Diving_Services_at_Seattle_City_Light_(SCL)_Locations.pdf

Table 1: Solicitation Schedule

ITB Issued November 7, 2024

Pre-Bid Conference (Non-Mandatory) November 22, 2024, 10:00am

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4009-8f99-

359d8b54f41b%22%2c%22Oid%22%3a%22282ceb b2-7bd4-46d6-bc94-f372ef990eb5%22%7d Phone: 206-686-8357 Meeting: 842 444 303

Deadline For Questions December 6, 2024, 5:00pm

Invitation To Bid # CL0-6392

Title: Diving Services at Seattle City Light (SCL) Locations https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2MxZjhkZDEtODE5OC00YTFkLTkxZjAtNTIwNzE3ZDhiNWRl%40thread.v2/0?context=%7b%22Tid%22%3a%2278e61e45-6beb-4009-8f99-359d8b54f41b%22%2c%22Oid%22%3a%22282cebb2-7bd4-46d6-bc94-f372ef990eb5%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2MxZjhkZDEtODE5OC00YTFkLTkxZjAtNTIwNzE3ZDhiNWRl%40thread.v2/0?context=%7b%22Tid%22%3a%2278e61e45-6beb-4009-8f99-359d8b54f41b%22%2c%22Oid%22%3a%22282cebb2-7bd4-46d6-bc94-f372ef990eb5%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2MxZjhkZDEtODE5OC00YTFkLTkxZjAtNTIwNzE3ZDhiNWRl%40thread.v2/0?context=%7b%22Tid%22%3a%2278e61e45-6beb-4009-8f99-359d8b54f41b%22%2c%22Oid%22%3a%22282cebb2-7bd4-46d6-bc94-f372ef990eb5%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2MxZjhkZDEtODE5OC00YTFkLTkxZjAtNTIwNzE3ZDhiNWRl%40thread.v2/0?context=%7b%22Tid%22%3a%2278e61e45-6beb-4009-8f99-359d8b54f41b%22%2c%22Oid%22%3a%22282cebb2-7bd4-46d6-bc94-f372ef990eb5%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2MxZjhkZDEtODE5OC00YTFkLTkxZjAtNTIwNzE3ZDhiNWRl%40thread.v2/0?context=%7b%22Tid%22%3a%2278e61e45-6beb-4009-8f99-359d8b54f41b%22%2c%22Oid%22%3a%22282cebb2-7bd4-46d6-bc94-f372ef990eb5%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2MxZjhkZDEtODE5OC00YTFkLTkxZjAtNTIwNzE3ZDhiNWRl%40thread.v2/0?context=%7b%22Tid%22%3a%2278e61e45-6beb-4009-8f99-359d8b54f41b%22%2c%22Oid%22%3a%22282cebb2-7bd4-46d6-bc94-f372ef990eb5%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2MxZjhkZDEtODE5OC00YTFkLTkxZjAtNTIwNzE3ZDhiNWRl%40thread.v2/0?context=%7b%22Tid%22%3a%2278e61e45-6beb-4009-8f99-359d8b54f41b%22%2c%22Oid%22%3a%22282cebb2-7bd4-46d6-bc94-f372ef990eb5%22%7d

Sealed Bids Due to the City / Bid Opening December 19, 2024, 10:00am

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359d8b54f41b%22%2c%22Oid%22%3a%22282ceb b2-7bd4-46d6-bc94-f372ef990eb5%22%7d Phone: 206-686-8357 Meeting: 228 819 731

The City may modify this schedule. Changes to the due date are posted on the City website and by addendum.

Bids must be received by the due date and at the time specified.

