transmittal logs, change orders)Asset registries, risk models, lifecycle cost analyses, governance tools, portfolio plans, and related asset management deliverables.Physical surveys signed/stamped by Professional Land Surveyor (PLS) licensed in the State of WashingtonDeliverables will generally be required both in paper form and as electronic files. Drawings shall be produced in accordance with the City Light Drafting and AutoCAD Requirements for Consultants. Technical specifications for public works construction shall be in Construction Specifications Institute (CSI) or American Public Works Association (APWA) format, as determined by the nature of the work and as directed by City Light.If a preliminary version of a deliverable is required prior to a final version, the submittal schedule may follow a 30-percent, 60-percent, 90-percent and 100-percent complete or other percent review as agreed to for each Work Authorization. Final Design Requirements:The Consultant shall typically provide the following deliverables for the Final (100-percent) design package:A design report including the design basis and criteria, assumptions, methods/standards used as well as how previous design comments were incorporated and resolved.Plans, specifications, and calculations stamped by a Professional Engineer licensed in the State of Washington that are complete and ready for bid advertisement.Code analysis including American with Disabilities Act (ADA), fire ratings, fire separations, egress, and safety of industrial and building facilities.A complete construction schedule which identifies all required tasks from bid advertisement through completion of construction.A final Engineer's construction cost estimate with an accuracy of plus 30 to minus 20 percent. All assumptions made by the Consultant regarding the Engineer's cost estimate shall be identified and explained.Electronic versions of the design deliverables shall be delivered to City Light, including Microsoft Word and PDF files of the report and specifications, AutoCAD files of drawings, and all computer analysis model input and output files.Upon receipt of the final design deliverable, City Light will submit final documents for bid advertisement, permit applications, or other use as appropriate. Construction support may be required and may include Evaluation of bids; Cost estimating; Providing facilitation and multidisciplinary SMEs participation for value engineering services; Overall construction management including coordination, preparing monthly progress reports, and preparing contractor progress payments; Construction phase services (RFI, design change, change orders, photos, site visits, inspections, reports); and punch list and close out.It should be noted that RCW 18.43.040 and 2000 c 172 s 1 as amended, includes the following: “An engineer must be registered as a structural engineer in order to provide structural engineering services for significant structures.”Certain City Light structures meet the RCW definition of a "significant structure” and will require design and stamping by a Structural Engineer licensed in the State of Washington. An SE stamp will be required where a professional engineer (PE) stamp is indicated above.Elements of Scope of Work identified under specific disciplines below may cross over disciplines, requiring expertise from other disciplines as well. Potential assignments listed herein are intended to provide examples of the type of work that may be required.Examples of types of work or projects:A. Electrical engineering assignments may include, but are not limited to:Instrumentation & Controls Crane Control SystemsPlant Automation Network Planning & DesignHuman Machine Interface (HMI) development Control Logix PLC Programming and troubleshootingSEL RTAC programmingProcess Monitoring & ControlSystem Control and Data Acquisition (SCADA) Design, Development & ProgrammingVarious Dam Gate Control Systems, Including Intake, Spillway gate, and Sluice Gate Controls115 kV & 242 kV SubstationGround Mat & Equipment GroundingSubstation Layout Design, including Transmission Line Termination and Bus LayoutExperience with both Air Insulated & SF6 Gas Insulated (GIS) Substation DesignControl Building Annunciation SystemsAC/DC Station Service Design, Including Panel SizingBattery & Charger SizingTransformers Up to 300 MVA and Up to 242 kVGenerator/Transformer condition assessment testsHydro Generation Facilities and Balance of Plant (BOP) Systems Experience with older (50 Year+) hydro generation plantsSynchronous Generators Design for up to 252 MVAAutomatic SynchronizersExcitation System Design, Including Rotary and Static ExcitationGovernor System DesignLightning ProtectionFire Detection/ProtectionEmergency Generator & Standby Power Sizing and DesignAlarm and Annunciation SystemsDistribution TransformersInstrumentation Transformers, Including Current, Potential, and Capacitor Coupled Voltage Transformers (CCVTs)Segregated and Non-Segregated Bus Duct DesignCable BusLow Voltage Switchgear, Motor Control Centers and Panelboards.Perform electrical surveys and assessments for aging equipment and systems.Switchgear & Power Center Sizing SpecificationStray Current detection and protection for floating structures and structures in waterPower System AnalysisSystem Protection Coordination StudyShort CircuitVoltage DropLoad FlowArc Flash StudiesMotor StartingProtective Relaying & MeteringSolid State Relaying Design and or ModificationDesign Relay Setting and Event Reporting for Protection of Synchronous