PRO_Housing_Partnership_for_ADU_Development_RFQ.pdf

FAS Version 8/4/2025

REQUEST FOR QUALIFICATIONS

Consultant Contract

Project Title: Partnership for ADU Development (PAD) Partner RFQ

U.S. Department of Housing and Urban Development-Funded Project Grant Agreement: B-23-PH-53-0002

ALN #: 14.023

Procurement Schedule Table 1: Procurement Schedule

Schedule of Events Date/Time Solicitation Release August 11, 2026

Optional Pre-Submittal Conference August 26, 2026 Deadline for Questions September 25, 2026

Response Deadline October 5, 2026 Interviews (if applicable) October 19-23, 2026

Announcement of Successful Respondent(s) November 6, 2026 Anticipated Negotiation Schedule November 9-25, 2026

Anticipated Contract Execution By December 7, 2026

The City reserves the right to modify this.

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

Contact Information Procurement Contact: Catherine Blair, Senior Grants Administrator, catherine.blair@seattle.gov Project Contact: Nick Welch, Senior Planner, nicolas.welch@seattle.gov

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

The City of Seattle in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its programs and activities. This material can be made available in an alternate format by emailing Catherine Blair at catherine.blair@seattle.gov or by calling 206- 615-1003.

Title VI Statement

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

EEO Statement

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

mailto:catherine.blair@seattle.gov

Table of Contents

1. Purpose and Background

2. Performance Schedule

3. Solicitation Objectives

4. Responsibility Determination

5. Scope of Work

6. Contract Modifications

7. Procedures and Requirements

8. Response Materials and Submittal

9. Selection Process

10. Award and Contract Execution

1. Purpose and Background

Purpose

The Seattle Office of Planning and Community Development (OPCD) requests qualifications from eligible nonprofit organizations to support low- and moderate-income homeowners who seek to add infill housing to their property. Funded in part through a federal PRO Housing grant from the U.S. Department of Housing and Urban Development (HUD), OPCD seeks to identify through this Request for Qualifications (RFQ) qualified nonprofits who participate in a co-development model that OPCD is seeking to pilot called the Partnership for ADU Development (PAD), as described below.

PAD is part of OPCD’s Legacy Homeowner Development Support work, a suite of support programs for low-income legacy homeowners seeking to undertake infill development on their own property. This Legacy Homeowner Development Support program includes education, technical assistance, capacity building, pre-development services, expedited permitting, and project support. Through its Legacy Homeowner Development Support work, OPCD aims to catalyze development of middle housing in residential neighborhoods, create rental housing choices, and stabilize low-income homeowners.

Background

In January 2026, new Neighborhood Residential (NR) zoning took effect in Seattle, expanding housing choices and creating new options for how property owners use their land. In compliance with Washington House Bill 1110, Seattle’s updated zoning now allows at least four units on all residential lots. Expanded capacity for infill housing creates opportunities and challenges. For existing property owners and investors equipped with the financial resources and development acumen to take advantage of them, these changes expand opportunities to produce rental income, create flexibility for household needs, or generate wealth through the subdivision and sale of new homes. But many existing homeowners face barriers preventing them from realizing the housing potential these changes unlock, particularly homeowners with fewer financial resources available. These barriers include:

• A complex design and permitting process

• Limited financial resources and/or difficulty qualifying for or taking on debt

• A lack of knowledge about their land’s development potential, construction requirements, funding options, and the development process

• A lack of time to oversee construction

• Mistrust of the developers and lending institutions

• The burden of managing a rental property https://seattle.legistar.com/LegislationDetail.aspx?GUID=BE94A92B-AE2B-4714-B644-1DEFBE30E86B&ID=7423062

Partnership for ADU Development (PAD) Pilot

To support homeowners for whom the complexity of development, high cost of construction, and difficulty obtaining financing are substantial barriers, OPCD is seeking to pilot PAD, a co-development model that provides low- and moderate-income homeowners with the ongoing guidance, technical assistance, and financial support they need to create infill housing on their property.