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/seattle/projects/114270 https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWE2OGYxZDctMTEyNi00YjQ5LWI5MGQtNGM0NGIwODg0N2Y0%40thread.v2/0?context=%7b%22Tid%22%3a%2278e61e45-6beb-4009-8f99-359d8b54f41b%22%2c%22Oid%22%3a%22282cebb2-7bd4-46d6-bc94-f372ef990eb5%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWE2OGYxZDctMTEyNi00YjQ5LWI5MGQtNGM0NGIwODg0N2Y0%40thread.v2/0?context=%7b%22Tid%22%3a%2278e61e45-6beb-4009-8f99-359d8b54f41b%22%2c%22Oid%22%3a%22282cebb2-7bd4-46d6-bc94-f372ef990eb5%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWE2OGYxZDctMTEyNi00YjQ5LWI5MGQtNGM0NGIwODg0N2Y0%40thread.v2/0?context=%7b%22Tid%22%3a%2278e61e45-6beb-4009-8f99-359d8b54f41b%22%2c%22Oid%22%3a%22282cebb2-7bd4-46d6-bc94-f372ef990eb5%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWE2OGYxZDctMTEyNi00YjQ5LWI5MGQtNGM0NGIwODg0N2Y0%40thread.v2/0?context=%7b%22Tid%22%3a%2278e61e45-6beb-4009-8f99-359d8b54f41b%22%2c%22Oid%22%3a%22282cebb2-7bd4-46d6-bc94-f372ef990eb5%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWE2OGYxZDctMTEyNi00YjQ5LWI5MGQtNGM0NGIwODg0N2Y0%40thread.v2/0?context=%7b%22Tid%22%3a%2278e61e45-6beb-4009-8f99-359d8b54f41b%22%2c%22Oid%22%3a%22282cebb2-7bd4-46d6-bc94-f372ef990eb5%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWE2OGYxZDctMTEyNi00YjQ5LWI5MGQtNGM0NGIwODg0N2Y0%40thread.v2/0?context=%7b%22Tid%22%3a%2278e61e45-6beb-4009-8f99-359d8b54f41b%22%2c%22Oid%22%3a%22282cebb2-7bd4-46d6-bc94-f372ef990eb5%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWE2OGYxZDctMTEyNi00YjQ5LWI5MGQtNGM0NGIwODg0N2Y0%40thread.v2/0?context=%7b%22Tid%22%3a%2278e61e45-6beb-4009-8f99-359d8b54f41b%22%2c%22Oid%22%3a%22282cebb2-7bd4-46d6-bc94-f372ef990eb5%22%7d

TABLE OF CONTENTS

1. SOLICITATION OBJECTIVES

2. BACKGROUND AND PURPOSE

3. MINIMUM QUALIFICATIONS

4. SPECIFICATIONS AND SCOPE OF WORK

5. SCHEDULE, ORDERS, DELIVERY

6. ADDITIONAL CONTRACT REQUIREMENTS

7. ENVIRONMENTAL SPECIFICATIONS

8. PREVAILING WAGE REQUIREMENTS

9. BID INSTRUCTIONS AND INFORMATION

10. EVALUATION

11. AWARD AND CONTRACT EXECUTION

12. LICENSING AND BUSINESS TAX REQUIREMENTS

13. ETHICS CODE

14. BID FORM

15. BID SUBMITTAL

Attachments:

A - SOP - I-1005_11042019

B - AIS - SOP_102019

C - Terms-and-Conditions

F - Requirements for Insurance

1. SOLICITATION OBJECTIVES

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

• Obtain a skilled vendor that has a strong record and experience, so that the City is assured to get dependable, responsive, proven, and expert services;

• Establish contract that can provide immediate response to City Light Boundary Powerhouse and Dam located in Pend Oreille County, the Skagit Hydroelectric Project which includes Ross, Diablo, and Gorge

Dams and Powerhouses located in Whatcom County, and Cedar Falls and South Fork Tolt Dams and

Powerhouses located in King County.

• Provide a 24/7 emergency response;

2. BACKGROUND AND PURPOSE

2.1. Purpose and Background

The purpose of this solicitation is to establish a contract to provide underwater diving services on an as needed basis for Seattle City Light hydroelectric project locations, including Boundary Powerhouse and Dam located in Pend Oreille County, the Skagit Hydroelectric Project which includes Ross, Diablo, and Gorge Dams and Powerhouses located in Whatcom County, and Cedar Falls and South Fork Tolt Dams and Powerhouses located in King County. This solicitation will replace our current contract number 3714 with Associated

Underwater Services (AUS), the spend since January 2018 is $900k.

2.2. Single Award

The City intends to award one contract and does not anticipate multiple awards. Regardless, the City reserves the right to make multiple or partial awards.

2.3. Bid Timeline

ITB Issued: November 7, 2024

Pre-Bid Conference (Non-Mandatory): November 22, 2024, 10:00am

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Deadline For Questions: December 6, 2024, 5:00pm

Sealed Bids Due to the City / Bid Opening: December 19, 2024, 10:00am

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Phone: 206-686-8357 Meeting: 228 819 731

3. MINIMUM QUALIFICATIONS

The following are minimum qualifications the Vendor must meet to submit a bid. Responses must show compliance to these minimum qualifications. The City reserves the right, but is not obligated, to clarify if compliance to the minimum qualifications is not clear in Vendor’s response. Those not responsive shall be rejected by the City without further consideration:

Minimum Qualification #1

Vendor or employees who are in a supervisory or lead role directly involved with the work must have experience diving at hydroelectric generating facilities and dams on a regular and routine basis for a minimum of 100 hours in the past three years.