Generator, Transformer Bank, 115 kV & 242 kV Line, and BusMeter Design, Both Analog and Solid-State Meters, Including Instrumentation Meters such as Amp, Volt, kW/kVAR, Frequency Meters, and Revenue Meters such as ION 8650 & Other Multi- Function MetersSolid-State and Analog Synchronizers InstallationsCommand & Control Communication SystemsDigital & Analog Microwave RadiosMobile RadiosJungleMUXB. Civil engineering assignments may include, but are not limited to:Hydraulic, hydrologic and hydrogeologic studiesRiver engineering and restoration including erosion, sedimentation, scour, large woody debris and in river structuresCoffer dams and water handling facilitiesRiverbank revetmentsReservoir debris boom design, including anchoragesRoads and trails layout and designGrading, excavation, and dewatering designShallow and deep foundation designTemporary erosion and sediment control facilities designSite layout and drainage designLandscape and irrigation designGeologic hazard, slope stability and stabilization evaluation and analysis including the design of hazard mitigation systems, earth retaining structures and rock stabilizationGeotechnical and geologic investigations and studies including soil explorations and testingSoils and groundwater monitoring and instrumentationConstruction inspectionSpill prevention control and countermeasure plans and design including oil containment systems, oil/water separation, and sumpsDomestic water and sewer distribution and treatment systems designMaterials testing and analysisBoat facilities including ramps, docks, piers and boat housesRecreation facilitiesC. Structural engineering assignments may include, but are not limited to:Hydraulic structures evaluation, analysis and design of dams, hydroelectric facilities including structural Finite Element Method (FEM)Design of equipment support structures and foundationsElectrical transmission and/or distribution line structure analysis and design and electrical conductor sag and tension calculations for modifications to existing structures or new structures, using PLS-CADD softwareExcavation shoring design and retaining wallsStructural design and analysis of new and existing bridges, buildings, and facilities such as dams, spillways, stilling basins, gates, penstocks, powerhouse structures, and water towersStructural inspections, load rating, load testing and evaluation of existing bridges per American Association of State Highway and Transportation officials (AASHTO), Federal Highway Administration (FWHA), Washington State Department of Transportation (WSDOT) and other applicable standardsStructural inspections, testing, and evaluation of buildings, facilities, and structural componentsSeismic analysis of structures and seismic retrofit designsDesign modifications or additions to existing dams and hydroelectric facilities Fall protection, access, and safety design including analysis of existing and design of new ladders, stairs, catwalks, accessways, and fall protection systemsDesign of underground structures such as water or electrical vaults and duct banks or pipingD. Mechanical engineering assignments may include, but are not limited to:Recommending types and sizes of various machines or systemsHeating, ventilation, air conditioning, and piping designSystem design for water, oil or compressed airFire protection for equipment rooms and generators analysis and designMetallurgical analysisAnalysis of gate or other system operationsProvide inspection services, expert advice and design for cathodic protection, protective coatings and inhibitorsEquipment failure analysisComputational Fluid Dynamics analysis of turbines, penstocks, draft tubes, and other hydro componentsGenerator and turbine bearing loading analysis and designGenerator and turbine shaft alignment analysisGenerator and turbine vibration analysisFinite Element Analysis of existing and new designsConsulting with equipment original equipment manufacturer (OEMs) for technical information, inspection, and testing
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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:The proposed team shall include five (5) key members who possess the requisite experience and qualifications as follows. Individuals may serve as more than one key member if they are qualified.Discipline Leads - Four (4) key members shall serve as discipline leads for Mechanical, Electrical, Civil, and Structural engineering. Each discipline lead must have a minimum of five (5) years of demonstrated experience within the past five (5) years providing engineering services for hydroelectric generation infrastructure in their respective discipline. These engineers must possess a valid Washington State Professional Engineer (PE) license in their discipline or hold a valid PE license from another state with the ability to obtain a Washington PE license by the contract execution date. At least one (1) of these four discipline leads must be employed by the prime consultant. Project Manager - One (1) key member shall serve as the designated Contract Project Manager. This individual must have a minimum of five (5) years of demonstrated experience leading multi-disciplinary teams on capital or maintenance projects at generation facilities or comparable heavy civil or industrial facilities. This key member must be employed by the prime consultant. Team Experience - The consultant team must demonstrate prior experience successfully managing and delivering on-call or task order contracts for electric utility clients.
