REQUEST FOR PROPOSAL # 26-134-S

Consultant Contract

Project Title: Phased Waste Prevention Measurement and Evaluation Plan

Table 1: Solicitation Schedule

Solicitation Release August 13, 2026

Pre-Submittal Conference (Non-Mandatory) August 21, 2026, 9:30am https://teams.microsoft.com/meet/215561653918

482?p=YNTQxkgExthdEhMU0S

Meeting ID: 215 561 653 918 482 Passcode: G9Ri9XY2

Dial in by phone +1 206-686-8357,,994531018# United States, Seattle Phone conference ID: 994 531 018#

Deadline for Questions August 26, 2026, 12:00pm

Response Submission Deadline September 14, 2026, 12:00pm

Announcement of Successful Proposer(s) By 10/31/2026

Estimated Dates of Interviews (if

Conducted)

Week of 10/19/2026

The City reserves the right to modify this.

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

https://teams.microsoft.com/meet/215561653918482?p=YNTQxkgExthdEhMU0S https://teams.microsoft.com/meet/215561653918482?p=YNTQxkgExthdEhMU0S

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/seattle/projects/292498

Procurement Contact Information

Procurement Contact: Jamie Cortez, Contracts and Procurement Advisor, jamie.cortez@seattle.gov, (206) 684-

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 - Attachment 1 Consultant Contract - Phased with Exhibits

B - Attachment 2 Insurance Requirements Transmittal Form

C - Attachment 3 Ethics-Brochure

D - Attachment 4 Consultant Questionnaire

E - Attachment 5 WMBE Inclusion Plan

F - 26-134-S RFP Package

1. Procurement Contact Information

Procurement Contact: Jamie Cortez, Contracts and Procurement Advisor, jamie.cortez@seattle.gov, (206) 684-

Proposals are to be submitted through the e-Procurement portal at https://procurement.opengov.com/portal/seattle, no later than 12:00 pm on Monday, September 14, 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

SPU’s 2025-2030 Strategic Business Plan (SBP) helps us focus our work. While each SBP covers six years, we update it after three years to allow for future uncertainties and adjustments. The last update included a focus on stewarding environment and health, and a key strategy included reducing materials use and prevent water and carbon pollution. To get SPU closer to their goals an investment was made in Waste Prevention and

Diversion and pursuing opportunities that continue progress made to divert solid waste from disposal and enhance waste prevention.

Seattle Public Utilities (SPU) is seeking a qualified firm to provide strategic guidance in equitable measurement and program evaluation for SPU’s Waste Prevention Strategic Plan (WP Plan), 2028-2033 Waste Prevention

Action Plan (Action Plan), and other solid waste programs. Consultant responsibilities will include collaborating with SPU staff to develop measurement and evaluation plans and data collection tools appropriate for diverse audiences, collecting data using equitable engagement strategies, analyzing data with an equity lens, and reporting findings. Work under this contract will include the following three priorities:

(1) WASTE PREVENTION STRATEGIC PLAN BASELINE MEASUREMENT

In Fall 2026, SPU will publish its first Waste Prevention Strategic Plan (WP Plan). Waste prevention means stopping waste from being created through activities such as buying or producing less, sharing, repairing, and reusing. Learn more on the Waste Prevention Planning page. https://www.seattle.gov/utilities/about/plans/solid-waste/waste-prevention-planning

(2) WASTE PREVENTION ACTION PLAN PROGRAM EVALUATION

In Winter 2027, SPU will publish the 2028-2033 Waste Prevention Action Plan, which will detail the specific waste prevention programs and policies we will implement for the WP Plan. These programs and policies will guide the development of targets and data collection tools for the WP Plan Baseline Measurement above.

(3) OTHER SOLID WASTE PROGRAM EVALUATION

On an as needed basis, the Consultant will also help SPU develop and implement evaluation plans for programs and policies focused on recycling and composting.

https://procurement.opengov.com/portal/seattle https://www.seattle.gov/documents/Departments/SPU/AboutUs/Plans/SBP/2025-2030/SPU_2025-2030_Strategic-Business-Plan-Update.pdf https://www.seattle.gov/utilities/about/plans/solid-waste/waste-prevention-planning https://www.seattle.gov/utilities/about/plans/solid-waste/waste-prevention-planning

SPU anticipates awarding one (1) phased contract with an estimated value of $550,000-$650,000, with an estimated spending of up to $150,000 annually over the 5-year period.