In the PAD model, a homeowner would establish a relationship with a trusted nonprofit Partner who develops two homes in their backyard with funding the Partner secures through a combination of public, philanthropic, and conventional sources. The homeowner retains full ownership of their entire property, while the Partner owns and operates the backyard homes for roughly 10 years before being bought out by the homeowner. Through PAD, a homeowner otherwise excluded from the development opportunities conferred by updated zoning is able to catalyze middle housing production, create workforce rental units, and achieve greater financial stability.

The role of the PAD Partner includes:

• Guiding the homeowner through visioning and pre-development

• Helping the homeowner split their lot and entering into a ground lease for the backyard

• Working with the homeowner to select from a menu of two-unit design options

• Carrying out permitting

• Obtaining construction financing and funding from public and philanthropic sources to complete the capital stack

• Constructing two backyard homes that the Partner owns

• Operating and managing the two backyard homes as rental housing for tenants with incomes up to 80 percent of area median income (AMI)

• Using rental income to provide the homeowner with a monthly ground lease payment

• Covering project expenses, including maintenance, property taxes, and debt service until the homeowner buys them out

PAD Partners engaged in a construction project would be compensated through a combination of fees (e.g., development and management fees) and public capacity funding.

As a proof of concept for this new model, OPCD envisions a pilot phase where one or more Partners support 10 homeowner projects, building two backyard homes on each site, over five years. Certain PAD program elements are still in development. However, OPCD anticipates that eligibility for a PAD project to receive City construction funding would require that:

• the homeowner has an income of up to 120 percent of AMI

• the property has been in continuous ownership for at least 10 years

• the project is located in a pilot geography

• the site meets a level of suitability and the project a level of financial viability

The Partner would own and operate the backyard homes as rental units for roughly 10 years, during which time their construction or permanent debt is paid down substantially. To buy out the Partner and take full ownership of the backyard homes, a homeowner would be responsible for paying off the Partner’s remaining loan balance and repaying a portion of the City’s initial contribution to construction costs. Based on modeling to date, OPCD anticipates that homeowners may achieve this using cash savings or through a modest refinance loan, the debt service on which could be covered through ongoing rental of at least one or both backyard homes and/or other sources.

OPCD has conducted initial financial analysis to demonstrate the viability of this model, including estimating project and construction costs, rental revenues, operations and maintenance expenses, and debt service given an assumed level of City subsidy. Additional assumptions and estimates have been made regarding project timelines, uses of cash flow, and requirements for homeowner buyout.

Initial PAD Partner Selection

Through this RFQ, OPCD aims to identify one or more nonprofit organizations to join us as a PAD Partner for the pilot phase of this program.

Selection as a PAD Partner would qualify the organization for:

• Capacity building funding to support Partner operational readiness and to compensate the Partner for time spent furthering program design alongside OPCD

• The opportunity to participate in future closed-pool Requests for Proposals (RFPs) should funding for construction become available

Please note that public funding for construction on specific homeowner projects has not yet been identified.

After selection, Partners will:

• Enter into a Memorandum of Understanding (MOU) with OPCD outlining key anticipated responsibilities for Partners

• Receive a funding award of up to $50,000 per Partner to advance PAD program design, develop a PAD project funding plan, and build organizational capacity, as described in the Scope of Work in section 5

The capacity building components of this work program are funded by OPCD’s PRO Housing grant and are subject to the requirements in (1) the Consolidated Appropriations Act, 2023 (Public Law 117-328, approved December 29, 2022); (2) the Fiscal Year (FY) 2023 Notice of Funding Opportunity for the PRO Housing Grant Program (PRO Housing NOFO), including all appendices; and (3) applicable regulations governing the CDBG program at 24 CFR part 570.

Other ongoing Legacy Homeowner support

Concurrently with this RFQ, OPCD has issued a Request for Proposals (RFP) for two related areas of work to advance its Legacy Homeowner Development Support program:

Workstream Description 1 Legacy

Homeowner Education & Networking

Consultant provides educational content and networking opportunities between low-income homeowners and development practitioners through community events like forums, workshops, charrettes, etc.

2 Legacy Homeowner Pre- Development Technical Assistance

Consultant provides direct, one-on-one, ongoing technical assistance and pre-development support to low-income homeowners seeking to advance their infill housing projects

2. Performance Schedule All work performed under this scope of work shall be completed no later than June 30, 2029.

OPCD anticipates executing contracts with consultants selected through this RFQ in Q4 2026 and anticipates beginning delivery of services in Q1 2027.

