26-015QP_-_RFQ.pdf

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City of Seattle

REQUEST FOR QUALIFICATIONS

Consultant Contract

26-015QP: AAC Roosevelt Pinehurst Way NE Project Construction

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Funding: Federal Highway Administration (FHWA)

Federal Award Identification Number (FAIN): NHPP-1611(005)

Award Name: Roosevelt Way

CFDA#: 20507

Procurement Schedule

Table 1: Procurement Schedule

The City reserves the right to modify this.

Changes will be posted on the City website or as otherwise stated.

Schedule of Events Date/Time

Solicitation Release Wednesday, July 22, 2026 @ 8AM

Mandatory Pre-Submittal Conference [Virtual Teams Meeting]

Thursday, July 30, 2026 @ 1PM

Deadline for Questions Wednesday, August 12, 2026 @

4PM

Response Deadline Wednesday, August 19, 2026 @

4PM

Interviews Week of September 21, 2026

Contract Execution Q4 2026 https://teams.microsoft.com/l/meetup-join/19%3ameeting_MjVkYjAxZGMtNjVkYy00YmQyLWEwNTAtNGQwOTJmYTZhMjRh%40thread.v2/0?context=%7b%22Tid%22%3a%2278e61e45-6beb-4009-8f99-359d8b54f41b%22%2c%22Oid%22%3a%224829c2f3-1ac9-46cc-934f-84c046bee391%22%7d

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Procurement Contact Information

Procurement Contact: Rachel Greene, Sr. Contracts Specialist, rachel.greene2@seattle.gov

Table 2: Delivery Address

It is important to use the correct address for the delivery method you chose.

Procurement Platform

Submit all Consultant Documents through OpenGov:

https://procurement.opengov.com/portal/s eattle

The City of Seattle in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its programs and activities. This material can be made available in an alternate format by emailing Tom Hewitt at DOT_ADAProgram@Seattle.gov or by calling 206-615-1974.

Title VI Statement The City of Seattle, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

EEO Statement All prospective consultants are advised that federally funded projects will be held to federal Equal Employment Opportunity (EEO) requirements.

Prohibited Contact Unless authorized by the Procurement Contact, no other City official or employee may speak for the City regarding this solicitation until award is complete. Any Proposer contacting other City officials or employees does so at Proposer’s own risk. The City is not bound by such information.

Table of Contents

1. Purpose and Background

2. Performance Schedule

3. Solicitation Objectives

4. Reserved

5. Scope of Work

6. Contract Modifications mailto:rachel.greene2@seattle.gov https://procurement.opengov.com/portal/seattle https://procurement.opengov.com/portal/seattle https://procurement.opengov.com/portal/seattle mailto:DOT_ADAProgram@Seattle.gov

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7. Procedures and Requirements

8. Response Materials and Submittal

9. Selection Process

10. Award and Contract Execution

1. Purpose and Background.

The City of Seattle, through its Seattle Department of Transportation (SDOT), requests Statements of Qualifications, with the goal of hiring for the following key staff:

1 full time Resident Engineer, 2 full time Construction Inspectors, ¾ time Change Order/Scheduling specialist, ½ time Office Engineer, ½ Doc Control/Contract Admin, and 1 part time Outreach support to provide Construction Management (CM) services on the AAC Roosevelt Pinehurst Way NE project, as part of the overall CM team managing the construction contract for the project.

AAC Roosevelt Pinehurst Way NE The AAC Roosevelt Pinehurst Way NE Project is pavement preservation work (a 2" asphalt mill & overlay) on Roosevelt Way and Pinehurst Way NE between NE 92nd St and 15th Ave NE. This pavement preservation project (a mill & overlay) is intended to extend the life of the existing pavement structure by 10 to 20 years. The project was awarded an $8.7M PSRC preservation grant. Scope of AAC work is typical of completed projects. Base repairs, ADA curb ramps, Stormwater Code mandated drainage improvements, striping & signal loop restoration, and the final surfacing course will all be covered by AAC. Additional improvements and funding for those will be identified during the Complete Streets planning process.