Please provide all information that demonstrates your organization has performed the work to meet this requirement. This should include customer names, points of contact, contact phone numbers, email addresses; years services were provided, total number of hours per customer to show you meet the 100-hour threshold.

Bidders may use this same information on the reference page.

Minimum Qualification #2

Vendor must be a registered member, in good standing with the Association of Diving Contractors (ADC)

International. Certification must be current and verifiable at the time of bid due date.

Please confirm yes/no in the bid submittal section for this minimum qualification#2.

4. SPECIFICATIONS AND SCOPE OF WORK

4.1. Specifications and Scope of Work

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This contract(s) will be for various types of dive activities in non-navigable waters to assist in maintaining the

Seattle City Light hydropower generation facilities (Boundary, Skagit, Cedar Falls, and South Fork Tolt). Some activities may involve:

A. Underwater maintenance, repair, testing of existing structure(s) and/or equipment;

B. Underwater inspections of structure(s) and/or equipment;

C. Underwater inspection (i.e. visual, mapping, scanning, etc) using vendor or contractor supplied remotely operated vehicles (ROV);

D. Installation of stoplogs and/or bulkheads;

E. Maintenance of upstream trash racks;

F. Underwater placement of concrete, grout, and repair mortar and underwater structural steel installation and welding;

G. Deployment of equipment, instruments, sensors, etc which will be supplied by City Light, unless specifically negotiated as part of an individual scope of work; and, H. Support of environmental, dam safety, engineering, operation, etc studies.

Some work may be required on very short notice, due to equipment failure, emergency outage, and/or imminent loss or further damage to existing equipment. The contractor must be able to meet a response time of 60 hours (diver/ROV on-site ready to deploy) for non-emergency/scheduled projects at Boundary or Skagit.

For emergency conditions, contractors must provide the City with a 24-hour response time (diver/ROV on-site ready to deploy). Vendor will provide the City with off-hour contact availability and contact protocol

(emergency contact information) upon contract award.

All contract diving activities are to be performed in accordance with the latest Association of Diving

Contractors International (ADC), Occupational Safety and Health (OSHA) Commercial diving safety standards and WISHA safety standards for diving operations. Proof of commercial diving certifications, training, and safety data to be provided upon request. The contractor shall comply and demonstrate compliance to all relevant SCL guidelines/requirements such as Prevention of Aquatic Invasive Species Introduction SOP 1-1005 and Best Management Practices.

Upon Contract award, the selected Vendor(s) will need to submit a current company Safe Practices Manual.

Proof of commercial diving certifications, training, and safety data to be provided upon request.

5. SCHEDULE, ORDERS, DELIVERY

5.1. Order Desk

The successful vendor shall provide a telephone service or “order desk” to receive calls from City departments for advice or assistance, recommendations on products, parts, and repairs, and for receiving and processing of phone orders. The Order Desk shall be available from 7:00 a.m. to 5:00 p.m. all business days except City holidays. If your standard operating hours are otherwise, notify City Purchasing. Depending on the Department needs, hours similar to, but not exactly the same as the 7:00 a.m. to 5:00 p.m. schedule may be accepted by the

City as compliance to this requirement.

5.2. Response Times

The vendor shall meet the response times detailed in the specifications and scope of work section or any changes made via addendum of this solicitation.

5.3. No Minimum Order Quantities

There will be no minimum order quantities for any resultant contract.

5.4. Warranty

The Vendor warrants all materials and workmanship delivered under any resulting contract to be free from defects, damage or failure which the City may reasonably determine is the responsibility of the Vendor, for a minimum of ninety (90) days after final acceptance and without cost to the City for labor, materials, parts, installation or any other costs except where longer periods of warranty or guarantees are specified.

5.5. Right to Replace Products & Product Discontinuance

If the manufacturer discontinues or replaces a product, Vendor may request the City accept a substitute product for the contract. Pricing for a product replacement or substitute must be the same discount rate as provided to the City on the original product.

5.6. Prohibition on Advance Payments

The City cannot accept requests for up-front payment, down payment or partial payment. Maintenance subscriptions may be paid up to one year in advance provided that the payment is reimbursed to the City on a prorated basis upon termination; all other expenses are payable net 30 days after receipt and acceptance of satisfactory compliance.

5.7. Collective Bargaining

The City has collective bargaining agreements which govern City utilization of Vendors to perform services and require departments to notify the union before contracting for services.

6. ADDITIONAL CONTRACT REQUIREMENTS

6.1. Contract Term

This contract shall be for one-year with four (4) one-year extensions allowed at the option of the City. This contract is subject to prevailing wage and will require Vendor compliance to prevailing wage requirements (see

Terms and Conditions in Supporting Attachments). The Vendor may provide a notice to not extend but must provide such notice at least 45 days prior to the annual renewal date.