3. Solicitation Objectives Through this RFQ process, the City seeks to achieve the following objectives:

• Identify one or more nonprofit development Partners with demonstrated experience supporting infill housing development and working with low- and moderate-income homeowners who face development barriers and/or displacement pressures

• Further develop the PAD program design, including cost assumptions, homeowner scenarios, buyout requirements, funding options, and development processes and timelines

• Grow Partner organizational capacity and readiness to deploy PAD on one or more homeowner properties

• Create a pool of eligible Partners for a potential future closed RFP through which the City would award construction funding to one or more Partners for a PAD development project with a specific homeowner, to occur only if further funding is identified and selected based on criteria for homeowner eligibility, project readiness, and financial viability https://procurement.opengov.com/portal/seattle/projects/288067

Required Qualifications for All Partners:

• Be a registered non-profit organization

• Have experience working with low-income and legacy homeowners

• Have experience with small-scale development and financing (e.g., ADUs, duplexes, townhouses, small stacked flats)

• Experience working with contractors and subcontractors for development, operations, and management

4. Responsibility Determination The City conducts a discretionary responsibility determination to award to responsible prospective Consultants only. No purchase or award shall be made without an affirmative determination of responsibility. In the absence of information clearly indicating that the prospective Consultant is responsible, a determination of non-responsibility shall be made.

Reasonable consultants may be deemed responsible if the Firm meets the following criteria:

• Have the financial resources adequate to perform the contract or the ability to obtain them

• Have the ability to meet the required delivery or performance schedule, taking into consideration all existing commitments

• Have a satisfactory performance record

• Have a satisfactory record of integrity and business ethics

• Be neither debarred nor suspended from participating in Federal awards as required by

2 CFR 200.214

• Have the necessary organization, experience, accounting and operational controls, and technical skills or the ability to obtain them

• Be in compliance with applicable licensing and tax laws and regulations

• Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them

• Be a registered non-profit organization

5. Scope of Work Pilot Phases: The scope of work for a PAD Partner is divided into two phases:

Phase 1: Program Design and Partner Operational Readiness

Phase 2: Pilot Project Execution

PHASE 1: Program Design and Partner Operational Readiness

Purpose: Assist in further developing the design of the PAD program while adding organizational capacity in advance of potential future PAD projects

*Note: The funding award associated with this RFQ is intended to cover only the Phase 1 scope of work.

Scope of Work

• Support the City in evaluating and refining PAD program design. These efforts may include:

o Updating cost assumptions o Evaluating pro-forma feasibility o Providing feedback on program structure and homeowner buyout criteria o Evaluating target neighborhoods and creating homeowner targeting criteria o Developing marketing materials for future outreach o Develop program reporting structures

• Develop internal processes and capacity to facilitate the PAD pilot, including for:

o Homeowner identification and outreach o Project management – for individual homeowner projects o Program management – for facilitation of the PAD program generally o Project and program reporting

• Vet internal processes for program and project management with City staff

• Support the City in meetings and engagements to secure project construction funding. This may include:

o Presentations to City Council o Meetings with conventional lenders and CDFIs o Meetings with philanthropic organizations or impact investors

• Provide City and community with relevant insights about barriers homeowners face and potential solutions to shape future policy and program development

PHASE 2: Pilot Project Execution

Purpose: Partner with an eligible homeowner to develop two rental properties on their land and operate the properties until homeowner buyout

*Note: Development funding is currently unavailable for advancing specific homeowner projects. Phase 2 would commence only when construction funding has been identified, and expenses for Phase 2 activities will not be allowable under the Phase 1 funding award unless confirmed in writing by the City. Selection for Phase 1 funding does not guarantee funding under Phase 2.

Scope of Work

• Recruit eligible homeowners with suitable lots to the PAD pilot

• Guide the homeowner through visioning and pre-development

• Help the homeowner split their lot and enter into a ground lease for the backyard

• Work with the homeowner to select from a menu of two-unit design options

• Carry out permitting

• Obtain construction financing and funding from public and philanthropic sources to complete the capital stack

• Construct two backyard homes that the Partner owns

• Lease, operate, and manage the two backyard homes as rental housing for tenants with incomes up to 80 percent of area median income (AMI)

• Manage monthly ground lease payments to the homeowner

• Cover project expenses, including maintenance, property taxes, and debt service until the homeowner buys them out

• Support the City in meetings and engagements to update government leaders and the public on program progress and achievements.