SPU does not guarantee a minimum quantity of work under this Contract.

3. Performance Schedule

This contract is for two years, with the option to extend for an additional three years. Scope of work will be issued through individual Annual Work Assignments. Each Work Assignment will define the scope and schedule with milestone dates for specific deliverables as it will be determined when the project needs arise.

An estimated spending of $150,000 annually will be defined in each Work Assignment over the 5-year period.

For reference, the first Work Assignment will cover budget at Contract Execution to 12/2026 and will include tools and data collection tasks within the WP Plan Baseline Measurement that must be completed by the end of Q1 2027.

4. Solicitation Objectives

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

• Contract with a firm that is committed to the City’s women and minority owned business enterprise

(WMBE) program and submission of an inclusion plan that is innovative and feasible.

• Contract with a firm / Team that has professional expertise in leading measurement and program evaluation, including creating plans and tools, collecting data, and analyzing and reporting data.

• Contract with a firm / Team that has a strong equity lens and experience developing equitable approaches to measurement and evaluation, including in planning, data collection, and data analysis.

5. Minimum Qualifications

No minimum qualifications are required for a consultant to submit a proposal response.

6. Scope of Work

6.1. 6.1 Scope of Work

As mentioned in the Purpose and Background Section, work under this contract will include three priorities.

(1) WASTE PREVENTION STRATEGIC PLAN BASELINE MEASUREMENT

The Consultant will provide guidance to help SPU select targets for the two DRAFT waste prevention goals and associated metrics aligning with the Action Plan programs and policies. The Consultant will review proposed tools and questions for measuring progress towards the goals, and revise or develop new tools as needed for the initial baseline data collection. The Consultant will lead the baseline data collection in Q4 2026 and Q1

2027, which may include strategies such as in-language online and in-person surveys, focus groups, interviews, case studies, or other strategies recommended by the Consultant. The Consultant will also analyze and synthesize the data and prepare a report that establishes a baseline measurement for the WP Plan, which can be performed after Q1 2027

Goal #1 (environmental impacts)

Reduce waste across Seattle to create a healthier environment—now and for generations to come. By cutting waste, we help fight climate change, improve the quality of our air, water, and land, and preserve the natural resources we all rely on.

Metrics (to be measured using existing SPU tonnage data sources and environmental modeling tools):

• GHG emissions produced throughout the entire lifecycle of materials

• Energy, water, and land used

• Pollutants released

Goal #2 (social and economic impacts)

Collaborate with community partners to create and implement waste prevention programs and policies that advance racial equity, promote environmental justice, and help communities thrive.

Metrics (to be measured using surveys, focus groups, interviews, case studies, or other quantitative and qualitative methods recommended by the consultant):

• Access: How easily people across Seattle can use WP programs, resources, and services- examples include: transportation, cost, location

• Participation: How widely people across Seattle take part in WP opportunities and practices – examples include: participation rates, satisfaction, demographics of participants

• Outcomes: How people across Seattle share in the benefits of waste prevention – examples include:

job creation, cost savings, stories of community impacts, changes in awareness

(2) WASTE PREVENTION ACTION PLAN PROGRAM EVALUATION

In addition to the baseline measurement mentioned above, the Consultant will provide strategic guidance to help SPU develop individual program evaluation plans for the Action Plan, develop program-specific data collection tools, support data collection, analyze data, and prepare reports with recommendations for improving program effectiveness.

The following Action Areas and associated programs and policies were identified through community and staff engagement as the highest priorities to focus on for the Action Plan to advance SPU’s waste prevention goals and metrics.

A. Prevent Food Waste: help businesses and households prevent food waste; support food rescue

B. Reduce Single Use: transition food service establishments to reusable dishware

C. Reuse Building Materials: increase building deconstruction and salvage

D. Share, Repair, and Reuse: educate communities on how to share, repair, and reuse; support the growth of the local share, repair, and reuse economy

E. Engage Schools in Waste Prevention: help schools prevent food waste, transition to reusable dishware, and educate students and families on waste prevention

(3) OTHER SOLID WASTE PROGRAM EVALUATION

On an as needed basis, the Consultant will also help SPU develop and implement evaluation plans for programs and policies focused on recycling and composting. Together with waste prevention, recycling and composting form a holistic approach to reducing waste in Seattle.

