Lower_Duwamish_Waterway_(LDW)_Polychlorinated_Biphenyls_(PCB)_Sampling.pdf

REQUEST FOR PROPOSAL # RFP #SCL-767077728

Consultant Contract

Project Title: Lower Duwamish Waterway (LDW) Polychlorinated Biphenyls (PCB) Sampling

Table 1: Solicitation Schedule

Solicitation Release August 10, 2026

Pre-Submittal Conference (Non-Mandatory) August 14, 2026, 2:00pm

MS Teams

Deadline for Questions August 19, 2026, 4:00pm

Response Submission Deadline August 26, 2026, 4:00pm

Announcement of Successful Proposer(s) -

Shortlist for Interview

Notification of shortlisting for interviews -

September 14, 2026

Estimated Dates of Interviews (if

Conducted)

September 15th - 18th, 2026 (tentative)

Notification of Award September 30, 2026

Contract execution November 16, 2026

Clarification Period 09/30/2026 - 11/15/2026

The City reserves the right to modify this.

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

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/seattle/projects/263349

Procurement Contact Information

Procurement Contact: Ned Lichty, Sr. Contracts & Procurement Specialist, ned.lichty@seattle.gov, (206) 386-1759

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. Procurement Contact Information

2. Purpose and Background

3. Performance Schedule

4. Solicitation Objectives

5. Minimum Qualifications

6. Scope of Work

7. Contract Modifications

8. Procedures and Requirements

9. Selection Process

10. Proposal Evaluation

11. Award and Contract Execution

12. Response Materials and Submittal

Attachments:

A - Proposal Form 1 - Minimum Qualifications

B - Proposal Form 2 - WMBE Inclusion Plan

C - Proposal Form 3 - Contractor Information

D - Proposal Form 4 - Project Team

E - Proposal Form 5 - Cost Proposal

F - Appendix C - Transformer List

G - Appendix C.1 - Secondary Transformer List

H - Appendix D Map 1 - Transformer Testing - Primary Area by Census Tract

I - Appendix D.1 - Transformer Testing - Secondary Area by Census Tract

J - City_Consultant_Contract_Boilerplate

K - Consultant_Questionnaire

L - Pre-Submittal Meeting Agenda

M - Insurance Transmittal Form

1. Procurement Contact Information

Procurement Contact: Ned Lichty, Sr. Contracts & Procurement Specialist, ned.lichty@seattle.gov, (206) 386-

Proposals are to be submitted through the e-Procurement portal at https://procurement.opengov.com/portal/seattle, no later than 4:00 pm on Wednesday, August 26, 2026.

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

2. Purpose and Background

Seattle City Light (City Light) maintains a number of older (received prior to 1982) transformers in its distribution system that have not been tested for polychlorinated biphenyls (PCBs). The potential presence of PCBs in these transformers represents a liability to the Utility and a potential source of contamination that could impact the environment and human health. The Contractor will be tasked to collect oil samples for PCB analysis from these transformers while the transformers remain electrified; conduct and document a visual inspection of the transformers; and complete the laboratory analysis for PCBs for the collected samples.

The work area is located in South Seattle in census tracks that intersect with the Lower Duwamish Watershed (LDW) (See Appendix D Map 1). The primary sampling area contains 1,918 overhead and 145 submersible transformers that have unknown PCB content. If funding remains after primary sampling is completed, transformers in the secondary sampling area will be added to the scope until all funding is expended (Appendix D.1).

This work is funded by a grant from the Washington State Department of Ecology, provided by the U.S.

Environmental Protection Agency (EPA). The contract must meet federal solicitation requirements.

Appendix D Map 1 – Illustrates the census tracts that intersect with the Lower Duwamish Watershed, plus two additional census tracts. This is the primary sampling area.

3. Performance Schedule

To ensure completion of all requirements by the end of the grant cycle, the final sample results must be provided to City Light no later than July 1, 2027. City Light must submit final grant submittals to the Department of Ecology no later than September 30, 2027.

The estimated budget is $479,610.00.