6.2. No Guaranteed Contract Utilization

The City does not guarantee utilization through any resultant contract. The solicitation may provide estimates of utilization solely to help Vendors prepare their bids and does not serve as a guarantee of usage. The City reserves the right to make multiple or partial awards, and/or to order greater or less quantities based on City needs. The City reserves the right to use other appropriate contract sources to obtain these products or services, such as State of Washington Contracts. The City may also periodically re-solicit for new additions to the Vendor pool, to invite additional Vendors to submit bids for award. Use of such supplemental contracts does not limit the right of the City to terminate existing contracts for convenience or cause.

If the City awards multiple contracts to form a vendor pool, this ITB established competition compliant to City competitive proposal laws; the City Project Manager may place an order with any pool vendor or may solicit multiple quotes to select among the pool vendors. If departments request quotes, the Vendors must use the costs and hourly rates in the contract.

6.3. Contract Expansion

Any resultant contract or Purchase Order may be expanded as allowed below. A modification may be considered per the criteria and procedures below, for any ongoing Contract that has not yet expired. Likewise, a one-time

Purchase Order may be modified if the bid reserved the right for additional orders to be placed within a specified period of time, or if the project or body of work associated with a Purchase Order is still active. Such modifications must be mutually agreed. The only person authorized to make such agreements for the City is the

Buyer from the City Purchasing Division (Department of Finance and Administrative Services). No other City employee is authorized to make such written notices. Expansions must be issued in writing from the City Buyer in a formal notice. The Buyer will ensure the expansion meets the following criteria collectively: (a) it could not be separately bid, (b) the change is for a reasonable purpose, (c) the change was not reasonably known to either the City or Vendor at time of bid or else was mentioned as a possibility in the bid (such as a change in environmental regulation or other law); (d) the change is not significant enough to be reasonably regarded as an independent body of work; (e) the change could not have attracted a different field of competition; and (f) the change does not vary the essential identity or main purpose of the contract. The Buyer shall make this determination, and may make exceptions for immaterial changes, emergency or sole source conditions, or for other situations as required in the opinion of the Buyer.

Some changes are not an expansion of scope, including an increase in quantities, exercising bid options and alternates, or ordering work identified within the solicitation. If such changes are approved, changes are done as a written order issued by City Purchasing to the Vendor.

6.4. Trial Period And Right To Award To Next Low Bidder

A ninety (90) day trial period applies to contracts awarded by this solicitation. During the trial period, vendors must successfully perform. Failure to perform may cause immediate cancellation of the contract. If a dispute occurs or a discrepancy arises as to acceptability of product or service, the City’s decision prevails. The City will pay only for authorized orders received up to termination. If the contract is terminated within the trial period, the City may award the contract to the next low responsive Bidder by mutual agreement with that Bidder. Any new award will be for remaining contract work and is also subject to a trial period.

6.5. Background Check And Immigrant Status

Background checks will 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 http://www.seattle.gov/purchasing-and-contracting/social-equity/background-checks

6.6. Independent Contractor

The City provides contract and project management, managing deliverables, schedules, tasks, and contract performance. This is distinguished from an employer-employee. This contract prohibits vendors from supervising and/or being supervised by a City employee. Supervision includes a City Employee Performance

Evaluations, preparing and/or approving City timesheets, administering discipline, and similar actions.

Contract workers shall not be given City office space unless provided for below, and for no more than 36 months without authorization from the City.

The City will not provide space in City offices for performance of this work. Vendors must perform work from their own office space or in the field, as appropriate to the work.

6.7. Paid Sick Time and Safe Time Ordinance

Be aware that the City has a Paid Sick Time and Safe Time ordinance that requires companies to provide employees who work more than 240 hours within a year inside Seattle, with accrued paid sick and paid safe time for use when an employee or a family member needs time off from work due to illness or a critical safety issue. The ordinance applies to employers, regardless of where they are located, with more than four full-time equivalent employees. This is in addition and additive to benefits a worker receives under prevailing wages per

WAC 296-127-014(4). City contract specialists may audit payroll records or interview workers as needed to ensure compliance to the ordinance. Please see www.seattle.gov/laborstandards, or may call the Office of

Labor Standards at 206.684.4500 with questions.

7. ENVIRONMENTAL SPECIFICATIONS

7.1. Environmental Standards

Unless notified otherwise by the Vendor, products bid will be compliant to USEPA Standards published by the

USEPA, unless specified otherwise.

See USEPA Standards at: https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. EPA CPG references USDA BioPreferred for biobased products.