Construction Contract Information

• Estimated construction contract value: $11 million

• Estimated pre-construction services (contract document review): December 2026

• Estimated construction duration: December 2026 – January 2028

• Estimated construction closeout: January 2028 – June 2028

Work will be accomplished in accordance with the FHWA reviewed project Plans and Specifications advertised for construction.

For additional project information, please see the project website:

Roosevelt and Pinehurst Way NE Paving & Safety Project - Transportation | seattle.gov

The successful initiation and completion of this project are contingent on receiving federal funding.

2. Performance Schedule.

The Seattle Department of Transportation intends to execute the consultant construction management contract in December 2026, and the contract is expected to be completed in https://seattle.gov/transportation/projects-and-programs/current-projects/roosevelt-and-pinehurst-way-ne

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January 2028. Completion date may be extended if additional phases are added. Construction closeout is anticipated to last six (6) months.

The City anticipates possibly awarding an initial contract amount of $2,200,000 and an initial duration of 2 years. The initial contract value and duration may be increased in varying contract dollar amounts and time. This project is anticipated to be federally funded in part through FHWA, administered in part through the Washington State Department of Transportation, and may be funded through other federal funds or Agencies.

This solicitation may be subject to one or more financial assistance contracts between the City of Seattle and the U.S. Department of Transportation. The Submitter is required to comply with all terms and conditions prescribed for third party contracts in this solicitation.

3. Solicitation Objectives.

The City expects to achieve the following outcomes through this consultant solicitation:

Assemble a highly skilled consultant Construction Management team with resident engineering, inspection, schedule review, change order specialist and office engineering professionals that have a strong record and experience in Construction Management, leading the project to successful completion through dependable, responsive, proven, and expert services. The consultant CM team hired through this solicitation will be fully integrated into the broader SDOT CM team and will play a key role in managing all the construction documentation from pre-construction through and including closeout of the construction contracts.

4. Reserved.

5. Scope of Work.

SDOT has identified the following core functions in this scope of work:

• Resident Engineer Services

• Inspection Services

• Schedule Reviewer

• Change Order Specialist

• Office Engineering Services – Document Control/Contract Administration Services

• Outreach Support

A core function is any element of a particular scope of work which SDOT is certain will be performed and completed through all phases of this Contract. Consultants must focus on the core functions when developing meaningful and realistic integration of SBE roles in proposed Inclusion Plans.

The consultant selected for this contract must coordinate with other members of the CM team that may or may not be under a separate contract with SDOT. Work will be accomplished in accordance with FHWA construction documentation requirements.

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Pre-Construction – Consultant tasks may include but are not limited to:

• Review project plans, specifications, and estimate (PS&E) and the Contract Documents.

• Review memoranda of agreement between SDOT and other funding agencies to understand funding allocation mechanisms and roles/responsibilities.

• Assist the City with responding to contractor submittals.

• Document pre-existing conditions, including photographs and/or videos.

• Set up project files, both electronic and hard copy, per the City-provided Construction Management Project File Structure.

• Review project plans, specifications, and funding splits, in preparation to administer the contract.

• Set up Engineer of Record review/approval process.

• Attend SDOT training for Field Construction Record (FCR), payment, and document control procedures.

• Prepare and print agendas for the internal project kick-off meeting, attend the meetings, and take meeting minutes.

• Prepare and print agendas for the pre-construction meeting, attend the meeting, and take meeting minutes. Ensure required submittals are provided by the Contractor at the pre-construction meeting if they haven’t been submitted prior.

• Distribute pre-construction meeting minutes to attendees.

• Review Critical Path Method Schedule and Traffic Control Plans

• Provide review and support to design team associated with the environmental permits needed to complete the project.

Construction – Consultant tasks may include but are not limited to:

• Provide Resident Engineer, General/Environmental Inspection, Schedule Review, Change Order Specialist and Office Engineering Services, Outreach specialist

Field - Throughout construction, the Consultant may be asked to lead or supplement the Engineer’s field staff with a Resident Engineer, Assistant Resident Engineer, General/Environmental Inspector, Schedule Reviewer with tasks including the following:

• Resident Engineer, Assistant Resident Engineer and General/Environmental Inspectors must have ample experience expertise, and certifications in construction inspection services in various Engineering disciplines including civil/structural (earthwork, paving, drainage), utilities such as sewer, water (waterline replacement/relocation) and drainage, electrical (traffic signal, street lighting, overhead contact system), traffic control, landscaping, and installation, contaminated soils, and urban design. Inspection is on a full-time basis and daily reporting of construction activities is required.