4. Solicitation Objectives

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

City Light is looking for a contractor with experience conducting transformer oil sample collection from electrified transformers for laboratory analytical analysis for PCBs, as well as electrical equipment inspection. City Light has a list of overhead and submersible transformers located in the Lower Duwamish watershed that were received by the Utility before

January 1, 1985. City Light is looking for a contractor who can collect oil samples from these transformers while the transformers remain electrified, reseal the transformers, conduct PCB analysis via an approved analytical laboratory, and document a visual inspection of the City Light equipment at the site.

https://procurement.opengov.com/portal/seattle

5. Minimum Qualifications

Minimum qualifications are required (see Proposal Form 1) for a Consultant to be eligible to submit a proposal response. Your submittal response must show compliance to these minimum qualifications. Those that are not responsive to these qualifications shall be rejected by the City without further consideration:

• Must work with a Washington State-accredited laboratory that will complete the PCB analysis on transformer oil, with a detection limit of 1 ppm. See link to Washington State Accredited Lab list.

• The firm must have conducted at least two projects of similar cost or number of transformers sampled in the last 15 years.

• The workers collecting oil samples must be part of the International Brotherhood of Electrical Workers (IBEW), and the Contractor must meet or exceed the prevailing wage for the electrical workers used.

• This contract is funded under a federal grant; contractors must be eligible per 2 CFR 200 requirements.

6. Scope of Work

6.1. City Light Provides to the Contractor:

The Contractor must collect oil samples for polychlorinated biphenyls (PCB) analysis from the transformers identified on the

Transformer List (see Appendix C - Transformer List). The transformers will remain electrified; the Contractor must submit a scope of work for the sample collection that meets Occupational Safety and Health Administration (OSHA) and Washington state requirements regarding work on electrified equipment. The Contractor must provide traffic control if it is needed for transformer sampling. Pricing must include prevailing wage for applicable workers.

The Contractor must re-seal transformers with equipment demonstrated to not damage and or shorten the remaining life of the transformers and associated assets. The Contractor must include information on two previous projects that use the same product to seal overhead and submersible transformers. The Contractor will provide any data available showing that the sealing mechanism for the transformer does not damage the transformer or reduce transformer performance.

Bids from the contractor should provide a price per transformer. The bid should identify a cost per overhead and a cost per submersible transformer based on the scope of work, including all parts of sample collection, laboratory analysis, and visual inspection of City Light equipment. The bid should also include a price for inspection of the equipment when a manufacturer certification of PCB-free or <1 ppm PCBs is identified on the transformer nameplate. For transformers with a nameplate certification of PCB-free or <1 ppm, no oil sample is required, but a visual inspection of City Light equipment must still be completed. For transformers with a nameplate certification of 1 ppm or greater, a sample should be collected and an inspection should be completed. The bid should also include a price for identifying that a transformer is no longer at the location provided by City Light, meaning a field visit verified that the listed transformer is not present.

The Contractor must complete PCB sample analysis on collected oil samples per PCB Method 8082A or equivalent at a

Washington State-accredited laboratory. The laboratory must provide appropriate chain of custody procedures, quality control data, including calibration and spike information, to ensure the data meet the method requirements. Document the

PCB quantification limit for the analysis must be 1 ppm PCBs or less. The data will be provided to City Light as a report and in an electronic format such as Excel.

The Contractor must conduct a visual inspection of City Light equipment and provide inspection results regarding the general condition of the transformer and related equipment. The inspection criteria and forms will be provided to the Contractor by

City Light. The data collection process should include photographing damaged equipment.

For submersible transformers in a vault containing water, City Light will provide vactor services to the Contractor to de-water the vault if necessary. Vaults with no signs of sheen or contamination may be pumped directly to the nearest storm drain by the Contractor. If the Contractor is unable to dewater the vault due to the presence of a sheen or other reasons, City Light will require the Contractor to provide a water sample from the vault to City Light at least one (1) week before vault de-watering takes place. City Light will provide the sample bottles, labels, chain of custody, and cooler for the water samples.

City Light will receive all debris, PPE, and waste from the Contractor sampling process for disposal as PCB-contaminated debris. Waste will be delivered by the Contractor to City Light’s South Service Center at the end of the project or upon notification to City Light.

The Contractor will be provided with parking and site access at 4400 35th Ave SW, Seattle, WA 98126. This site will have parking available (not fenced), a restroom, heat, and electricity (outlets) provided by City Light. The parking will be available

24 hours for the duration of the sampling, but City Light does not take responsibility for the security of the parking area.

If additional money is available after the completion of the primary sampling area transformers (see Appendix C -

Transformer List), additional transformers from contiguous census tracts will be included in the project until the full spend of the grant is complete. Contiguous census tracts are provided with a priority ranking (see Appendix C.1 Secondary

Transformer List).