See USDA BioPreferred criteria at: https://www.biopreferred.gov/BioPreferred/ or https://www.biopreferred.gov/BioPreferred/faces/catalog/Catalog.xhtml

7.2. PBT Free Specification - Persistent Bioaccumulative Toxic (PBT) Chemicals – Mercury, Dioxin, PCB, PBDE, Lead, PVC and other

The City of Seattle adopted Resolution #30487 in 2002 which requires City Purchasing differentiate products that contain PBT chemicals and that release PBT chemicals during production or disposal, from those products that do not, and requires City Purchasing reduce acquisition of products that contain or release PBT chemicals.

This includes mercury, dioxin, PCB, PFAS, PBDE (polybrominated diphenyl ethers, i.e. flame retardants), and others identified by the State of Washington, Department of Ecology see https://ecology.wa.gov/Waste-

Toxics/Reducing-toxic-chemicals/Addressing-priority-toxic-chemicals.

If a Bidder has a product that contains or releases any PBT materials, Bidder must immediately notify the City

Buyer. Should the City determine there is no reasonable or economically feasible substitute, the City may http://www.seattle.gov/laborstandards https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program https://www.biopreferred.gov/BioPreferred/ https://ecology.wa.gov/Waste-Toxics/Reducing-toxic-chemicals/Addressing-priority-toxic-chemicals https://ecology.wa.gov/Waste-Toxics/Reducing-toxic-chemicals/Addressing-priority-toxic-chemicals amend allow for, or provide a maximum of 10% preference for, products that include or release the least PBT chemical practical. The City may reject Bids with PBT materials. The City Council Resolution is here:

http://clerk.seattle.gov/search/resolutions/30487

8. PREVAILING WAGE REQUIREMENTS

8.1. Prevailing Wage Compliance

If this contract is subject to prevailing wages, as required by RCW 39.12 (Prevailing Wages on Public Works) and

RCW 49.28 (Hours of Labor) as amended or supplemented, Contractor shall be responsible for compliance by the Contractor and all subcontractors with all provisions herein. See included Terms and Conditions for more information on these requirements.

If required, prior to issuing award the City will verify that the apparent low bidder meets the training requirements related to public works and prevailing wage by Labor & Industries per RCW 39.04.350 and chapter

39.12 RCW. Bidders are exempt from training if Bidder has been in business with active Unified Business

Identifier (UBI) number for three (3) or more years AND have performed work on three (3) or more public works projects. Bidder exemption status may be verified by entering the Bidder's UBI number, selecting the Bidder's

Company, and clicking on the "Public Works Requirements" drop-down menu from the following web site:

https://secure.lni.wa.gov/verify/.

Contractor is responsible for compliance by the Contractor and all subcontractors. Any Offer must be sufficient to pay prevailing wages, and vendor costs associated with filing of Intents and Affidavits, including filing of one or multiple Intents and Affidavits as required by the Department of Labor & Industries. See included Terms and

Conditions for more information on these requirements.

8.2. Prevailing Wage Rates

As part of your response to this ITB, you will be asked to provide Prevailing Wage Rates for applicable County

& Benefit Code Key where the work is performed with the effective date: Thursday, December 19, 2024.

Boundary Facility = Pend Oreille County; Skagit Facility = Whatcom County; Cedar Falls = King County; South

Fork Tolt = King County.

To receive prevailing wage rates you may go to the following:

• To download the rates, go to https://secure.lni.wa.gov/wagelookup/

9. BID INSTRUCTIONS AND INFORMATION

9.1. Registration into City Online Business Directory

If you have not previously completed a one-time registration into the City Online Business Directory, we request you register at: www.seattle.gov/obd. The City Online Business Directory is used by City staff to locate your contract(s) and identify companies for bid lists on future purchases. Bids are not rejected for failure to register, however, if you are awarded a contract and have not registered, you will be required to register, or you will be added into the system. Women and minority owned firms are asked to self-identify. If you need assistance, please call 206-684-0444.

9.2. Communications

http://clerk.seattle.gov/search/resolutions/30487 https://secure.lni.wa.gov/verify/ https://secure.lni.wa.gov/wagelookup/ https://www.seattle.gov/obd

All vendor communications concerning this acquisition and evaluation must be directed only to the Buyer below.

Failure to comply may cause bid rejection. Unless authorized by the Buyer, no other City official or City employee is empowered to speak for the City regarding this solicitation or resultant contract evaluation.