(Note: Inspectors must be familiar with City of Seattle Standard Specifications and Drawings, Seattle City Light Construction Standards, WSDOT Standard Specifications and Drawings, and other industry and local, state and federal government standards and criteria.)

• Specialty Inspection: Throughout construction, the Consultant may be asked to provide

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Archeological, Environmental, Outreach and Arborist service support. The City may elect to supplement all, or portions of the specialty inspection through other contracts or its own resources. The selected CM team will be required to coordinate with SDOT’s provided team and must be responsible for the document control for these specialty inspection items.

• Assist with the Administration of Contractor progress payments including:

o Measurement and calculation of quantities of work-in-place also tracked by the appropriate funding source.

o Preparation of field construction records (FCR’s) documenting work completed;

oversee and track force account (FA) work as required; oversee and manage the documentation required for payment of materials on hand (MOH); create, track, monitor and maintain cost to complete documents.

o Implementation and continuing operations to ensure that payments are accurate, costs are properly allocated, and funding is not exceeded.

• Provide oversight, inspection, monitoring, coordination, and documentation of Contractor’s activities in the construction of the Project; ensure compliance with Project plans and specifications; and facilitate project activities requiring coordination and planning with King County Metro, Seattle Public Utilities, Seattle City Light, Port of Seattle, Union Pacific and BNSF railroads, and other public and private stakeholders in the completion of the work.

• Provide overall day-to-day construction management including coordination with City, Contractor, and other departments and stakeholders; review of agenda and meeting minutes for weekly construction and pre-activity meetings as prepared by the Contractor;

preparation of agenda and meeting minutes for internal Construction Management team meetings held without the Contractor; documentation of correspondence with Contractor, internal CM team representatives and public and private stakeholders; preparation of monthly progress reports; preparation of draft summaries of weekly work to be incorporated into the department’s bi-weekly Construction Report; and preparation of documentation for contractor monthly progress payment.

• Review, track, analyze and comment on contractors’ Baseline and ongoing update schedules.

• Act as the SDOT’s Representative with other City departments, Contractors, designers, other public agencies, property owners, and utilities, including conducting meetings on behalf of the City as needed.

• Make technical interpretations of the drawings, specifications, and contract documents.

• The Consultant must support the SDOT communications and public engagement staff during construction. SDOT will have lead role in community engagement decisions, media relations, and communications with elected officials. All work performed must be in accordance with SDOT and City of Seattle guidelines as applicable.

o Tasks and deliverables can include: development and implementation of inclusive outreach and public engagement plans; materials creation; project email communications management; listserv emails; direct mail creation and mailing coordination; website updates; planning, coordinating, and staffing online and in-person public meetings, including one-on-one stakeholder meetings; database management; graphic design support; composition and posting of social media content, blog posts, and travel alerts; and attending project team meetings and taking notes.

o Consultant response to public and partner inquiries will include monitoring project phone and email lines, as well as preparing responses to all questions ready for approval.

• Respond to and/or facilitate responses to requests for information (RFIs), submittals and

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• Evaluate design changes, design clarifications and other requested deviations from approved design and/or coordinate evaluations and interpretations with the appropriate authorities. Ensure compliance with City, State, and Federal standards.

• Evaluate change, determine entitlement and/or potential schedule and budget implications, and independently assess cost estimate requests for additional compensation in accordance with SDOT’s Construction Administration Manual (CAM) and the Contract Documents;

negotiate with the Contractor for final terms, prepare changer orders and associated back-up materials, and obtain SDOT’s review and concurrence prior to execution; maintain current Potential Change Order (PCO) Log.

• Ensure Inspector Daily Reports (IDRs), weekly statements of working days, and daily traffic control reports are completed regularly and in the file.

• Review Pay Requests, IDR’s, Field Memos and other correspondence generated by the Contractor or other members of the CM team under separate contract with the SDOT.