7. Contract Modifications

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

The City has attached its boilerplate contract terms so Proposers can be familiar with the boilerplate and the non-negotiable terms before submitting a proposal. Any questions about the City’s boilerplate should be made in advance of submittal.

If a Consultant seeks to modify the Contract, the Consultant must request that within their Proposal response as taking an “Exception”. The Consultant must provide a revised version that shows their proposed alternative contract language. The City is not obligated to accept such proposed changes. If you request Exceptions that materially change the character of the contract, the City may reject the Consultant’s Proposal as non-responsive. The City cannot modify provisions mandated by Federal, State or City law: Equal Benefits, Audit

(Review of Vendor Records), WMBE and EEO, Confidentiality, and Debarment, or mutual indemnification. Such

Exceptions would be summarily disregarded.

Although the City may open discussions with the highest ranked apparent successful Proposer to align the proposal or contract to best meet City needs, this does not ensure negotiation of modifications proposed by the consultant through the exception process above.

8. 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.

8.1. Registration into the City's Procurement Portal

If you have not previously done so, register at: https://procurement.opengov.com/portal/seattle, then subscribe to the City’s Procurement Portal. The Procurement Portal is used by City staff to identify companies for future solicitation lists and check certifications. Women- and minority-owned firms are asked to self-identify their business as such within the Procurement Portal. Registration in the City's Procurement Portal is required to submit a response to this solicitation.

8.2. Pre-Submittal Conference

The City offers an optional pre-submittal conference at the time, date and location on the Timeline. Proposers are highly encouraged to attend but not required to attend to be eligible to propose. The meeting answers questions about the solicitation and clarifies issues. This also allows Proposers to raise concerns. Failure to raise concerns over any issues at this opportunity will be a consideration in any protest filed regarding such items known as of this pre-proposal conference.

8.3. Questions

Proposers may submit their questions through the Procurement Portal. Proposers may also email questions to the Procurement Contact until the deadline stated in the Timeline. Failure to request clarification of any inadequacy, omission, or conflict will not relieve the Consultant of responsibilities under any subsequent contract. It is the responsibility of the interested Consultant to assure they receive responses to questions if any are issued.

8.4. Changes to the RFP

The City may make changes to this RFP if, in the sole judgment of the City, the change will not compromise the

City’s objectives in this solicitation. Any change to this RFP will be made by formal addendum issued by the

City, through the Procurement Portal at https://procurement.opengov.com/portal/seattle and shall become part of this RFP.

8.5. 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, through the Procurement Portal. Some third-party services independently post City of Seattle solicitations on their websites. The City does not guarantee that such services have accurately provided all the information published by the City.

All submittals sent to the City may be considered compliant with or without specific confirmation from the

Consultant that any and all addenda was received and incorporated into your response. However, the Project

Manager reserves the right to reject any submittal that does not fully incorporate Addenda that is critical to the project.

8.6. Proposal Submittal

Proposals must be received by the City no later than the date and time in the Timeline, except as revised by

Addenda. The submitter has full responsibility to ensure the response is submitted to the City's Procurement

Portal within the deadline. The Procurement Portal will not allow vendors to upload submissions past the deadline.

8.7. Proposer Responsibility to Provide Full Response

It is the Proposer’s responsibility to respond in a manner that does not require interpretation or clarification by the City. The Proposer is to provide all requested materials, forms and information. The Proposer is to ensure the materials submitted properly and accurately reflect the Proposer’s offering. During scoring and evaluation

(prior to interviews if any), the City will rely upon the submitted materials and shall not accept materials from the Proposer after the RFP deadline; this does not limit the City’s right to consider additional information (such as references that are not provided by the Proposer but are known to the City, or past City experience with the consultant), or to seek clarifications as needed.

8.8. Prohibited Contacts

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

8.9. 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 RFP/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 shall be borne by the

Consultant and not charged separately to the City.

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 on 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 https://www.seattle.gov/city-finance/business-taxes-and-licenses/business-licenses mailto:rca@seattle.gov https://www.filelocal-wa.gov/Default_FileLocal.aspx 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.

8.10. State Business Licensing

Before the contract is signed, you must have a State of Washington business license (a “Unified Business

Identifier” known as a UBI#). If the State of Washington has exempted your business from State licensing (some foreign companies are exempt and sometimes, the State waives licensing because the company has no physical presence in the State), then submit proof of that exemption to the City. All costs for any licenses, permits and associated tax payments due to the State because of licensing shall be borne by the Consultant and not charged separately to the City. Instructions to apply for a business license can be found at https://dor.wa.gov/open-business/apply-business-license and the State of Washington Department of Revenue contact help page at https://dor.wa.gov/contact.