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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.
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Initial Screening
The City will review responses for responsiveness and responsibility. Those found responsive and responsible based on an initial review shall proceed to Step 2. Equal Benefits, Minimum Qualifications, an Inclusion Plan (if applicable), satisfactory financial responsibility and other elements are screened in this Step. A significant failure to perform on past City projects may also be considered in determining the responsibility of a firm.
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Registration into the City's Procurement Portal
If you have not previously done so, register at: https://procurement.opengov.com/portal/seattle, then subscribe to the City’s Procurement Portal. The Procurement Portal is used by City staff to identify companies for future solicitation lists and check certifications. Women- and minority-owned firms are asked to self-identify their business as such in OpenGov. Registration in the City's Procurement Portal is required to submit a response to this solicitation.
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The term of the contract shall extend for a period of five (5) years from the date of the execution by the General Manager/Chief Executive Officer of City Light or their designee with the ability to be extended as needed at the sole discretion of the City Light. The initial contract amount for the entire duration of the contract will be $7,500,000.00 and may be split between multiple Consultants Under this Contract. The Consultant(s) will perform a body of work for an agreed cost and schedule as defined in a Work Authorization. Work under this Contract will be assigned to one of the awarded Consultants using Work Authorizations that contain scope and cost for a defined period of time.When City Light identifies a body of work to be completed under this Contract, City Light will request proposal(s) from Consultant(s) awarded under this Contract. The proposal(s) will be reviewed and evaluated, and the body of work will be assigned to the selected Consultant via Work Authorization. Additional Work Authorizations will be executed if needed to complete the body of work. Assuming the Consultant’s performance is satisfactory at City Light’s sole discretion, subsequent Work Authorizations will be issued to the Consultant initially retained for a given body of work. City Light reserves the right to request a proposal for any body of work from only one or more consultants awarded a contract as part of this RFQ process. Work to be performed under this Contract is anticipated to be intermittent in nature with work assigned to the Consultant (s) by City Light on an as-needed basis. City Light does not guarantee the amount, frequency, or type of work that City Light will authorize under the Contract. City Light reserves the right to issue future solicitations for firms to perform the types of work described within this Contract. Specific tasks will be negotiated between City Light and the Consultant(s) at the time the services are required by City Light. The scope of work and cost will be developed and agreed to within a written Work Authorization for each task. Each task may require services in any one, or a combination, of the listed disciplines listed in the Scope of Work. The specific scope, deliverables, estimated cost and scheduling of such services will be defined in detail in each work authorization issued by City Light and accepted by the Consultant(s).
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The City consultant contract is attached (See Attachments Section).The City has attached its boilerplate contract terms to allow Respondents to be familiar with boilerplate, and the non-negotiable terms before submitting a proposal. The City may negotiate with the highest ranked apparent successful Respondent. The City cannot modify contract provisions mandated by Federal, State or City law: Equal Benefits, Audit (Review of Vendor Records), WMBE and EEO, Confidentiality, and Debarment or mutual indemnification. Exceptions to those provisions will be summarily disregarded.
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There are no minimum qualifications required in order for a consultant to submit a response to this solicitation.
