City of Seattle

Criteria

Architectural Design Services for Fisher Pavilion Decarbonization and Revitalization

SC-2026-03

Evaluation Criteria

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Work is anticipated to commence shortly after execution of the contract and shall be performed over the course of the subsequent two (2) years with the following milestone targets: Commence Schematic Design11/1/2026 Complete Schematic Design (30% design)3/1/2027 Complete Design Development (60% design)6/1/2027 Complete Construction Documents (90% design)9/1/2027 Obtain Construction PermitEnd of Jan 2028 BID Advertisement – Publish Bid Package2/1/2028 Complete Construction Administration2/1/2029
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Protests

The City has rules to govern the rights and obligations of interested parties that desire to submit a complaint or protest to this process. See the City website at Solicitation and Selection Protest Protocols - Purchasing and Contracting | seattle.gov. Interested parties have the obligation to know of and understand these rules, and to seek clarification from the City. Note there are time limits on protests, and submitters have final responsibility to learn of results in sufficient time for such protests to be filed in a timely manner.Interested parties that wish to protest any aspect of this RFQ selection process shall provide written notice to the Procurement Contact within three (3) days. Note the City shall notify Federal Transit Administration if protesting a solicitation for contracts with FTA funds.
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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:Consultant must have experience providing design services for civic or institutional buildings in the last five (5) years. Submit a minimum of two (2) projects completed in the last ten (10) years, demonstrating the Consultant’s experience.Consultant must have experience with projects of similar scale, construction type, sustainability goals, and function listed in this RFQ. Submit a minimum of two (2) projects completed in the last ten (10) years, demonstrating the Consultant’s experience.Consultant must have or be able to obtain (prior to contract execution) a valid Washington State and City of Seattle business license and register with the Washington Secretary of State Corporations. See section 8.9 License and Business Tax Requirements.Consultant must be able to meet the City of Seattle consultant insurance requirements, per section 8.25 and attached Consultant Contract Insurance Requirements Transmittal Form.Consultant lead must be a licensed architect.
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The City has attached its boilerplate Consultant Agreement Template (see Attachments section) to allow Respondents to be familiar with the provisions, and the non-negotiable terms before submitting a response. The City may negotiate with the highest ranked apparent successful Respondent. The City reserves the right to make changes as the result of changes to laws or regulations including Federal, State or City regulations, and additionally notes that 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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Procurement Contact: Christian Mower, Project Funds and Agreements Coordinator, christian.mower@seattle.gov, (206) 719-3706Qualifications are to be submitted through the e-Procurement portal at https://procurement.opengov.com/portal/seattle, no later than 2:00 pm on Thursday, September 10, 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 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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Initial Screening

The City will review responses for responsiveness and responsibility. Equal Benefits, Minimum Qualifications, an Inclusion Plan, satisfactory financial responsibility and other elements are screened in this Step. Those found responsive and responsible based on an initial review shall proceed to the next step – review of proposal response. A significant failure to perform on past City projects may also be considered in determining the responsibility of a firm.
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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 City of Seattle, Seattle Center Department, Planning and Capital Development Division (PCD) is seeking an architectural consultant team to provide design services. The objective of this project is to decarbonize and revitalize the Fisher Pavilion to continue providing the high level of service and venue for another 25 years. HistoryOriginally built for the 1962 World’s Fair, with nearly 5,000 events on the 74‐acre, the Seattle Center campus attracts approximately 12 million visits annually. Visitors enjoy a variety of commercial and free programs, world‐class arts and cultural organizations, the Space Needle, the Pacific Science Center, Climate Pledge Arena, Marion Oliver McCaw Hall, Cornish Playhouse, Seattle Rep, the Seattle Children’s Theatre, Chihuly Garden and Glass, the Museum of Popular Culture, as well as active and quiet open spaces. DecarbonizationBuildings are one of the largest sources of pollution impacting the climate and environment. Seattle’s Building Emissions Performance Standard (BEPS) law addresses this by gradually transitioning existing buildings off polluting fossil fuels, requiring nonresidential buildings over 20,000 square feet to reach net-zero emissions between 2041 and 2050.Washington State has additional requirements under the Clean Building Performance Standard (CBPS). The objective of CBPS is to lower costs and pollution from fossil fuel consumption in the state’s existing covered buildings by requiring publicly owned district energy systems to develop a plan for up to 15 years to decarbonize the central plant and reduce energy use through conservation efforts at the central plant and connected buildings. Fisher PavilionCompleted in 2002, Fisher Pavilion is a 21,000 square foot facility with a 20,000 square foot rooftop space used for meetings, galas, wedding receptions, public and corporate events, and mid-sized trade and consumer shows. The facility is also used as a back-up emergency sheltering location for up to 1,000 people. GoalsAchieve decarbonization of the building by decoupling the building from the natural gas-powered Central Utility Plant, electrifying all building systems, exploring alternative fuel sources, and making improvements to the building envelope. Implement improvements to provide the flexibility required to make the building more functional and economically viable into the future for event use (lighting controls, lighting, audio, structural improvements, etc.)Implement life safety, accessibility, security, and other system improvements and upgradesMake necessary repairs to maintain a state of good repair and extend the life of the facility.
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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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Overview