• Coordinate material testing with Engineer, SPU or a third-party Materials Testing Lab, Environmental Agencies, and City.

• Prepare photo documentation of the work, titled by location and date.

• Coordinate final inspections and punch list activities.

• Maintain a full-size set of red-line as-built plans as the construction progresses for the entire project, coordinate the inclusion of any Contractor provided as-builts/red-lines, and prepare some intermediate submittals of as-builts/red-lines to the City for drafting and inclusion into the SPU Records Vault. Submission of as-builts/red-lines must be per the SPU formatting requirements and must be submitted per the frequency agreed to with SPU.

• Coordinate and support the efforts of the public outreach Consultant and/or the City’s internal communication staff as necessary to inform the many heavily impacted stakeholders of construction impacts; the communications team will provide broad area communication through website updates, other social media outlets press releases, monthly updates, and targeted stakeholder briefings and will require involvement by the CM team and contractor to assist in keeping the public and stakeholders in general informed with the latest project information; CM team may assist the Outreach personnel with their coordination efforts with the Contractor’s outreach personnel to avoid duplication of activities.

• Participate in “kick off” meeting with City staff.

• Prepare for and participate in and/or facilitate construction meetings with contractor and City staff.

• Participate in contractor evaluation process (360 review) with City staff and contractor.

• Coordinate with and support the SDOT Environmental group.

• Attend monthly project meeting with SDOT to provide environmental mitigation and permit updates.

• Monitor and track environmental mitigation commitments as identified in the environmental Documented Categorical Exclusion (DCE) and DCE re-evaluation documents.

• Provide archaeological services if required by the SDOT

• Provide review and support to design team as associated with the environmental permits needed to complete the project.

Office – Throughout construction, the Consultant may be asked to assist the SDOT’s internal Office Engineer with the following:

• Participate in “kick off” meeting with City staff.

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• Scan, print, and file electronic and hard copies of project files per the SDOT CM Project File Structure. Ensure project files are up to date at all times.

• Prepare and print agendas for weekly progress meetings internally and with the Contractor, attend the meeting, and take meeting minutes. Distribute meeting minutes to attendees.

• Coordinate and attend 360 Project Review meetings, attend meeting, take meeting minutes, and distribute minutes to attendees.

• Make technical interpretations of the plans, specifications, and contract documents. Ensure compliance with City, State, and Federal standards.

• Act as main coordinator for all requests for information (RFIs) and submittals, ensuring response timelines are met for both. Combine responses from Engineer(s) of Record and combine into one response as necessary. Maintain RFI and submittal log to track status and responses.

• Distribute and file design changes, field memos, and other correspondence generated by the Contractor or other members of the CM team.

• Review and route executed Change Orders to the Contractor and applicable City staff.

• Ensure Inspector Daily Reports (IDRs), weekly statements of working days, and daily traffic control reports are completed regularly and in the file.

• Administer monthly Contractor progress payments including:

o Measurement and calculation of quantities of work-in-place also tracked by the appropriate funding source.

o Review and creation of FCRs for accuracy and auditability.

o Preparation of monthly Cost at Completion reports showing quantities and payment amounts for the current pay period as well as cumulatively for the contract-to-date.

o Implementation and continuing operation of a control system to ensure that payments are accurate, and funding is not exceeded.

• Distribute construction notices, including but not limited to the Notice to Proceed, Notice of Substantial Completion, Notice of Final Inspection, etc.

• Ensure a full-size set of red-line as-built plans are being maintained and regularly updated for the entire project.

Post-Construction – Consultant tasks may include but are not limited to:

• Evaluate claims if needed, including impact analysis.

• Prepare claims initiated by the City, including analysis and negotiations for a resolution.

• Perform Close-out activities and evaluation of project documentation for auditing purposes.

• Forward final project red-line changes in the work to CE.

• Participate in final contractor evaluation process (contractor review)

• Participate in “lessons learned” meeting.

• Ensure all project IDRs and as-builts are submitted to the City.

• Other close-out activities and evaluation of project documentation for auditing purposes

After Physical Completion is issued, Consultant may be asked to assist the SDOT’s internal Office Engineer with the following:

• Prepare archive boxes to send to City storage and ensure files are complete.