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The purpose of issuing this Request for Qualifications (RFQ) is to contract for On-Call Generation Engineering Services on an as-needed basis from qualified consulting firms to provide engineering and related project services for the Generation portfolio of Seattle City Light (City Light). City Light reserves the option of contracting with one or more Consultants through this RFQ process. Consultants may be comprised of teams of one or more firms and are encouraged to include Women and Minority Business Enterprise (WMBE) firms as part of the team. For the purposes of this RFQ, the term Consultant shall refer to the prime Consultant responding to this solicitation, inclusive of any subconsultants. It is anticipated that this RFQ will result in awarding a Contract to multiple prime consultants, henceforth referred to as Consultant(s) in this RFQ.This project will be done as a series of task orders (Work Assignments/Work Authorization/WA). It is the intention of City Light to award to multiple consultants and develop general contracts. Specific task orders (WAs) will be developed with individual firm’s based on expertise and performance by the consultant.The selected Consultant(s) will provide engineering and related professional services to assist City Light’s Generation Engineering, Operations, and Project Delivery teams. Refer to the Scope of Work below for the range of services that may be included.City Light owns and operates seven hydroelectric powerhouses from six dams owned by City Light which comprise the current Generation portfolio: Boundary Dam, Ross Dam, Diablo Dam, Gorge Dam, Newhalem Creek, and Cedar Falls Masonry Dam; and one dam owned by Seattle Public Utilities (SPU): South Fork Tolt Dam. Cedar Falls and Tolt are jointly operated and managed by City Light and SPU. All dams, with the exception of Cedar Falls, are regulated by the FERC as provided in the Code of Federal Regulations (CFR), Title 18, Part 12. Cedar Falls is regulated by the Washington State Department of Ecology (WA DOE). All dams are within the State of Washington.This work will be primarily funded by operation and maintenance (O&M) and capital improvement project (CIP) budgets allocated to Seattle City Light’s Generation Operations and Facilities.
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Procurement Contact: Laurie Russ, Sr. Contracts and Procurement Specialist , laurie.russ@seattle.gov, (206) 684-3363Qualifications are to be submitted through the e-Procurement portal at https://procurement.opengov.com/portal/seattle, no later than 1:00 pm on Wednesday, February 25, 2026.Unless authorized by the Procurement Contact, no other City official or employee may speak for the City regarding this solicitation until award is complete. Any Respondent contacting other City officials or employees does so at Respondent’s own risk. The City is not bound by such information.
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The City expects to achieve the following outcomes through this consultant solicitation:The Consultant(s) will be expected to provide a wide breadth of engineering expertise; capability to provide high quality services within schedule and budget on short notice during rapid response situations with local presence preferred. The Consultant(s) need to have demonstrated experience in the region on hydroelectric generation facilities. The City expects to retain highly qualified Consultant(s) with sufficient demonstrated depth and breadth of knowledge, experience and skills to support City Light Generation to achieve the following outcomes through this consultant solicitation:Provide engineering and technology services as needed to conduct or support inspections, studies, analyses, surveys, investigations, evaluations, condition assessments, root-cause analyses, etc. at City Light’s dams, powerhouses, and other related infrastructure and facilities.Provide engineering design services and engineering support during construction, primarily in electrical, mechanical, structural and civil engineering, as needed at City Light’s dams, powerhouses, and other related infrastructure and facilities.Provide other related professional services such as architectural, dam safety, geotechnical, environmental, project management, cost estimating, and construction services as needed at City Light’s dams, powerhouses, and other related generation/transmission-related infrastructure and facilities; andProvide expertise on other forms of generation and energy storage to assist in planning for increased generation capacity.
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Limited Debriefs
The City issues results and award decisions to all Respondents. The City provides debriefing on a limited basis for the purpose of allowing respondents to understand how they may improve in future solicitation opportunities.