The Consultant Team shall review all background information to date to inform the design, develop detailed scope and cost estimates, and implement the capital improvements. The Architect will assemble a team of subconsultants to provide expertise in the following areas:Alterations of existing facilities, including decarbonization, sustainability, accessibility improvements, and asset preservationStructural design, including structural grid and riggingElectrical, including lighting and low-voltage design, including building controls and access controlsPlumbing, including fire protection systemsThe Consultant will be responsible for project design from Schematic Design through Project Closeout.
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The purpose of this solicitation is to retain the services of a qualified consultant team led by an architectural firm with a proven record of delivering inspired design solutions and the qualifications necessary to achieve the project goals within the design, bid, build procurement method.The successful consultant team will be able to:Demonstrate experience designing renovations of public-use facilities and high quality, outstanding public gathering spaces, with similar scopes of work to those outlined in the Scope of Work section.Demonstrate experience designing public-use facilities to increase accessibility and meet ADA requirements.Demonstrate a commitment to sustainable design principles, including the use of recycled and/or locally sourced materials and decarbonization efforts.Demonstrate an understanding of the relevant codes, current and proposed design guidelines, planning documentation, and the City of Seattle Standard Plans for Municipal Construction. Provide solutions that are economical and feasible for implementation.Demonstrate experience identifying and securing all necessary local, state and federal permits.Demonstrate experience identifying program elements, and success of planning and construction cost estimating.Provide skilled consultants that have a strong record and experience, so the City is assured of getting dependable, responsive, proven, and expert services.Provide complete design and engineering services, from Schematic Design through Project Closeout. The design will include seamlessly integrated accessibility solutions as well as modifications and additions that rejuvenate the existing building.Lead the permit process; produce milestone documents for pricing and the final construction documents; and provide construction administration and inspection services through project closeout.
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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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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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Schematic Design Phase

Conduct a collaborative process workshop to confirm team structure and roles, define design goals and phase deliverables, establish a meeting and decision-making cadence.Review existing information, including drawings and studies.Create schematic design option for Seattle Center stakeholder presentation and feedback.Prepare preferred schematic design drawings incorporating comments and feedback.Create draft ADA Compliance Plan.Prepare professional cost estimation for construction of Preferred Schematic Design. Cost estimating at all phases of design and construction documentation should be done by an independent cost estimator, not the design lead. An independent cost estimator/firm can be included in the design team as a sub-consultant.Compile work product in a 11x17 milestone phase report, including architectural and system narratives, design meeting exhibits, meeting minutes, written responses to all Schematic Design Review comments, etc.
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Qualification Evaluation

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

The City intends to interview top ranked firms from the submittal evaluation. Consultants invited to interview are to bring the assigned key person(s) named by the Consultant in the Submittal and may bring other key team members named in the Submittal. The Consultant shall not bring individuals who are not on the project team without advance authorization by the Procurement Contact. An additional 100 points are available in the interview. Final rankings of firms shall be determined by the City, using the combined results of interviews and qualifications submittals.
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Pre-Submittal Conference