David McLean

(206) 684-0445 david.mclean@seattle.gov

9.3. Pre-Bid Conference

The City shall conduct a Non-Mandatory Pre-Bid Conference virtually using the information below. Vendors need not attend to be eligible to submit a Bid. The meeting answers questions potential Vendors may have regarding the solicitation document and to discuss and clarify issues. This is an opportunity for Vendors to raise concerns regarding specifications, terms, conditions, and any requirements of this solicitation. 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-bid conference.

The Non-Mandatory Pre-Bid Conference will be held at 10:00AM PT, on 11/22/2024. Please use this link to join the meeting online: Join the meeting now or you can call in using the following: Phone: 206-686-8357. Meeting:

842 444 303.

9.4. Questions

Submit questions to the Buyer no later than 5:00 pm on Friday, December 6, 2024. The City strongly prefers that vendors use the City’s Procurement Portal at https://procurement.opengov.com/portal/seattle to submit questions. Failure to request clarification of any inadequacy, omission, or conflict will not relieve Vendor of any responsibilities herein or in any subsequent contract. The Vendor is responsible to assure they received responses to the questions if issued.

9.5. Changes to the ITB/Addenda

A change may be made by the City if, in the sole judgment of the City, the change will not compromise the City’s objectives. A change will be made by formal addendum issued by the City’s Buyer, through the Procurement

Portal at https://procurement.opengov.com/portal/seattle. Such Addenda shall become part of this ITB and included in the Contract. Interested Vendors are responsible to assure they received Addenda.

9.6. Receiving Addenda and/or Question and Answers

The City Buyer intends to provide you notice, through the City’s Procurement Portal, when addenda are posted on the procurement portal. Notwithstanding such efforts, it is the Vendor’s responsibility to learn of addenda, responses, or notices issued by the City. Some third-party services post City of Seattle bids on their websites.

The City does not guarantee such services have accurately provided bidders with all information, particularly

Addenda or changes to bid date/time.

Bids are considered compliant to all Addenda, with or without specific Bidder confirmation. The Buyer can reject the Bid if it does not reasonably appear to have incorporated Addendum. The Buyer may reject bids that do not appear to incorporate substantive Addendum, or the Buyer may find that the Addenda were not material and accept the bid.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_M2MxZjhkZDEtODE5OC00YTFkLTkxZjAtNTIwNzE3ZDhiNWRl%40thread.v2/0?context=%7b%22Tid%22%3a%2278e61e45-6beb-4009-8f99-359d8b54f41b%22%2c%22Oid%22%3a%22282cebb2-7bd4-46d6-bc94-f372ef990eb5%22%7d https://procurement.opengov.com/portal/seattle https://procurement.opengov.com/portal/seattle

9.7. Late Submittals

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.

9.8. 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 Bid Instructions and Information section.

9.9. Bid Opening

Bids shall be publicly opened by the City at the date and time that sealed bids are due to the City. Bidders wishing to attend the bid opening must do so through the link provided in the Bid Timeline.

9.10. Bid and Price Specifications

Vendor shall provide their Offer on the provided City Bid Table(s), indicating unit prices for each item if applicable, attaching additional pages if needed. In the case of difference between the unit price and the extended price, the City shall use the unit price. The City may correct the extended price. Unless specified otherwise, Vendor shall quote prices F.O.B. Destination, with freight prepaid and allowed, US Dollars.

9.11. Do Not Submit Extra Comments, Explanations, Information or Changes

The City will reject bids that take material exception to City specifications and contract. Never add information or explanations on your Offer form. Do not take exceptions, do not offer alternatives (unless City requests), and do not mark the Offer with changes. Do not submit your boilerplate terms. Any of these actions may cause bid rejection in the Buyer’s sole opinion. If the Offer Form doesn’t adequately address your concern, ask the Buyer for direction.

9.12. Partial and Multiple Awards

Unless stated to the contrary in the Solicitation, the City reserves the right to name a partial and/or multiple awards, in the best interest of the City. Prepare all pricing and Offers accordingly. The City may eliminate an individual line item when calculating award, to meet City needs, if a line item is not routinely available or cost exceeds City funds.

9.13. Prompt Payment Discount

Vendor may provide a prompt payment discount term. A prompt payment discount term of ten or more days will be considered for bid tabulation.

9.14. Taxes

The City is exempt from Federal Excise Tax. Washington state and local sales tax will be an added line item although taxes are not used in bid tabulation for award.

9.15. Interlocal Purchasing Agreements

This is for information only and not to determine award. RCW 39.34 allows cooperative purchasing between public agencies, nonprofits and political subdivisions. Public agencies that file an Intergovernmental Cooperative

Purchasing Agreement with the City may purchase from City Contracts. The seller agrees to sell additional items at the bid prices, terms and conditions, to other eligible governmental agencies. The City has no responsibility for the payment of such purchases. Should the Vendor impose additional costs for such purchases, the Vendor is to name such additional pricing as a supplement to their offer.