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Pre-Submittal Conference
The City offers an optional pre-submittal conference at the time, date and location on the Timeline. Respondents are highly encouraged to attend but not required to attend to be eligible to submit their qualifications. The meeting answers questions about the solicitation and clarifies issues. This also allows Respondents to raise concerns. Failure to raise concerns over any issues at this opportunity will be a consideration in any protest filed regarding such items known as of this pre-submittal conference.
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Qualification Evaluation
Qualifications shall be evaluated using the evaluation criteria in the Evaluation Section.
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Questions
Respondents may submit their questions through the Procurement Portal. Respondents may also email questions to the Procurement Contact until the deadline stated in the Timeline. Failure to request clarification of any inadequacy, omission, or conflict will not relieve the Consultant of responsibilities under any subsequent contract. It is the responsibility of the interested Consultant to assure they receive responses to questions if any are issued.
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Interviews
The City may interview top ranked firms that are considered to be the most competitive. If interviews are conducted, rankings of firms shall be determined by the City, using the combined results of interviews and submittals. Consultants invited to interview are to bring the assigned key person(s) named by the Consultant in the Proposal, and may bring other key personnel named in the Proposal. The Consultant shall not bring individuals who do not work for the Consultant or are not on the project team without advance authorization by the Procurement Contact. If interviews are conducted, they will be worth the points listed in the Proposal Evaluation section.
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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.
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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.
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Changes to the RFQ
The City may make changes to this RFQ if, in the sole judgment of the City, the change will not compromise the City’s objectives in this solicitation. Any change to this RFQ will be made by formal addendum issued by the City, through the Procurement Portal at https://procurement.opengov.com/portal/seattle and shall become part of this RFQ.
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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
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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.
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Insurance Requirements for Award
Proof of insurance is required, see Attachments - Attachment B for Insurance Transmittal Form.
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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.
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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).
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Qualifications Submittal
Responses must be received by the City no later than the date and time in the Timeline, except as revised by Addenda. The submitter has full responsibility to ensure the response is submitted to the City's Procurement Portal within the deadline. The Procurement Portal will not allow vendors to upload submissions past the deadline.
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Respondent Responsibility to Provide Full Response
It is the Respondent's responsibility to respond in a manner that does not require interpretation or clarification by the City. The Respondent is to provide all requested materials, forms and information. The Respondent is to ensure the materials are submitted properly and accurately reflect the Respondent’s qualifications. During scoring and evaluation (prior to interviews if any), the City will rely upon the submitted materials and shall not accept materials from the Respondent after the RFQ deadline; this does not limit the City’s right to consider additional information (such as references that are not provided by the Respondent but are known to the City, or past City experience with the consultant), or to seek clarifications as needed.
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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.
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Prohibited Contacts
Respondents shall not interfere in any way to discourage other potential and/or prospective consultants from submitting or considering participation in the submittal process. Prohibited contacts includes but is not limited to any contact, whether direct or indirect (i.e. in writing, by phone, email or other, and by the Respondent or another person acting on behalf of the Respondent) to a likely firm or individual that may discourage or limit competition. If such activity is evidenced to the satisfaction and in sole discretion of the City department, the Respondent that initiates such contacts may be rejected from the process.
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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.