8.11. Federal Excise Tax

The City is exempt from Federal Excise Tax.

8.12. No Guaranteed Utilization

The City does not guarantee utilization of any contract(s) awarded through this RFP/RFQ process. The solicitation may provide estimates of utilization; such information is for the Consultant's 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.

8.13. Expansion Clause

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

Expansion for New Work (work not specified within the original Scope of Work Section of this Agreement, and/or not specified in the original RFP as intended work for the Agreement) must comply with the following:

(a) New Work is not reasonable to solicit separately; (b) is for reasonable purpose; (c) was not reasonably known by the City or Consultant at time of solicitation or was mentioned as a possibility in the solicitation (i.e. future phases of work, or a change in law); (d) is not significant enough to be regarded as an independent body of work; (e) would not attract a different field of competition; and (f) does not change the identity or purpose of the Agreement.

mailto:tax@seattle.gov https://dor.wa.gov/open-business/apply-business-license https://dor.wa.gov/open-business/apply-business-license https://dor.wa.gov/contact

The City may make exceptions for immaterial changes, emergency or sole source conditions, or other situations required in City opinion. Certain changes are not subject to these limitations, such as additional phases of Work anticipated during solicitation, time extensions, and Work Orders issued on an On-Call contract. Expansion must be mutually agreed and issued by the City through written Addenda. New Work performed before an authorizing Amendment may not be eligible for payment.

The City reserves the right to independently solicit and award any New Work to another firm when deemed appropriate or required by City policy.

8.14. Effective Dates of Offer

Solicitation responses are valid until the City completes award. Should any Proposer object to this condition, the

Proposer must object prior to the Q&A deadline in the Timeline.

8.15. 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.

8.16. Readability

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

8.17. Changes or Corrections to Proposal Submittal

Prior to the proposal submittal closing date and time established for this RFP, a Consultant may change or correct its proposal by following the Instructions here:

https://opengov.my.site.com/support/s/article/4f4218bf-7da6-4fc6-b0c3-7eade0776ebe. No change to a proposal shall be made after the proposal closing date and time.

8.18. Errors in Proposals

Proposers are responsible for errors and omissions in their proposals. No error or omission shall diminish the

Proposer’s obligations to the City.

8.19. Withdrawal of Proposal

A submittal may be withdrawn at any time through the Procurement portal prior to the closing date or by written request of the submitter.

8.20. 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.

8.21. Incorporation of RFP and Proposal in Contract

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

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

8.22. Independent Contractor

The Consultant works as an independent contractor. The City will provide appropriate contract management, but that does not constitute a supervisory relationship to the Consultant. Consultant workers are prohibited from supervising City employees or from direct supervision by a City employee. Prohibited supervision tasks include conducting a City of Seattle Employee Performance Evaluation, preparing and/or approving a City of

Seattle timesheet, administering employee discipline, and similar supervisory actions.

Contract workers shall not be given City office space unless expressly provided for below, and in no case shall such space be provided for over 36 months without specific authorization from the City.

The City will not provide space in City offices for performance of this work. Consultants will perform most work from their own office space or the field.

8.23. Equal Benefits

Seattle Municipal Code Chapter 20.45 (SMC 20.45) requires consideration of whether Proposers provide health and benefits that are the same or equivalent to the domestic partners of employees as to spouses of employees, and of their dependents and family members. The Consultant Questionnaire requested in the

Submittal instructions includes materials to designate your equal benefits status.

8.24. Women and Minority Subcontracting

The Mayor’s Executive Order and City ordinance require the maximum practicable opportunity for successful participation of minority and women-owned subcontracts. All proposers must agree to SMC Chapter 20.42, and seek meaningful subconsultant opportunities with WMBE firms. At a certain threshold, the City requires a plan for including minority- and women-owned firms, which becomes a material part of the contract. The Plan must be responsive in the opinion of the City, which means a meaningful and successful search and commitments to include WMBE firms for subcontracting work. The City reserves the right to improve the Plan with the winning

Consultant before contract execution. Consultants should use selection methods and strategies sufficiently effective for successful WMBE participation. At City request, Consultants must furnish evidence such as copies of agreements with WMBE subconsultants either before contract execution or during contract performance.