Additional Information: The Consultant will need to sign a Non-Disclosure Agreement (NDA) as they will be collecting data from communities and businesses to finalize any measurement and evaluation tools and plans.

The scope of work includes, but is not limited to, the following tasks:

Task 1: Measurement and Evaluation Planning

The Consultant will develop a WP Plan Baseline Measurement Plan and individual program evaluation plans for the WP Action Plan and other solid waste programs.

Activities will include but are not limited to:

• Review program materials and relevant documents for background context.

• Meet with SPU staff to establish a clear understanding of the work assignment objectives and format for the measurement or program evaluation plan(s).

• Facilitate discussions to guide SPU staff in identifying key measurement or program evaluation plan components. Components will vary by work assignment but may include content such as research questions, theory of change, program outputs and desired outcomes, methodologies, priority audiences, data collection tools to be developed, tool testing protocol, data collection strategies effective for engaging the priority audiences, timeline for data collection and evaluation implementation, data analysis approaches, and report format expectations.

• Prepare draft measurement or program evaluation plan(s) for SPU review, and finalize the plan(s) based on SPU feedback.

Deliverables will include but are not limited to:

• Meeting agendas and notes.

• Draft and final measurement and program evaluation plan(s).

SPU will implement the measurement and evaluation plans developed under Task 1 through any combination of the following resources: (1) Tasks 2-4 of this contract, (2) internal SPU staff resources, and/or (3) other consultant resources.

Task 2: Developing Data Collection Tools

The Consultant will develop and test data collection tools to use for the WP Plan Baseline Measurement and evaluation of WP Action Plan programs and policies and other solid waste programs.

Activities will include but are not limited to:

• Review program materials and relevant documents for background context, including current and past data collection tools and research.

• Meet with SPU staff to establish a clear understanding of the work assignment objectives and format for the data collection tool(s).

• Facilitate discussions to guide SPU staff in identifying key content to include in the methodologies and data collection tools, such as survey or interview questions.

• Review SPU policies and guidelines relevant to data collection tools, such as survey policies, demographic data collection guidelines, privacy notification requirements, branding guidelines, accessibility compliance requirements, etc.

• Prepare draft data collection tool(s) for SPU review, and revise the tool(s) based on SPU feedback.

o The Consultant must provide their own SurveyMonkey account for survey tools. Other survey platforms are not permitted.

• Test the tool(s) using protocol established under Task 1 activities, including recruiting participants for testing, providing incentives for participants, conducting testing, taking notes, and preparing a summary of recommended changes.

• Share the usability testing results with SPU for review and approval before updating and finalizing the tool(s).

• Translate the tool(s), as needed, in languages identified in the measurement and evaluation plan(s) developed under Task 1.

o The Consultant must use City of Seatle SmartCat account for all translation needs.

Deliverables will include but are not limited to:

• Meeting agendas and notes.

• Usability testing results and recommendations.

• Draft and final data collection tool(s) in English and agreed upon translations using SmartCat to translate.

SPU will implement the data collection tools developed under Task 2 through any combination of the following resources: (1) Tasks 3-4 of this contract, (2) internal SPU staff resources, and/or (3) other consultant resources.

Task 3: Data Collection

The Consultant will collect data to implement the measurement and evaluation plan(s) and tool(s) developed under Tasks 1 and 2. This will primarily focus on data collection for measuring progress towards Goal 2 (social and economic impacts) of the WP Plan, and may also include data collection for individual program evaluation for the WP Action Plan and other solid waste programs.

Activities will include but are not limited to:

• Meet with SPU staff to establish a clear understanding of the work assignment objectives for data collection implementation.

• Train Consultant Project Team members responsible for using the data collection tool(s) and provide direction on priority audiences and engagement approaches identified under the Task 1 measurement and evaluation plan(s).