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License and Business Tax Requirements
The Consultant must meet all applicable licensing requirements immediately after contract award or the City may reject the Consultant. Companies must license, report and pay revenue taxes for the Washington State business License (UBI#) and Seattle Business License, if required by law. Carefully consider those costs before submitting an offer, as the City will not separately pay or reimburse such costs.Seattle Business Licensing and associated taxesIf you have a “physical nexus” in the city, you must obtain a Seattle Business license and pay all taxes due before the Contract can be signed. A “physical nexus” means you have physical presence, such as: a building/facility/employee(s) in Seattle, you make sales trips into Seattle, your own company drives into Seattle for product deliveries, and/or you conduct service work in Seattle (repair, installation, service, maintenance work, on-site consulting, etc). We provide a Consultant Questionnaire Form in our submittal package items later in this RFP/RFQ, and it will ask you to specify if you have “physical nexus”.All costs for any licenses, permits and Seattle Business License taxes owed shall be borne by the Consultant and not charged separately to the City. The apparent successful Consultant(s) must immediately obtain the license and ensure all City taxes are current, unless exempted by City Code due to reasons such as no physical nexus. Failure to do so will cause rejection of the submittal. The City of Seattle Application for a Business License and additional licensing information can be found this page here: https://www.seattle.gov/city-finance/business-taxes-and-licenses/business-licenses For Questions and Assistance, call the Revenue and Consumer Protection (RCP) office which issues business licenses and enforces licensing requirements. The general e-mail is tax@seattle.gov. The main phone is 206-684-8484. Self-Filing You can pay your license and taxes on-line https://www.filelocal-wa.gov/Default_FileLocal.aspx If a business has extraordinary balances due on their account that would cause undue hardship to the business, the business can contact the License and Tax Administration office at tax@seattle.gov or 206-684-8484 to request additional assistance. Those holding a City of Seattle Business license may be required to report and pay revenue taxes to the City. Such costs should be carefully considered by the Consultant prior to submitting your offer. When allowed by City ordinance, the City will have the right to retain amounts due at the conclusion of a contract by withholding from final invoice payments.
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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.
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Federal Excise Tax
The City is exempt from Federal Excise Tax.
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No Guaranteed Utilization
The City does not guarantee utilization of any contract(s) awarded through this RFQ process. The solicitation may provide estimates of utilization; such information is for Consultant convenience and not a usage guarantee. The City reserves the right to issue multiple or partial awards, and/or to order work based on City needs. The City may turn to other appropriate contract sources or supplemental contracts to obtain these same or similar services. The City may re-solicit for new additions to the Consultant pool. Use of such supplemental contracts does not limit the right of the City to terminate existing contracts for convenience or cause.
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Expansion Clause
The contract limits expansion of scope and new work not expressly provided for within the RFQ.Expansion for New Work (work not specified within the original Scope of Work Section of this Agreement, and/or not specified in the original RFQ as intended work for the Agreement) must comply with the following:(a) New Work is not reasonable to solicit separately; (b) is for reasonable purpose; (c) was not reasonably known by the City or Consultant at time of solicitation or was mentioned as a possibility in the solicitation (i.e. future phases of work, or a change in law); (d) is not significant enough to be regarded as an independent body of work; (e) would not attract a different field of competition; and (f) does not change the identity or purpose of the Agreement. The City may make exceptions for immaterial changes, emergency or sole source conditions, or other situations required in City opinion. Certain changes are not subject to these limitations, such as additional phases of Work anticipated during solicitation, time extensions, and Work Orders issued on an On-Call contract. Expansion must be mutually agreed and issued by the City through written Addenda. New Work performed before an authorizing Amendment may not be eligible for payment.The City reserves the right to independently solicit and award any New Work to another firm when deemed appropriate or required by City policy.
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Effective Dates of Offer
Solicitation responses are valid until the City completes award. Should any Respondent object to this condition, they must object prior to the Q&A deadline in the Timeline.
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Cost of Preparing Submittals
The City is not liable for costs incurred by the Respondent to prepare, submit and present qualifications, interviews and/or demonstrations.
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Readability
The City’s ability to evaluate submissions is influenced by the organization, detail, comprehensive material and readable format of the response.
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Changes or Corrections to Submittal
Prior to the submittal closing date and time established for this RFQ, a Consultant may change or correct its proposal by following the Instructions here: https://opengov.my.site.com/support/s/article/4f4218bf-7da6-4fc6-b0c3-7eade0776ebe. No change to a submission shall be made after the solicitation closing date and time.
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Errors in Submissions
Respondents are responsible for errors and omissions in their submissions. No error or omission shall diminish the Respondent’s obligations to the City.
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Withdrawal of Submission
A submittal may be withdrawn at any time through the Procurement portal prior to the closing date or by written request of the submitter.
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Rejection of Submissions
The City may reject any or all submissions with no penalty. The City may waive immaterial defects and minor irregularities in any submitted response.
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Incorporation of RFQ and Respondent Submission in Contract
This RFQ and Respondent’s submission, including promises, warranties, commitments, and representations made in the successful response once accepted by the City, are binding and incorporated by reference in the City’s contract with the Respondent.