The winning Consultant must request written approval for changes to the Inclusion Plan once it is agreed upon.

This includes changes to goals, subconsultant awards and efforts.

WMBE firms need not be state certified to meet the City's WMBE definition. The City defines WMBE firms as at least 51% (percent) owned by women and/or minority. To be recognized as a WMBE, register in the City’s

Procurement Portal. Federally funded transportation projects require a Disadvantaged Business Enterprises

(DBE) program; for that program, firms must be certified by the Washington State Office of Minority and Women

Business Enterprises (OMWBE).

8.25. Insurance Requirements

Any special insurance requirements are provided as an Attachment. If attached, provide proof of insurance and additional insured endorsement policy language to the City before Contract execution. The apparent successful

Proposer must promptly provide proof of insurance to the City upon receipt of the notice of intent to award.

https://omwbe.wa.gov/certification https://omwbe.wa.gov/certification

Consultants are encouraged to immediately contact their Broker to begin preparation of the required insurance documents, if the Consultant is selected as a finalist. Proposers may elect to provide the requested insurance documents within their Proposal.

8.26. Proprietary Materials

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

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

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

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

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

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

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

Contact named in this document.

Marking Your Records Exempt from Disclosure (Protected, Confidential, or Proprietary)

As mentioned above, all City of Seattle offices (“the City”) are required to promptly make public records available upon request. However, under Washington State Law some records or portions of records are considered legally exempt from disclosure and can be withheld. A list and description of records identified as exempt by the Public Records Act can be found in RCW 42.56 and RCW 19.108.

If you believe any of the records you are submitting to the City as part of your bid/proposal or contract work products, are exempt from disclosure you can request that they not be released before you receive notification.

To do so you must complete the City Non-Disclosure Request Form (“the Form”) provided by the City (see page

4 on the Consultant Questionnaire) and very clearly and specifically identify each record and the exemption(s) that may apply. (If you are awarded a City contract, the same exemption designation will carry forward to the contract records.)

The City will not withhold materials from disclosure simply because you mark them with a document header or footer, page stamp, or a generic statement that a document is non-disclosable, exempt, confidential, proprietary, or protected. Do not identify an entire page as exempt unless each sentence is within the exemption scope; instead, identify paragraphs or sentences that meet the specific exemption criteria you cite on the Form.

Only the specific records or portions of records properly listed on the Form will be protected and withheld for notice. All other records will be considered fully disclosable upon request.

If the City receives a public disclosure request for any records you have properly and specifically listed on the

Form, the City will notify you in writing of the request and will postpone disclosure. While it is not a legal obligation, the City, as a courtesy, will allow you up to ten business days to file a court injunction to prevent the http://app.leg.wa.gov/rcw/default.aspx?cite=42.56

City from releasing the records (reference RCW 42.56.540). If you fail to obtain a Court order within the ten days, the City may release the documents.

The City will not assert an exemption from disclosure on your behalf. If you believe a record(s) is exempt from disclosure you are obligated to clearly identify it as such on the Form and submit it with your solicitation. Should a public record request be submitted to Purchasing for that record(s), you can then seek an injunction under

RCW 42.56 to prevent release. By submitting a bid document, the bidder acknowledges this obligation; the proposer also acknowledges that the City will have no obligation or liability to the proposer if the records are disclosed.

Requesting Disclosure of Public 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, visit https://www.seattle.gov/public-records/public-records-request-center.

8.27. Ethics Code

Familiarize yourself with the City Ethics code: http://www.seattle.gov/ethics/etpub/et_home.htm. For an in-depth explanation of the City’s Ethics Code for Contractors, Vendors, Customers and Clients, visit:

http://www.seattle.gov/ethics/etpub/faqcontractorexplan.htm. Any questions should be addressed to Seattle

Ethics and Elections Commission at 206-684-8500.

No Gifts and Gratuities.

Consultants shall not directly or indirectly offer anything (such as retainers, loans, entertainment, favors, gifts, tickets, trips, bonuses, donations, special discounts, work, or meals) to any City employee, volunteer or official, if it is intended or may appear to a reasonable person to be intended to obtain or give special consideration to the Consultant. An example of this is giving sporting event tickets to a City employee who is also on the evaluation team of a solicitation to which you submitted or intend to submit. The definition of what a “benefit” would be is broad and could include not only awarding a contract but also the administration of the contract or evaluating contract performance. The rule works both ways, as it also prohibits City employees from soliciting items from Consultants.