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• Assist with preparing and processing the final payment to the Contractor.

• Compile project IDRs and as-builts for submission to SPU.

• Other close-out activities and evaluation of project documentation for auditing purposes

6. Contract Modifications.

The City Consultant contract is attached (See Attachments Section).

The City has attached its boilerplate contract terms to allow Proposers to get familiar with the City’s non-negotiable terms and conditions prior to investing time into submitting a proposal.

The City may negotiate with the highest ranked apparent successful Proposer. The City reserves the right to require changes that are a result of changes made by laws or regulations including of the Federal, State or City regulations. The City cannot modify contract provisions mandated by Federal, State or City law: to: Equal Benefits, Audit (Review of Vendor Records), FSBE and EEO, Confidentiality, and Debarment or mutual indemnification. Exceptions to those provisions will be summarily disregarded.

7. Procedures and Requirements.

This section details City instructions and requirements for your submittal. The City reserves the right in its sole discretion to reject any Consultant response that fails to comply with the instructions.

7.1 Registration into the City of Seattle Procurement Portal Powered by OpenGov

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.

(see section 7.25). For assistance, email FAS_PC@Seattle.gov.

For Federal-aid projects, Consultants are required to register at the System for Award Management (SAM - SAM.gov). Prior to executing an agreement, SDOT must verify Consultant status with SAM to determine if the Consultant has been excluded from bidding on a federal aid contract. SAM is the electronic version of the Lists of Parties Excluded from Federal Procurement and Nonprocurement Programs, which identifies those parties that have been suspended, debarred, or otherwise excluded from bidding on federal procurement and non-procurement contracts.

7.2 Pre-Submittal Conference

The City offers an optional pre-submittal conference at the time, date and location on page 1.

Proposers are highly encouraged to attend but not required to attend to be eligible to submit. The meeting answers questions about the solicitation and clarifies any issues or concerns. Failure to raise concerns over any issues at this opportunity will be a consideration in any protest filed regarding such items known as of this pre-proposal conference.

https://procurement.opengov.com/portal/seattle mailto:FAS_PC@Seattle.gov

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7.3 Questions.

Consultants may submit questions to the City’s procurement platform OpenGov until the deadline stated on page 1, or as otherwise amended. 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 ensure they receive responses to questions if any are issued.

7.4 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 written addendum issued by the City and must become part of this RFQ.

7.5 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 as posted on OpenGov. 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 and encourages potential submitters to go directly to the City’s procurement platform. Further, while many firms are using AI note-taking features, any such records are not considered the definitive,legal record. Rather, the City provides the record of all addenda and any pre-submittal notes, which are posted and made publicly available in OpenGov.

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.

7.6 Proposal Submittal.

a) Submittals must be received by the City no later than the date and time on page 1 except as revised by Addenda.

b) All pages are to be numbered sequentially, and closely follow the requested formats.

c) The City has page limits specified in the Response Format section 8. Any pages that exceed the page limit will be excised from the document for purposes of evaluation.

d) The submitter has full responsibility to ensure the response arrives at the City within the deadline. A response delivered after the deadline may be rejected unless waived as immaterial by the City given specific fact-based circumstances.

7.7 Reserved.

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7.8 Electronic Submittal.

Proposers must upload their electronic submittal to SDOT’s selected procurement platform OpenGov for document submittal (see table 2). Proposers are responsible for uploading a complete and responsible submittal package within the stated procurement schedule (see table 1).

7.9 Proposer Responsibility to Provide Full Response.

It is the proposer’s responsibility to respond in a manner that does not require interpretation or clarification by the City. The Proposer is to provide all requested materials, forms and information.

The Proposer is to ensure the materials submitted properly and accurately reflect the proposer’s offering. During scoring and evaluation (prior to interviews if any), the City will rely upon the submitted materials and must not accept materials from the Proposer 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 proposer but are known to the City, or past City experience with the Consultant), or to seek clarifications as needed.