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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.
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Equal Benefits
Seattle Municipal Code Chapter 20.45 (SMC 20.45) requires consideration of whether Consultants provide health and benefits that are the same or equivalent to the domestic partners of employees as to spouses of employees, and of their dependents and family members. The Consultant Questionnaire requested in the Response Materials and Submittal section includes materials to designate your equal benefits status.
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Women and Minority Subcontracting
The Mayor’s Executive Order and City ordinance require the maximum practicable opportunity for successful participation of minority and women-owned subcontracts. All proposers must agree to SMC Chapter 20.42, and seek meaningful subconsultant opportunities with WMBE firms. The City requires a plan for including minority- and women-owned firms, which becomes a material part of the contract. The Plan must be responsive in the opinion of the City, which means a meaningful and successful search and commitments to include WMBE firms for subcontracting work. The City reserves the right to improve the Plan with the winning Consultant before contract execution. Consultants should use selection methods and strategies sufficiently effective for successful WMBE participation. At City request, Consultants must furnish evidence such as copies of agreements with WMBE subconsultants either before contract execution or during contract performance. The winning Consultant must request written approval for changes to the Inclusion Plan once it is agreed upon. This includes changes to goals, subconsultant awards and efforts.WMBE firms need not be state certified to meet the City's WMBE definition. The City defines WMBE firms as at least 51% (percent) owned by women and/or minority. To be recognized as a WMBE, register on the City’s Procurement Portal. Federally funded transportation projects require a Disadvantaged Business Enterprises (DBE) program; for that program, firms must be certified by the Washington State Office of Minority and Women Business Enterprises (OMWBE).
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Insurance Requirements
Any special insurance requirements are provided as an Attachment. If attached, provide proof of insurance and additional insured endorsement policy language to the City before Contract execution. The apparent successful Proposer must promptly provide proof of insurance to the City upon receipt of the notice of intent to award.Consultants are encouraged to immediately contact their Broker to begin preparation of the required insurance documents, if the Consultant is selected as a finalist. Respondents may elect to provide the requested insurance documents within their Submittal.
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Proprietary Materials
The State of Washington’s Public Records Act (Release/Disclosure of Public Records): Under Washington State Law (reference RCW Chapter 42.56, the Public Records Act) all materials received or created by the City of Seattle are considered public records. These records include but are not limited to bid or proposal submittals, agreement documents, contract work product, or other bid material. The State of Washington’s Public Records Act requires that public records must be promptly disclosed by the City upon request unless that RCW or another Washington State statute specifically exempts records from disclosure. Exemptions are narrow and explicit and are listed in Washington State Law (Reference RCW 42.56 and RCW 19.108).Respondents must be familiar with the Washington State Public Records Act and the limits of record disclosure exemptions. For more information, visit the Washington State Legislature’s website at http://app.leg.wa.gov/rcw/default.aspx?cite=42.56.If you have any questions about disclosure of the records you submit with your response, contact the Procurement Contact named in this document.Marking Your Records Exempt from Disclosure (Protected, Confidential, or Proprietary)As mentioned above, all City of Seattle offices (“the City”) are required to promptly make public records available upon request. However, under Washington State Law some records or portions of records are considered legally exempt from disclosure and can be withheld. A list and description of records identified as exempt by the Public Records Act can be found in RCW 42.56 and RCW 19.108.If you believe any of the records you are submitting to the City as part of your bid/proposal or contract work products, are exempt from disclosure you can request that they not be released before you receive notification. To do so you must complete the City Non-Disclosure Request Form (“the Form”) provided by the City (see page 4 on the Consultant Questionnaire) and very clearly and specifically identify each record and the exemption(s) that may apply. (If you are awarded a City contract, the same exemption designation will carry forward to the contract records.)The City will not withhold materials from disclosure simply because you mark them with a document header or footer, page stamp, or a generic statement that a document is non-disclosable, exempt, confidential, proprietary, or protected. Do not identify an entire page as exempt unless each