• Provide City and community with relevant insights about barriers homeowners face and potential solutions to shape future policy and program development

RESPONDING TO THESE SCOPES OF WORK

Response should address:

• Your organization’s experience working with low-income legacy homeowners on infill development projects

• Who from your organization will be involved in the scope of work

• Your approach to serving low-income homeowners through the development process

• What aspects of the PAD Partner role you anticipate performing with internal staff versus subcontractors or outside partners

• How you will provide feedback and reporting to the City on lessons and findings identified during the course of the contract

Anticipated tasks

• Contracting and kickoff

• Program evaluation and development

• Capacity building

• Program management design

• Reporting (ongoing), including required HUD metrics and reporting

Homeowner eligibility

To be eligible for the PAD program, homeowners must have a household income at or below 120 percent of area median income (AMI). All responses should be developed with this homeowner profile in mind.

6. Contract Modifications The City’s consultant contract is provided as Attachment E in the Attachments Section of OpenGov.

The City has attached its boilerplate contract terms to allow respondents to be familiar with boilerplate and the non-negotiable terms before submitting a response. The City may negotiate with the highest ranked apparent successful respondent(s). The City cannot modify contract provisions mandated by Federal, State or City law: Equal Benefits, Access to Records, WMBE and EEO, Confidentiality, Debarment or mutual indemnification, or Federal Clauses. Exceptions to those provisions will be summarily disregarded.

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

7.1 Registration into the City's Procurement Portal

If you have not previously done so, register at:

https://procurement.opengov.com/portal/seattle, then subscribe to the City’s Procurement Portal. The Procurement Portal is used by City staff to identify companies for future solicitation lists and check certifications. Women- and minority-owned firms are asked to self-identify their business as such in OpenGov. Registration in the City's Procurement Portal is required to submit a response to this solicitation.

For Federal-aid projects, the City requests firms also register in sam.gov. (Note: Sam.gov is a tool the City uses to verify that the Consultant has not been debarred for federally funded contracting. Consultants can register for free.)

https://procurement.opengov.com/portal/seattle http://sam.gov/content/home

7.2 Pre-Submittal Conference

The City offers an optional pre-submittal conference on the date on page 1. A link to the virtual conference session will be provided on OpenGov.. Respondents are highly encouraged to attend but not required to attend to be eligible to submit a proposal. The meeting answers questions about the solicitation and clarifies issues. This also allows Respondents to raise concerns. Failure to raise concerns over any issues at this opportunity will be a consideration in any protest filed regarding such items known as of this pre-response conference.

7.3 Questions

Respondents may email questions to the Procurement Contact until the deadline stated on page 1. 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.

7.4 Changes to the RFQ

The City may make changes to this RFQ if, in the sole judgment of the City, the change will not compromise the City’s objectives in this solicitation. Any change to this RFQ will be made by formal addendum issued by the City, through the Procurement Portal at https://procurement.opengov.com/portal/seattle and shall become part of this RFQ.

7.5 Receiving Addenda and/or Question and Answers

It is the obligation and responsibility of the Consultant to learn of addenda, responses, or notices issued by the City 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.

7.6 Response Submittal

Responses 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.

7.7 Respondent Responsibility to Provide Full Response

It is the Respondent’s responsibility to respond in a manner that does not require interpretation or clarification by the City. The Respondent is to provide all requested materials, forms and information. The Respondent is to ensure the materials submitted properly and https://procurement.opengov.com/portal/seattle accurately reflect the Respondent’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 Respondent after the RFQ deadline; this does not limit the City’s right to consider additional information (such as references that are not provided by the Respondent but are known to the City, or past City experience with the consultant), or to seek clarifications as needed.

7.8 Prohibited Contacts

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

7.9 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 (e.g., repair, installation, service, maintenance work, on-site consulting).

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

d. All costs for any licenses, permits and Seattle Business License taxes owed 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 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 https://www.seattle.gov/city-finance/business-taxes-and-licenses/business-licenses https://www.seattle.gov/city-finance/business-taxes-and-licenses/business-licenses 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.