Involvement of Current and Former City Employees.

The Consultant Questionnaire within your submittal documents prompts you to disclose any current or former

City employees, official or volunteer that is working or assisting on solicitation of City business or on completion of an awarded contract. Update that information during the contract.

Contract Workers with over 1,000 Hours.

The Ethics Code applies to Consultant workers that perform over 1,000 cumulative hours on any City contract during any 12-month period. Any such employee must abide by the City Ethics Code. The Consultant is to be aware and familiar with the Ethics Code accordingly.

https://www.seattle.gov/public-records/public-records-request-center https://www.seattle.gov/public-records/public-records-request-center http://www.seattle.gov/ethics/etpub/et_home.htm http://www.seattle.gov/ethics/etpub/faqcontractorexplan.htm

No Conflict of Interest.

Consultant (including officer, director, trustee, partner or employee) must not have a business interest or a close family or domestic relationship with any City official, officer or employee who was, is, or will be involved in selection, negotiation, drafting, signing, administration or evaluating Consultant performance. The City shall make sole determination as to compliance.

Campaign Contributions (Initiative Measure No. 122)

Elected officials and candidates are prohibited from accepting or soliciting campaign contributions from anyone having at least $250,000 in contracts with the City in the last two years or who has paid at least $5,000 in the last 12 months to lobby the City. See Initiative 122, or call the Ethics Director with questions.

8.28. Background Checks and Immigrant Status

The City may require background checks for the Consultant, as well as some or all of their employees and contracted workers who may perform work under this Agreement. The City reserves the right to require such background checks at any time. The City has strict policies regarding the use of background checks, criminal checks, and immigrant status for contract workers. The policies are incorporated into this Agreement and available for viewing on-line at http://www.seattle.gov/purchasing-and-contracting/social-equity/background-checks.

8.29. Use of Hyperlinks and URLs in Submittals

Hyperlinks and URLs to web sites or references to attachments may not be used in documents submitted in response to this solicitation, unless specifically requested in the submittal requirements. The City is not obligated to evaluate, review, or score any information submitted in the form of a hyperlink or URL. Information and documentation requested for the evaluation process must be submitted in the format indicated in the solicitation instructions.

8.30. Cost and Pricing

State a firm fixed price, to include all direct, indirect, and overhead expenses, including travel and lodging expenses, incurred by the Consultant to perform the Work.

Do not include contingency or assumptions in your cost proposal. Instead, you may include a separate breakdown for out-of-scope costs, including scope of work, hours and any assumptions for the City to consider in your proposal.

The City may request additional clarification or a breakdown of the hours and costs with the top-ranking proposers.

9. Selection Process

9.1. Initial Screening

The City will review responses for responsiveness and responsibility. Those found responsive and responsible based on an initial review shall proceed to Step 2. Equal Benefits, Minimum Qualifications, Consultant

Questionnaire, an Inclusion Plan, satisfactory financial responsibility, and other elements are screened in this http://www.seattle.gov/purchasing-and-contracting/social-equity/background-checks http://www.seattle.gov/purchasing-and-contracting/social-equity/background-checks

Step. A significant failure to perform on past City projects may also be considered in determining the responsibility of a firm.

9.2. Evaluation Committee

Proposals shall be evaluated using the evaluation criteria in the Proposal Evaluation Section. The Evaluation

Committee is expected to contain approximately 3 to 7 City employees with knowledge of this project. There will be representatives from the Environmental Management & Compliance unit.

City Light may also have non-evaluation committee members attend the Interviews as ‘observers’. Observers will not directly score any of the Contractors, but may provide general feedback, comments, and observations to the Evaluation Committee for their consideration.

9.3. Scoring

Proposal Forms 3 and 4 will be scored based on the numerical entries for Company Experience (Form 3) and

Project Team Experience (Form 4).

Proposal Form 5: Cost Proposal will be scored based on the numerical values provided by proposing

Contractors.

Presentations and Interviews will be scored on the scale defined below:

Score Definition 10 = The Proposal Form or Presentation/Interview is excellent and clearly exceeds expectations 7 = The Proposal Form or Presentation/Interview is very good and fully meets the expectations 5 = The Proposal Form or Presentation/Interview is good yet has room for improvement 3 = The Proposal Form or Presentation/Interview is marginal and is below expectations 0 = The Proposal Form or Presentation/Interview is poor and clearly does not meet expectations.