9.16. Contract Terms and Conditions

Vendors shall carefully review all specifications, requirements, Terms and Conditions, and insurance requirements. Bid Submittal is agreement to all Terms and Conditions. All specifications, requirements, terms and conditions are mandatory and submittals should anticipate full compliance without exception. Please see

Terms and Conditions in Supporting Attachments.

9.17. Incorporation of ITB and Bid in Contract

This ITB and Vendor’s response, including promises, warranties, commitments, and representations made in the successful Bid, are binding and incorporated by reference in the City’s contract.

9.18. Effective Dates of Offer

Offered prices remain valid until City completes award. Should any Vendor object, do so before the bid due date.

9.19. Cost of Preparing Bids

The City is not liable for costs incurred by Vendors in bid preparation and presentation including, but not limited to, costs incurred for demonstrations and pre-Bid conferences.

9.20. Prohibited Contacts

Vendors shall not interfere in any way to discourage other potential and/or prospective Vendors from bidding or considering a bid 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 Vendor or another person acting on behalf of the

Vendor) 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 Purchasing Manager, the Vendor that initiates such contacts may be rejected from the process.

9.21. Vendor Responsibility to Examine Documents

Vendor is responsible to examine all specifications and conditions thoroughly, and comply with specifications and terms and conditions. Vendors must comply with all Federal, State, and City laws, ordinances and rules, and meet any and all registration requirements per Washington State law. By responding to this Invitation to Bid

(ITB), Bidder agrees he/she has read and understands all documents within this ITB package.

9.22. Vendor Responsibility to Provide Full Response

It is the Vendor’s responsibility to provide a full and complete written response and Offer Form that does not require interpretation or clarification by the Buyer. The Vendor is to provide all requested materials, forms and information. The Vendor must ensure the Offer accurately reflects Vendor specifications and offering. The City does not accept materials intended to supplement the bid after the bid deadline; however the City may consider additional materials obtained by the City, even if submitted by Vendor, or to seek clarifications from Vendor as needed. However this does not limit the right of the city to consider additional information (such as references that are not provided by the vendor but are known to the City, or past experiences by the City in assessing responsibility), or to seek clarifications by the City.

9.23. Do Not Attach Additional Materials with your Bid

Do not insert material sheets, extra product options, comments on boilerplate, supplemental or suggested contract terms, or other similar materials unless such materials are requested by the City or are necessary to show an “Approved Equal ” product specification. Such additional materials can compromise the clarity of your bid and result in rejection of your offer. If the materials conflict with your Offer, the City will not be obligated to clarify or determine which has priority; the City may instead reject your bid.

9.24. Changes or Corrections to Bids

Prior to the bid submittal closing date and time established for this ITB, a Vendor may change or correct its bid by following the Instructions here: https://opengov.my.site.com/support/s/article/4f4218bf-7da6-4fc6-b0c3-

7eade0776ebe. No change to a bid shall be made after the bid closing date and time. Note you cannot change, mark-up or cross-out any condition, format, provision or term that appears on any of the City’s documents.

9.25. Errors in Bids

Vendors are responsible for errors and omissions in their Bids. No such error or omission shall diminish the

Vendor’s obligations to the City.

9.26. Withdrawal of Bid

A submittal may be withdrawn by unsubmitting your submittal through the Procurement Portal, up until the closing date and time or by written request of the submitter, prior to bid closing. After the closing date and time, the submittal may be withdrawn only with permission by the City.

9.27. Rejection of Bids and Rights of Award

The City reserves the right to reject any or all Bids with no penalty. The City also has the right to waive immaterial defects and minor irregularities in any submitted Bid.

9.28. Bid Disposition

All material submitted in response to this ITB shall become the property of the City upon delivery to the Buyer.

9.29. Equal Benefits

Seattle Municipal Code Chapter 20.45 (SMC 20.45) requires consideration of whether bidders 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 bid package includes a “Vendor Questionnaire” which is the mandatory form on which you make a designation about the status of such benefits. If your company does not comply with Equal Benefits and does not intend to do so, you must still supply the information on the Vendor

Questionnaire. Instructions are provided at the back of the Questionnaire.

https://opengov.my.site.com/support/s/article/4f4218bf-7da6-4fc6-b0c3-7eade0776ebe https://opengov.my.site.com/support/s/article/4f4218bf-7da6-4fc6-b0c3-7eade0776ebe