• Establish partnerships with trusted community leaders and organizations that serve priority audiences, such as organizations serving small businesses, people with disabilities, refugees, immigrants, Indigenous communities, black communities, seniors, youth, young adults, etc. Provide stipends in exchange for supporting recruiting participants, hosting data collection startegies, providing language interpretation, etc.

• Develop and implement recruitment strategies and materials effective for the priority audiences.

o Develop social media ads or posts, flyers, emails, or other recruitment materials. Work with SPU to ensure all materials comply with branding guidelines.

o Translate materials as needed for priority audiences using City of Seattle SmartCat translation services.

o Distribute recruitment materials, such as through purchasing ads, sending emails, posting flyers, etc.

• Collect data from participants, including managing all logistics such as scheduling, sending reminders, reserving space, preparing presentation materials, printing materials, arranging for interpreters, purchasing and distributing incentives and gift cards for participation, taking notes, etc.

• Monitor data collection on a regular basis to ensure the project is effectively reaching all priority audiences and collecting data that is of high quality for data analysis.

• Compile data collection results to prepare for analysis under Task 4.

Deliverables will include but are not limited to:

• Meeting agendas and notes.

• Training materials

• Recruitment materials in English and agreed upon translations, reviewed and approved by SPU.

• All raw data and notes

SPU will analyze the data collected under Task 3 through any combination of the following resources: (1) Task

4 of this contract, (2) internal SPU staff resources, and/or (3) other consultant resources.

Task 4: Data Analysis and Reporting

The Consultant will analyze and synthesize data and prepare reports to share the WP Plan Baseline

Measurement results and the program evaluation results for individual WP Action Plan programs and policies and other solid waste programs.

Activities will include but are not limited to:

• Meet with SPU staff to establish a clear understanding of the work assignment objectives for data analysis and report format.

• Review all data collected and determine the best methods for synthesizing the results and identifying key themes, including analyzing the data by priority audience.

• Conduct the data analysis and synthesize the results.

• Prepare a draft report summarizing the measurement and program evaluation results to share with

SPU for feedback, and finalize the report based on the feedback.

• Meet with SPU staff to present the report findings.

Deliverables will include but are not limited to:

• Meeting agendas and notes.

• All data tables and results.

• Draft and final report(s).

• Presentation of findings.

7. Contract Modifications

The City consultant contract is attached. See Attachments Section, Attachment 1.

The City has attached its boilerplate contract terms to allow Proposers to be familiar with boilerplate, and the non-negotiable terms before submitting a proposal. The City may negotiate with the highest ranked apparent successful Proposer. The City cannot modify contract provisions mandated by Federal, State or City law: Equal

Benefits, Audit (Review of Vendor Records), WMBE and EEO, Confidentiality, and Debarment or mutual indemnification. Exceptions to those provisions will be summarily disregarded.

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. 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.

A. All pages are to be 8.5 x 11 inch, numbered sequentially and closely follow the requested formats.

B. The City has page limits specified in the submittal instructions section. Any pages that exceed the page limit will be excised from the document for purposes of evaluation.

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

8.7. Electronic Submittal

The City requires electronic submittal.

A. Upload your submission to the respective procurement opportunity online at https://procurement.opengov.com/portal/seattle by the submittal deadline. We recommend you give yourself sufficient time and at least ONE (1) day before Closing Time to begin the uploading process and to finalize your submission.

B. Do not embed any documents within your uploaded files, as they will not be accessible or evaluated.

Please see the Attachments section for specifications and attachments.

C. 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.

D. Responses to the solicitation will not be visible to the city until after the solicitation closing time.

E. Uploading large documents may take significant time, depending on the size of the file(s) and your

Internet connection speed.

F. You will receive an email confirmation once you finalize your submission.

G. OpenGov Procurement works with the latest versions of Chrome, Firefox, Microsoft Edge, and Safari for Mac.

H. OpenGov Procurement does not work with the following versions of Internet Explorer, Google Chrome

<54, Microsoft Edge <14, Safari <10.1, and Firefox <47

I. Any risks associated with an electronic submittal are borne by the Proposer.

J. The City uses OpenGov Procurement for accepting and evaluating proposals electronically. For software support, contract OpenGov. Live support is available 4am to 7pm Pacific Time, Monday through Friday, excluding holidays.

o Chat: Click the chat bubble on OpenGov o Phone: (650) 336-7167 o Email: procurement-support@opengov.com o Self-service (available 24/7): OpenGov Help Center (https://opengov.my.site.com/support/s/)

8.8. 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.