9.4. Presentation and Interviews

City Light will conduct a Presentation and Interviews with each shortlisted Contractor via a virtual format (Microsoft Teams

Meeting). The specific virtual meeting information will be provided to shortlisted contractors.

Presentation: The Presentation can be attended by any members of the Contractor organization but must include, at minimum, the Project Team individuals identified on Proposal Form 4.

The Presentation will be for a maximum of 20 minutes and will adhere to the agenda below:

• Overview (3 to 5 minutes): introduction of the presentation participants & brief company background

• Relevant Experience (5 minutes): describe the company and team’s portfolio of experience that is most relevant to this project; may also describe additional members of the assigned project team beyond the presentation participants.

• Overall Project Approach (5 to 8 minutes): describe the overall project approach that will be utilized to deliver this project’s scope and meet City Light’s expectations.

• Other Highlights (5 minutes): Contractors can use this time to discuss any other information they would like to highlight about their team and approach to the project.

Electronic presentation materials are allowed.

Interviews: The Interviews will be limited to the Project Team individuals identified on Proposal Form 4. No other individuals will be allowed to participate in the Interviews.

Interviews will be conducted one-on-one with each project team role. Each interview is expected to be 20 to 30 minutes in duration.

Interview questions are anticipated to be similar to the list below:

a. Why did your company select you personally for this role on the Project Team?

b. Please describe your approach to delivering the responsibilities related to this job role. Walk us through major activities & deliverables you will be personally responsible for.

c. In your role, what are the greatest concerns/risks/challenges/things you will be personally responsible for? Why are each of these so important to the Project?

d. For each concern: How do you plan to minimize the chance that it occurs? If it still occurs, what are the potential impacts and how can these be minimized?

e. Are there any Alternatives, Innovative or Outside-the-Box Ideas, or other Differentiators that you think can benefit the project?

f. What do you need from the client or other stakeholders to ensure you are successful in your role?

City Light may also request to interview additional personnel at its sole discretion.

9.5. References

The City may contact one or more references. The City may use references named or not named by the Proposer.

The City may also consider the results of performance evaluations issued by the City on past projects.

9.6. Selection

The City shall select the highest ranked Proposer(s) for award, including written proposal and the interview (if applicable). The City reserves the right to make a final selection based on the combined results and/or the overall consensus of the Consultant Evaluation Committee.

9.7. Pre-Contract Clarification Phase

OVERVIEW OF PRE-CONTRACT CLARIFICATION PHASE

The Pre-Contract Clarification will occur prior to contract signature solely with the top-ranked Contractor.

The intent is to allow the top-ranked Contractor an opportunity to clarify their proposal and plan the project approach in greater detail.

DURATION OF THE PRE-CONTRACT CLARIFICATION PHASE

Pre-Contract Clarification runs concurrently with typical contract review and negotiation activities. Pre-

Contract Clarification is scheduled for approximately 3 to 6 weeks in duration. However, City Light is prepared to take longer if the project team determines it is in the best interest of the project. Typically, Pre-Contract

Clarification is structured via the following meeting format:

Kickoff Meeting

Contractor leads a Kickoff Meeting, which is typically 2-3 hours long and consists of the following agenda:

Description of Contractor’s project approach

High level project schedule

Address any major concerns provided by City Light

Identify and address any major deal breakers

Identify major assumptions, unknowns & clarifications

Identify major risk items

Propose a schedule of pertinent topics for subsequent Independent Meetings

Independent Meetings

Additional independent meetings will be scheduled with various project team members for the top-ranked

Contractor to gather additional information and have discussions regarding project details and delivery. This effort typically consists of several meetings that range from 1 to 2 hours each. Emails and phone calls are expected to occur between the meetings as needed.

Summary Meeting

The top-ranked Contractor lead the Summary Meeting, which is typically 1-2 hours long. The purpose is to review the Clarification Document and ensure project team stakeholders are in agreement.

DURATION OF THE PRE-CONTRACT CLARIFICATION PHASE

The top-ranked Contractor will be required to prepare a Clarification Document. The format of the

Clarification Document is typically a MS Word document with the following sections, made up of short paragraphs and bullet points. The Clarification Document will contain (at a minimum) the following deliverables:

Clarify the Fee Proposal

• Clarify cost proposal and invoicing protocols.