7.10 Prohibited Contacts.

Proposers must not interfere in any way to discourage other potential and/or prospective proposers from proposing or considering a proposal process. Prohibited contacts includes but is not limited to any contact, whether direct or indirect (i.e. in writing, by phone, email or other, and by the Proposer or another person acting on behalf of the Proposer) to a firm or individual that is intended, in the opinion of the City, to discourage or limit competition. If such activity is evidenced to the satisfaction and in sole discretion of the City department, the Proposer that initiates such contacts may be rejected from the process.

7.11 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 taxes.

a. If 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.

b. 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).

c. We provide a Consultant Questionnaire Form in our submittal package items later in this RFQ, and it will ask you to specify if you have “physical nexus”.

d. All costs for any licenses, permits and Seattle Business License taxes owed must be borne by the Consultant and not charged separately to the City.

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e. 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.

f. 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

g. 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.

h. Self-Filing You can pay your license and taxes on-line: https://www.filelocal-wa.gov/Default_FileLocal.aspx

i. 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.

j. 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.

7.12 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 must be borne by the Consultant and not charged separately to the City.

Instructions and applications are at http://bls.dor.wa.gov/file.aspx and the State of Washington Department of Revenue is available at 1-800-647-7706.

7.13 Federal Excise Tax. The City is exempt from Federal Excise Tax.

7.14 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 resolicit 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.

7.15 Expansion Clause.

The contract limits expansion of scope and new work not expressly provided for within the RFQ.

https://www.seattle.gov/city-finance/business-taxes-and-licenses/business-licenses https://www.seattle.gov/city-finance/business-taxes-and-licenses/business-licenses mailto:tax@seattle.gov https://www.filelocal-wa.gov/Default_FileLocal.aspx https://www.filelocal-wa.gov/Default_FileLocal.aspx http://bls.dor.wa.gov/file.aspx

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Generally, all work including option and option pricing must be priced and agreed upon in the Agreement. However, this Agreement scope may be expanded for new or revised work in compliance with changes and amendment options afforded to the City of Seattle as a federal grant recipient provided for within 2 CFR 200 and in compliance with state law, and City requirements. Generally new or modified work (a) may not have been reasonably known by the City or Consultant at time of solicitation, (b) would not attract a different field of competition, (c) does not change the identity or main purpose of the Agreement, (d) and otherwise does not result in a cardinal change in scope or size of 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 for new or revised work 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.

7.16 Effective Dates of Offer.

Solicitation responses are valid until the City completes award. Should any proposer object to this condition, the proposer must object prior to the Q&A deadline on page 1.

7.17 Cost of Preparing Proposals.

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

7.18 Readability.

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

7.19 Changes or Corrections to Proposal Submittal.

Prior to the submittal due date, a Consultant may change its proposal, if initialed and dated by the Consultant. No changes are allowed after the closing date and time.

7.20 Errors in Proposals.

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

7.21 Withdrawal of Proposal.

A submittal may be withdrawn by written request of the submitter.

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7.22 Rejection of Proposals.

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

7.23 Incorporation of RFP/RFQ and Proposal in Contract.

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

7.24 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 must not be given City office space unless expressly provided below, and in no case must 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.

7.25 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 submittal instructions includes materials to designate your equal benefits status.

7.26A Contracting with Small Businesses, Minority Business Enterprises, Women’s Business Enterprises, Veteran-owned Businesses, and Labor Surplus Area Firms When possible, the Consultant should ensure that small businesses, minority businesses, women’s business enterprises, veteran-owned businesses, and labor surplus area firms are considered as set forth in items (b) (1)-(5) of 2 C.F.R. 200.321.

The City uses the Small Business Act (SBA), 15 USC Section 632 and 13 CFR Part 121 to define a small business concern. In accordance with 20 CFR Part 654, a Labor surplus area firm (LSAF) means a concern that together with its first-tier subcontractors will perform substantially in labor surplus areas. For more information on Labor Surplus Areas and eligibility criteria see the following website: Labor Surplus Area | U.S. Department of Labor (dol.gov)

7.26B Small and Disadvantaged Business Enterprise (SBE/DBE) Program.

https://www.dol.gov/agencies/eta/lsa

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As a recipient of Federal Aid Funds, the City of Seattle is required to follow 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. Therefore, all requirements under the City’s SBE/DBE Program and the City’s procedures for Consultant Contracts must be followed.