9.30. Women and Minority Opportunities

The City intends to provide the maximum practicable opportunity for successful participation of minority and women owned firms, given such businesses are underrepresented. If a Bidder intends to subcontract any work, the City requires he/she agree to SMC Chapter 20.42 and include with their Bid an Inclusion Plan showing meaningful subcontracting opportunities for minority and women owned firms. The link to the Inclusion Plan is located in the Vendor Questionnaire. The City reserves the right to improve the Plan with the successful Bidder before contract execution. Good faith efforts to perform will be a material contract provision. Bidders should use whatever selection methods and strategies the Prime Bidder finds effective for successful WMBE participation. At the request of the City, Vendors must furnish evidence of the Vendor's compliance, including documentation such as copies of agreements with WMBE subcontractor either before contract execution or during contract performance.

9.31. Insurance Requirements

Insurance requirements in the attached Terms and Conditions shall apply, unless modified by the Insurance

Transmittal Form. If formal proof of insurance must be submitted to the City before execution of the Contract, the City will remind the successful Vendor in the Intent to Award letter. The apparent successful Vendor must promptly provide such proof of insurance to the City in reply to the Intent to Award Letter. Contracts will not be executed until all required proof of insurance has been received and approved by the City. Vendors are encouraged to immediately contact their Broker to begin preparation of the required insurance documents, if the Vendor is selected as a finalist. Vendors may elect to provide the requested insurance documents within their Bid.

9.32. Proprietary Materials

The State of Washington’s Public Records Act (Release/Disclosure of Public Records): Under Washington State

Law (reference RCW Chapter 42.56, the Public Records Act) all materials received or created by the City of

Seattle are considered public records. These records include but are not limited to bid or proposal submittals, agreement documents, contract work product, or other bid material.

The State of Washington’s Public Records Act requires that public records must be promptly disclosed by the

City upon request unless that RCW or another Washington State statute specifically exempts records from disclosure. Exemptions are narrow and explicit and are listed in Washington State Law (Reference RCW 42.56 and RCW 19.108).

Bidders/proposers must be familiar with the Washington State Public Records Act and the limits of record disclosure exemptions. For more information, visit the Washington State Legislature’s website at http://www.leg.wa.gov/LawsAndAgencyRules).

If you have any questions about disclosure of the records you submit with your bid, please contact the Buyer.

9.33. 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.

http://www.leg.wa.gov/LawsAndAgencyRules

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 City Purchasing

(see Form as part of Vendor Questionnaire), very clearly and specifically identify each record and the exemption(s) that may apply, and submit a copy of your records with the specified exemptions redacted. (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 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.

9.34. Requesting Disclosure of Public Records

The 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, please make your request at the City of

Seattle’s Public Records Request Center at www.seattle.gov/public-records/public-records-request-center.

10. EVALUATION

10.1. Responsiveness and Responsibility

Purchasing shall review submittals to determine basic responsiveness (timely submittal, all required forms submitted, etc), responsibility (minimum qualifications, equal benefit determinations, etc), and technical minimum requirements if any (delivery date, required specifications, etc). An initial review is made after opening, however additional and more detailed reviews may be made during evaluation and before award. The review may be made of all Vendors or only as needed to determine the lowest responsive and responsible

Vendor.

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

10.2. Specifications

Before tabulating price, the City evaluates Vendor compliance with specifications and bid requirements.

10.3. Pricing

Items on price sheets shall then be calculated for award. Item pricing will be multiplied by the number of units required for an item total. Item totals will be totaled for all items for a tabulated total. If an error in math occurs, unit pricing will be considered the correct price and will be used. If any cost item is missing from a bidder Offer

Form, the City reserves the right to reject that Bid or to calculate and compare bids without that cost item considered.

10.4. Prompt Payment Discount

The City will calculate and reduce the pricing submitted by applying any prompt payment discounts.

10.5. Local Business Tax Revenue Consideration

SMC 20.60.106 (H) authorizes that in determining the lowest and best bid, the City shall consider the tax revenues derived by the City from its business and occupation, utility, sales and use taxes from the proposed purchase. The City will apply SMC 20.60.106(H) and calculate when the value could serve as a differentiator to determine the lowest bid. The City of Seattle’s Business and Occupation Tax rate varies according to business classification. Typically, the rate for service such as consulting and other professional services is .00415% and for retail or wholesale sales and associated services, the rate is .00215%. Only vendors that have a City of Seattle

Business License and have an annual gross taxable Seattle income of $100,000 or greater, pay Business and

Occupation Tax.

10.6. References

The City reserves the right to perform reference checks on a pass/fail basis. A fail may remove you from consideration. Please complete the Reference Sheet document and submit with your bid response or upon request.

Provide three (3) references for recent,…