• Provide a detailed cost breakdown (major areas, phases, components, etc.)

• Clarify any ‘big-ticket’ items

• Ensure the cost is inclusive of all scope requirements

• Clarify any scope alternative options

Create a Schedule of Requested Owner Activities and Resources

Through the process of meeting with City Light and consultant during Clarification, the Contractor will prepare a list of the major activities, decisions, and/or resources from City Light, and other project stakeholders.

Include due dates that City Light -provided items are needed

City Light will identify the specific individuals within City Light organization who are responsible for (and agreed to) the items.

Create a Project Milestone Schedule

Through the process of meeting with the owner and consultant during Clarification, the Contractor will prepare a construction schedule that lists the major activities, phases, key milestones, and/or resources needed from City Light.

Align Expectations

• Provide a list of proposal assumptions

• Identify any potential ‘deal breakers’

• Identify what is included and excluded in the proposal scope

• Review any unique technical requirements with City Light

• Revisit the site to do any additional investigating

Provide Supporting Documentation

• Acceptance of contract terms and conditions

• Provide a detailed execution methodology, including the specific means and methods that will be used

• Provide a staffing/resource plan

Risk Plan

• Identify CRISPs, building upon the CRISP submission in the proposal

• Define potential cost, schedule, and quality impacts of CRISPs

• Identify how future unforeseen CRISPs will be managed and documented

Clarify questions and concerns identified by City Light

Negotiation & Contract Alignment

City Light reserves the right to negotiate with the top-ranked Contractor during the Clarification Period. This may include, but is not limited to, modifying the scope of the service (time, cost, quality, expectations, etc.) Any negotiations will not constitute a legally binding offer to enter into a contract on the part of City

Light or the Contractor. In parallel with Pre-Contract Clarification, Contractor and City Light (along with their respective legal teams) will concurrently advance the traditional contracting efforts. This includes reviews of the contract, insurance, bonding, and other financial documentation necessary to reach a contractual agreement.

Notification of Intent to Contract

No action of City Light other than a written notice from City Light to the Contractor, advising acceptance of the proposal and City Light’s intent to enter into an Agreement, shall constitute acceptance of the proposal.

Failure to Enter into an Agreement

At any time during the Clarification Period, if City Light is not satisfied with the progress being made by the invited

Contractor, City Light may terminate the Pre-Contract Clarification Period activities and then commence or resume a new Clarification Period with the next highest rated Contractor. City Light shall not be responsible for any costs or expenses incurred by the Contractor in the preparation of their proposal nor their participation in Pre-Contract

Clarification.

9.8. Contract Negotiations

City Light reserves the right to negotiate with the top-ranked Contractor during the Clarification Period. This may include, but is not limited to, modifying the scope of the service (time, cost, quality, expectations, etc.) Any negotiations will not constitute a legally binding offer to enter into a contract on the part of City

Light or the Contractor. In parallel with Pre-Contract Clarification, Contractor and City Light (along with their respective legal teams) will concurrently advance the traditional contracting efforts. This includes reviews of the contract, insurance, bonding, and other financial documentation necessary to reach a contractual agreement.

9.9. Right to Award to next ranked Consultant

If a contract is executed resulting from this solicitation and is terminated within 90-days, the City may return to the solicitation process to award to the next highest ranked responsive Consultant by mutual agreement with such Consultant. New awards thereafter are also extended this right.

9.10. Repeat of Evaluation

If no Consultant is selected at the conclusion of all the steps, the City may return to any step in the process to repeat the evaluation with those proposals active at that step. The City shall then sequentially step through all remaining steps as if conducting a new evaluation process. The City reserves the right to terminate the process if no proposals meet its requirements.

10. Proposal Evaluation

The City will evaluate proposals using the criteria below. Responses will be evaluated, scored and ranked.

Phase 1

No. Evaluation Criteria Scoring Method Weight (Points)

1. Proposal Form 2 - WMBE Inclusion Plan

The Seattle Municipal Code (SMC) and the

Mayor’s Executive Order direct inclusion of women and minority firms in City contracting.

This form must be completed in full as part of your solicitation response. Failure to submit the form may result in rejection of your solicitation as non-responsive and your firm being rejected from consideration.

0-10 Points 10 (28.6% of Total)

2. Proposal Form 3 & 4 - Contractor Information

& Project Team

Proposal Form 3: Contractor Information

Please complete this form. The prime

Cont…