8.9. 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.

8.10. 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 mailto:procurement-support@opengov.com https://procurement.opengov.com/governments/12/projects/111841/builder/create/OpenGov%20Help%20Center https://opengov.my.site.com/support/s/

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

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.

8.11. 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-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 mailto:tax@seattle.gov https://dor.wa.gov/open-business/apply-business-license business/apply-business-license and the State of Washington Department of Revenue contact help page at https://dor.wa.gov/contact.

8.12. Federal Excise Tax

The City is exempt from Federal Excise Tax.

8.13. 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 Consultant convenience and not a usage guarantee. The City reserves the right to issue multiple or partial awards, and/or to order work based on

City needs. The City may turn to other appropriate contract sources or supplemental contracts to obtain these same or similar services. The City may re-solicit for new additions to the Consultant pool. Use of such supplemental contracts does not limit the right of the City to terminate existing contracts for convenience or cause.

8.14. 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.

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.

8.15. Use of Solicitation by other City Departments

This solicitation is issued for the benefit of Seattle Public Utilities (SPU). Other departments, divisions, or offices within the City may, at their discretion, use the results of this solicitation to establish their own separate contracts with the selected Consultant, provided such use is consistent with the scope and terms of this solicitation. Any contracts issued by other City departments are solely between that department and the

Consultant. SPU is not a party to, and assumes no responsibility or liability for, such contracts.

8.16. Effective Dates of Offer

https://dor.wa.gov/open-business/apply-business-license https://dor.wa.gov/contact

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.

8.17. Cost of Preparing Proposals

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

8.18. Readability

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

8.19. 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.

8.20. 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.

8.21. 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.

8.22. Rejection of Proposals

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

8.23. 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.

8.24. Independent Contractor

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

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

Contract workers 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.

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

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.

8.25. 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.

8.26. 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).

8.27. Insurance Requirements

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

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

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

8.28. Proprietary Materials

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

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

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

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

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

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

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.

8.29. Ethics Code

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

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

Ethics and Elections Commission at 206-684-8500.

No Gifts and Gratuities.

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

Involvement of Current and Former City Employees.

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

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

Contract Workers with over 1,000 Hours.

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

No Conflict of Interest.

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

Campaign Contributions (Initiative Measure No. 122)

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

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

8.30. 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.

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, an Inclusion Plan, satisfactory financial responsibility and other elements are screened in this Step. A significant failure to perform on past City projects may also be considered in determining the responsibility of a firm.

9.2. Proposal Evaluation

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

9.3. Interviews

The City may interview top ranked firms from the proposal evaluation. If interviews are conducted, rankings of firms shall be determined by the City, using the combined results of interviews and proposal submittals.

Consultants invited to interview are to bring the assigned key person(s) named by the Consultant in the

Proposal, and may bring other key personnel named in the Proposal. The Consultant shall not bring individuals who do not work for the Consultant or are not on the project team without advance authorization by the

Procurement Contact. If interviews are conducted, they will be worth the points listed in the Proposal Evaluation section.

9.4. 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.

9.5. 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.

9.6. Contract Negotiations

The City may negotiate elements of the proposal as required to best meet the needs of the City, with the apparent successful Proposer. The City may negotiate any aspect of the proposal or the solicitation. The City does not intend to negotiate the base contract, which has been attached (See Attachments).

9.7. Right to Award to next ranked Consultant

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

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.

9.8. 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.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Project Team - Page Limit 4 (not including

Resumes)

Provide information about the make-up and experience of the Project Team, including:

• Identify the Prime Consultant and

Sub-Consultant team members— including the Project Manager—who will be assigned to support this work, and describe each of their roles and responsibilities in the project and relevant experience and qualifications to perform the work.

• Provide an Organizational Chart, which includes the name and position title of each Prime and Sub-

Consultant team member that would be assigned to support this work.

• Attach the Resumes of all…