This project has a mandatory 0% SBE goal and voluntary 10% SBE goal.

In the absence of a mandatory DBE goal, a voluntary SBE goal amount of 10% of the Consultant Agreement is established. The Consultant must develop an SBE Participation Plan after contract award and prior to commencing work. Although the goal is voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.

Federally certified SBE/DBE’s are listed at https://omwbe.diversitycompliance.com/FrontEnd/SearchCertifiedDirectory.asp In accordance with the federal SBE/DBE program, out-of-state SBE/DBE’s that apply and are selected for intent to award must receive in-state DBE designation by contacting the Washington State Office of Minority and Women’s Business Enterprises for DBE Certification at https://omwbe.diversitycompliance.com/ before Notice to Proceed.

Consultants are advised that any agreement, including subcontracts, awarded pursuant to this RFP/RFQ must include the following assurance:

"The Consultant, sub-recipient or subconsultant must not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Consultant must carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the Consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate."

7.26C Civil Rights and Title VI.

The City of Seattle, in accordance with Title VI of the Civil Rights Act of 1964, (78 Stat. 252, 42 U.S.C. 2000d to 2000d-4) and the Regulations, hereby notifies all submitters that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

To the extent applicable and except to the extent that FHWA determines otherwise in writing, the Consultant agrees to provide meaningful access to public transportation services to persons with limited understanding of English to comply with Title VI of the Civil Rights Act of 1964, as amended, comply with the policies of Executive Order No. 13166, "Improving Access to Services for Persons with Limited English Proficiency," 42 U.S.C. § 2000d et seq., and its implementing regulation at 28 CFR § 42.405(d), and appliable U.S. Department of Justice guidance.

7.26D Compliance with Americans with Disabilities Act (ADA) and Other Disability Laws If the Consultant is providing services, programs or activities to City employees or members of the public, the Consultant must not deny participation or the benefits of such services, programs or activities to persons with disabilities on the basis of such disability. Consultant must provide the services specified in this Contract in a manner that complies with Title II of the ADA and any https://omwbe.diversitycompliance.com/FrontEnd/SearchCertifiedDirectory.asp https://omwbe.diversitycompliance.com/

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Section 504 of the Rehabilitation Act of 1973, 29 U.S.C § 701 et seq.; and the Washington Law Against Discrimination, Wash. Rev. Code Ann. § 49.60.

The final project design must comply with all applicable laws, building codes and regulatory requirements, including but not limited to the requirements of the Americans with Disabilities Act (ADA) as amended (42 U.S.C. 12101 et seq.), its regulations, standards, and guidelines. In cases where Title II and III of the ADA differ, the design must comply with the provision that provides the highest degree of access to individuals with disabilities. Additionally, in cases where the 2010 ADA Standards for Accessible Design and building codes and other regulations differ, the design must comply with the standard that provides the highest degree of access to individuals with disabilities. It is the responsibility of the Consultant to determine the applicable code provisions.

All documents and deliverables provided which are to be publicly posted on City Websites must be submitted in an editable format (Word, Power Point, Excel, or other appropriate editable format) and must comply with ADA digital accessibility standards.

7.27 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 as outlined in the Insurance Transmittal detailing the specific evidence of insurance required for this contract. The apparent successful Consultant 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 insurance broker to begin preparation of the required insurance documents if the Consultant is selected as a finalist. Alternatively, consultants may elect to provide the requested insurance documents within their Proposal.

7.28 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).

Consultants must be familiar with the Washington State Public Records Act and the limits of record disclosure exemptions. For more information, visit the Washington State Legislature’s website at http://app.leg.wa.gov/rcw/default.aspx?cite=42.56.

If you have any questions about disclosure of the records you submit with your bid, contact the Procurement Contact named in this document.

http://app.leg.wa.gov/rcw/default.aspx?cite=42.56

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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 City Purchasing for that record(s), you can then seek an injunction under RCW 42.56 to prevent release. By submitting a bid document, the Consultant 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 Records

The City asks Consultants 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.

7.29 Ethics Code and Conflict of Interest.

https://www.seattle.gov/public-records/public-records-request-center https://www.seattle.gov/public-records/public-records-request-center

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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 must 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…