Federal?

7.10 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 and applications are 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.

7.11 Federal Excise Tax

The City is exempt from Federal Excise Tax.

7.12 No Guaranteed Utilization

The City does not guarantee utilization of any contract(s) awarded through this RFQ process.

The solicitation may provide estimates of utilization; such information is for Consultant convenience and not a usage guarantee. The City reserves the right to issue multiple or partial awards, and/or to order work based on City needs. The City may turn to other appropriate contract sources or supplemental contracts to obtain these same or similar services. The City may re-solicit for new additions to the Consultant pool. Use of such supplemental contracts does not limit the right of the City to terminate existing contracts for convenience or cause.

7.13 Expansion Clause

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

RFQ.

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

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

(c) does not change the identity or main purpose of the Agreement, (d) and otherwise does not result in a cardinal change in scope or size of Agreement.

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

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

7.14 Effective Dates of Offer

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

7.15 Cost of Preparing Responses

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

7.16 Readability

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

7.17 Changes or Corrections to Response Submittal

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

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

7.18 Errors in Responses

Respondents are responsible for errors and omissions in their responses. No error or omission shall diminish the Respondent’s obligations to the City.

7.19 Withdrawal of Response

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

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

7.20 Rejection of Responses

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

7.21 Incorporation of RFQ and Response in Contract

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

7.22 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.

7.23 Equal Benefits

Seattle Municipal Code Chapter 20.45 (SMC 20.45) requires consideration of whether Respondents provide health and benefits that are the same or equivalent to the domestic partners of employees as to spouses of employees, and of their dependents and family members. The Consultant Questionnaire requested in the Submittal instructions includes materials to designate your equal benefits status.

7.24 Women and Minority Subcontracting

7.24A Contracting with Small Businesses, Minority Businesses, Women’s Business Enterprises, Veteran-Owned Businesses, Labor Surplus Area Firms, and Low- and Very Low-Income Persons When possible, the Consultant should ensure that small businesses, minority businesses, women’s business enterprises, veteran-owned businesses, and labor surplus area firms are considered as set forth in items (b) (1)-(5) of 2 CFR 200.321. The Consultant should also make efforts to award subcontracts to business concerns that provide economic opportunities to Section 3 workers as described in 24 CFR Part 75. The City of Seattle reserves its right to require the Consultant to submit additional documentation during the term of the Agreement to verify compliance with these requirements. Additionally, the Consultant shall include the requirements of 2 CFR 200.321 and 24 CFR Part 75 in its subcontracts.

7.24B Civil Rights and Title VI The City of Seattle, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4, and Section 109 of title I of the Housing and Community Development Act of 1974 as amended (42 U.S.C. 5301 et seq.), hereby notifies all submitters that it will affirmatively insure that in any contract entered into pursuant to this advertisement, small and minority business enterprises, women’s business enterprises and labor surplus area firms will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin or sex in consideration for an award.

7.24C Compliance with Americans with Disabilities Act (ADA) and Other Disability Laws If the Consultant is providing services, programs or activities to City employees or members of the public, the Consultant shall not deny participation or the benefits of such services, programs or activities to persons with disabilities on the basis of such disability. Consultant shall provide the services specified in this Contract in a manner that complies with Title II of the ADA and any and all other applicable federal, state and local disability laws and regulations at all times and at no additional cost to City, including but not limited to the Americans with Disabilities Act of 1990; Section 504 of the Rehabilitation Act of 1973, 29 U.S.C § 701 et seq.; and the Washington Law Against Discrimination, Wash. Rev. Code Ann. § 49.60.

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

7.25 Insurance Requirements

Any special insurance requirements are provided as an Attachment and described in section

10.7 of this document. If attached, provide proof of insurance and additional insured endorsement policy language to the City before Contract execution. The apparent successful

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

Respondents are encouraged to immediately contact their Broker to begin preparation of the required insurance documents, if the Respondent is selected as a finalist. Respondents may elect to provide the requested insurance documents within their response.

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

If you have any questions about disclosure of the records you submit with your 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 make public records available promptly 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/response 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 5 on the Respondent 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 http://app.leg.wa.gov/rcw/default.aspx?cite=42.56 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 Respondent also acknowledges that the City will have no obligation or liability to the Respondent 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.