sentence is within the exemption scope; instead, identify paragraphs or sentences that meet the specific exemption criteria you cite on the Form. Only the specific records or portions of records properly listed on the Form will be protected and withheld for notice. All other records will be considered fully disclosable upon request.If the City receives a public disclosure request for any records you have properly and specifically listed on the Form, the City will notify you in writing of the request and will postpone disclosure. While it is not a legal obligation, the City, as a courtesy, will allow you up to ten business days to file a court injunction to prevent the City from releasing the records (reference RCW 42.56.540). If you fail to obtain a Court order within the ten days, the City may release the documents.The City will not assert an exemption from disclosure on your behalf. If you believe a record(s) is exempt from disclosure you are obligated to clearly identify it as such on the Form and submit it with your solicitation. Should a public record request be submitted to Purchasing for that record(s), you can then seek an injunction under RCW 42.56 to prevent release. By submitting a bid document, the bidder acknowledges this obligation; the proposer also acknowledges that the City will have no obligation or liability to the proposer if the records are disclosed.Requesting Disclosure of Public RecordsThe City asks bidders and their companies to refrain from requesting public disclosure of bids until an intention to award is announced. This measure is intended to protect the integrity of the solicitation process particularly during the evaluation and selection process or in the event of a cancellation or re-solicitation. With this preference stated, the City will continue to be responsive to all requests for disclosure of public records as required by State Law. If you do wish to make a request for records, visit https://www.seattle.gov/public-records/public-records-request-center.
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Ethics Code
Familiarize yourself with the City Ethics code: http://www.seattle.gov/ethics/etpub/et_home.htm. For an in-depth explanation of the City’s Ethics Code for Contractors, Vendors, Customers and Clients, visit: http://www.seattle.gov/ethics/etpub/faqcontractorexplan.htm. Any questions should be addressed to Seattle Ethics and Elections Commission at 206-684-8500.No Gifts and Gratuities.Consultants shall not directly or indirectly offer anything (such as retainers, loans, entertainment, favors, gifts, tickets, trips, bonuses, donations, special discounts, work, or meals) to any City employee, volunteer or official, if it is intended or may appear to a reasonable person to be intended to obtain or give special consideration to the Consultant. An example of this is giving sporting event tickets to a City employee who is also on the evaluation team of a solicitation to which you submitted or intend to submit. The definition of what a “benefit” would be is broad and could include not only awarding a contract but also the administration of the contract or evaluating contract performance. The rule works both ways, as it also prohibits City employees from soliciting items from Consultants.Involvement of Current and Former City Employees.The Consultant Questionnaire within your submittal documents prompts you to disclose any current or former City employees, official or volunteer that is working or assisting on solicitation of City business or on completion of an awarded contract. Update that information during the contract.Contract Workers with over 1,000 Hours.The Ethics Code applies to Consultant workers that perform over 1,000 cumulative hours on any City contract during any 12-month period. Any such employee must abide by the City Ethics Code. The Consultant is to be aware and familiar with the Ethics Code accordingly.No Conflict of Interest. Consultant (including officer, director, trustee, partner or employee) must not have a business interest or a close family or domestic relationship with any City official, officer or employee who was, is, or will be involved in selection, negotiation, drafting, signing, administration or evaluating Consultant performance. The City shall make sole determination as to compliance.Campaign Contributions (Initiative Measure No. 122)Elected officials and candidates are prohibited from accepting or soliciting campaign contributions from anyone having at least $250,000 in contracts with the City in the last two years or who has paid at least $5,000 in the last 12 months to lobby the City. See Initiative 122, or call the Ethics Director with questions.
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Background Checks and Immigrant Status
The City may require background checks for the Consultant, as well as some or all of their employees and contracted workers who may perform work under this Agreement. The City reserves the right to require such background checks at any time. The City has strict policies regarding the use of background checks, criminal checks, and immigrant status for contract workers. The policies are incorporated into this Agreement and available for viewing on-line at http://www.seattle.gov/purchasing-and-contracting/social-equity/background-checks.
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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.