The City offers an optional pre-submittal conference at the time, date and location on the Solicitation Schedule. Respondents are highly encouraged to attend but are 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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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 timeframe, 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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Design Development Phase

Prepare Design Development drawings and Outline Specifications using CSI format.Prepare probable estimated cost of construction for the proposed work.Attend and present Design Development Plans and Outline Specifications.Compile work product in a 11x17 milestone phase report, including architectural and system narratives, design meeting exhibits, meeting minutes, written responses to all Design Development Review comments, etc.
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Construction Document Phase

Prepare all drawings, specifications, cost estimates and other documents necessary to support a contract for construction.Submit and present 90% Construction Documents and updated cost estimate for review and approval.Provide written responses to all 90% CD Review comments.Support permitting process and incorporate all review comments from SDCI.Prepare Bid Set Construction Documents incorporating all review comments from FAS Purchasing & Contracting.
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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 paidState of Washington Business LicenseEvidence of InsuranceSpecial Licenses (if any)Taxpayer Identification Number and Certification Request Form (W-9), if a new Consultant for the City and/or not in the City Accounting software.
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Questions

Respondents may submit their questions through the OpenGov Procurement Portal. 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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References

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

The City shall select the highest ranked Respondent(s) for award, including the qualification evaluation and the interview. 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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Bidding Phase

Provide technical support during the bidding process to include responses to bidder questions.Plan to attend two (2) contractor site walks.
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Insurance Requirements for Award

Proof of insurance is required, see Attachments for Consultant Contract Insurance Requirements Transmittal Form.
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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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Contract Negotiations

The highest-ranked Proposer will be asked to bring forward a fee schedule and pricing proposal for negotiation and discussion with the City. The City may negotiate any aspect of the proposal or the solicitation. The City cannot modify contract provisions mandated by Federal, State or City law: Equal Benefits, Audit (Review of Vendor records), WMBE and EEO, Confidentiality, Debarment, or mutual indemnification.
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Construction Phase

Prepare final 100% construction drawings and specifications.Provide construction administration.Lead coordination, attend weekly meetings, review submittals, respond to Requests for Information (RFIs), and ensure design compliance.Monitor progress, certify payments, conduct site visits and prepare field reports to ensure project aligns with design intent, contract requirements, and quality standards.
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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. The Procurement Portal requires you to acknowledge all addenda before submitting your response.
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Qualifications Submittal

Responses must be received by the City no later than the date and time in the Solicitation Schedule, 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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Close-Out

Review Contractor as-built information and closeout documentation to include record drawings and Operations & Maintenance Manual.
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Right to Award to next ranked Consultant

If the City and Consultant are unable to reach agreement during negotiations, the City may issue an Intent to Award to the next highest ranked responsive Consultant and enter into negotiations. 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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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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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, understandability and legibility 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 submittal by following the Instructions here: How to Edit or Withdraw your Proposal after it's been Submitted . 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 prior to the closing date through the Procurement portal 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 Respondent 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, proposal, or qualification 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/qualifications 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.
57

Background Checks and Immigrant Status

Background checks will not be required for workers that will be performing the work under this contract. The City has strict policies regarding the use of background checks, criminal checks, immigrant status, and/or religious affiliation for contract workers. The policies are incorporated into the contract 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.
59

Notification Requirements for Federal Immigration Enforcement Activities

Unless prohibited by federal law, prior to responding to any requests from an employee or agent of any federal immigration agency including the Immigration and Customs Enforcement (ICE), the U.S. Department of Homeland Security (DHS), Homeland Security Investigations (HSI), Enforcement Removal Operations (ERO), Customs and Border Protection (CBP), and U.S. Citizenship and Immigration Services (USCIS) regarding your City contract, Consultants shall notify the Project Manager immediately. Such requests include, but are not limited to: requests for access to non-public areas in City buildings and venues (i.e., areas not open to the public such as staff work areas that require card key access and other areas designated as “private” or “employee only”); orrequests for data or information (written or oral) about workers engaged in the work of this contract or City employees.No access or information shall be provided without prior review and consent of the City. The Consultant shall request the ICE authority to wait until the Project Manager is able to verify the credentials and authority of the ICE agent and will direct the Consultant on how to proceed.