7.27 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

Respondents 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 Respondent.

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 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 administration of the contract or evaluating contract performance. The rule works both ways, as it also prohibits City employees from soliciting items from Respondents.

Involvement of Current and Former City Employees

The Respondent 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 more than 1,000 Hours

The Ethics Code applies to Respondent 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 Respondent is to be aware and familiar with the Ethics Code accordingly.

7.28 No Conflict of Interest

Respondent (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 Respondent performance. The City shall make sole determination as to compliance.

7.29 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.

7.30 Background Checks and Immigrant Status

The City may require background checks for the Respondent, 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.

7.31 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.

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

8. Response Materials and Submittal Prepare your response as follows. Use the following format and provide all attachments.

Failure to provide all information below on proper forms and in the order requested may cause the City to reject your response.

8.1 Consultant Questionnaire (mandatory)

Please download Attachment A in the project documents, complete, and upload.

Provide information to the extent this information is available. If your response is incomplete or requires further description, the City may request additional information within a specified deadline, or may determine the missing information is immaterial.

8.2 Letter of Interest (optional)

Respondent may include a single-page Letter of Interest. This will not be counted in the page limits, evaluation, or scoring.

8.3 Proof of Legal Business Name (if applicable)

Provide a certificate or documentation from the Secretary of State in which you incorporated that shows your company legal name. Many companies use a “Doing Business As” name or nickname in daily business; the City requires the legal name for your company. When preparing all forms below, use the proper company legal name. Your company’s legal name can be verified through the State Corporation Commission in the state in which you were established, which is often located within the Secretary of State’s Office for each state. For the State of Washington, see http://www.secstate.wa.gov/corps.

8.4 Non-Profit Verification (mandatory)

Provide a letter from the Internal Revenue Service (IRS) proving Public Benefit (501c3) non-profit status.

8.5 Solicitation Response (mandatory)

This section details the submittal questions for your response. Your response can include up to 20 pages (8.5” x 11” size paper, 12-point font). The City will evaluate responses using the criteria described in the following pages and the assigned points outlined here and in Section

9.2. Responses will be evaluated, scored, and ranked.

Criterion / Group

Title Assigned Points

1 Project Team Qualifications 30 http://www.secstate.wa.gov/corps/

Criterion / Group

Title Assigned Points

Provide brief resumes for your proposed project team. Describe how their qualifications align with this role, including:

• Relevant experience managing projects of similar scope

• Experience working with low-income homeowners and marginalized populations

• Any relevant professional licenses or qualifications

• Describe the organizational makeup of the project team, including:

o Roles and responsibilities o How each team member’s background aligns with the project goals and scope

• Address the team’s current and projected workload, including any other

OPCD commitments, and explain how you will ensure sufficient staff availability to meet the project’s timeline

2 Past Relevant Experience 25 Describe your team’s experience delivering projects similar to those in your response’s scope. Include:

• Two to four examples of infill development projects completed in the past five years that reflect aspects of the PAD concept.

• Evidence of effective community engagement with low-income homeowners and marginalized communities

• Evidence of experience working with diverse stakeholders, including cultural competencies and language access strategies

3 Soundness of Existing Approach 30 Outline your approach to working with low-income homeowners throughout the development process. Include:

• The expected outcomes and prompts as outlined in Section 5

• How your approach aligns with the PAD program objectives

• How you identify and approach potential homeowners

• How you vet sites for potential development feasibility

• The area(s) of pre-development and development that you provide directly versus those you subcontract

4 Engagement & Project Management 15 Describe how you will manage your organization’s engagement with the City and the PAD pilot. Include:

Criterion / Group

Title Assigned Points

• How you will manage time and engagement on Phase 1 scope of work

• How you will ensure your organization is operationally prepared to take on construction projects, should construction funding become available.

o Include how you either currently meet or plan to meet Phase 2 insurance coverage requirements outlined in Section 10.7.

• Proposed reporting approach to keep the City updated on project progress and outcomes

8.6 Cost and Pricing (mandatory)

Provide a fully loaded hourly rate(s) and a breakdown of how you would use the awarded funds to execute on the deliverables outlined in the Phase 1…