RFP 25-0117JMC Stormwater.pdf

REQUEST FOR PROPOSALS

(“RFP”)

RFP NO. 25-0117JMC

PROJECT TITLE: Developing and maintaining a model policy and practice clearinghouse to improve practices to support clean water

WSU Department: Washington State University, Washington Stormwater Center

PROPOSAL DUE DATE: March 14, 2025, at 3:00 pm Pacific Time, Pullman, Washington, USA.

ESTIMATED TIME PERIOD FOR CONTRACT: An initial term of approximately two (2) years is anticipated.

RESPONDENT ELIGIBILITY: This procurement is open to those Respondents that satisfy the minimum qualifications stated herein and that are available for work in Washington State and are licensed in the United States.

Table of Contents

1. INTRODUCTION

1.1. PURPOSE

1.2. ABOUT WASHINGTON STATE UNIVERSITY

1.3. OBJECTIVES

1.4. SCOPE OF WORK

1.5. PERIOD OF PERFORMANCE

1.6. PROJECT BUDGET

1.7. QUALIFICATIONS OF THE CONSULTANT

1.7.1. Experience developing online resources

1.7.2. Experience working with municipalities

1.7.3. Experience translating technical and scientific information

1.7.4. Demonstrated track record of providing deliverables on schedule and within budget

1.7.5. Strong communications skills

1.7.6. Experience providing technical assistance

2. GENERAL INFORMATION FOR CONTRACTORS

2.1. RFP COORDINATOR

2.2. ESTIMATED SCHEDULED FOR PROCUREMENT ACTIVITITIES

2.3. SUBMISSION OF PROPOSALS

2.4. REVISIONS TO THE RFP

2.5. ACCEPTANCE PERIOD

2.6. RESPONSIVENESS

2.7. PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

2.8. MINORITY & WOMEN-OWNED BUSINESS PARTICIPATION

2.9. MOST FAVORABLE TERMS

2.10. MODEL CONTRACT

2.11. COSTS TO PROPOSE

2.12. NO OBLIGATION TO CONTRACT

2.13. REJECTION OF PROPOSALS

2.14. COMMITMENT OF FUNDS

2.15. ELECTRONIC PAYMENT

2.16. INSURANCE COVERAGE

3. CONTENTS OF THE PROPOSAL

4. EVALUATION AND CONTRACT AWARD

4.1 EVALUATION PROCEDURE

4.2 EVALUATION WEIGHTING AND SCORING

4.3 ORAL PRESENTATIONS MAY BE REQUIRED

4.4 NOTIFICATION TO RESPONDENTS

4.5 DEBRIEFING OF UNSUCCESSFUL RESPONDENT

4.6 COMPLAINT PROCESS:

4.7 PROTEST PROCEDURE

5. RFP EXHIBITS

• Attachment 1 – Scope of Work

• Exhibit A: Certifications & Assurances

• Exhibit B: Contractor Information

• Exhibit C: Fee Worksheet

• Exhibit D: Model Contract

1. INTRODUCTION

1.1. PURPOSE

Washington State University (hereafter “University” or “WSU”) is initiating this Request for Proposals (“RFP”) to solicit proposals from firms (the “Consultant”, “Respondent,” the “Vendor,” the “Bidder” or, post-award, the “Contractor”) capable of assisting the Washington Stormwater Center (“WSC”) develop a clearing house of policy resources to assist local jurisdictions with environmental codes, best practices and regulations.

1.2. ABOUT WASHINGTON STATE UNIVERSITY

University Overview

Founded in 1890 in Pullman, WSU is Washington’s land-grant university with a mission of improving the quality of life for all citizens -- locally, nationally, and globally. As a comprehensive leading land-grant institution, WSU is committed to excellence in each of its research, teaching and outreach missions. WSU’s mission is to drive education and innovation into Washington’s communities to support and grow the state’s economy.

Washington Stormwater Center Overview The Washington Stormwater Center (“WSC”) was created by the Washington State Legislature in 2009 under RCW 90.48.545. WSC was charged to serve as Washington’s Stormwater Technical Resource Center. WSC’s mission is to provide stormwater management solutions and leadership through research, training, and education. WSC is a partner in the Stormwater Strategic Initiative Lead which is the core driver in Puget Sound recovery.

1.3. OBJECTIVES

The objective of this RFP is to select a Consultant to develop or enhance a clearinghouse for model ordinances and environmental policy resources and support. This includes development of model policies, codes, and ordinances to identify improvements to existing codes to fill environmental needs and gaps. This may also include guidance on how to draft regulations that can be measured and easily enforced. The successful applicant for this award will develop online resources and a shared space for the information, will develop an advisory team to guide the development of the clearinghouse itself, and will host the resources or find a long-term host for the resources into the future. Washington Stormwater Center will manage the advisory team and provide ongoing collaboration. The intent is to permanently house the clearinghouse at Washington Stormwater Center- PREC.

1.4. SCOPE OF WORK

Attachment 1 to this RFP provides the details of the project purpose, project description, and tasks that comprise the Scope of Work along with the required deliverables.

1.5. PERIOD OF PERFORMANCE

The period of performance of any contract resulting from this RFP will have an initial term of approximately two (2) years.

1.6. PROJECT BUDGET

The maximum budgeted amount is $351,877.00.

1.7. QUALIFICATIONS OF THE CONSULTANT

1.7.1. Experience developing online resources, intimate familiarity with stormwater, surface water and wastewater science, laws, regulations and local code development and enforcement dynamics.

1.7.2. Experience working with municipalities, community groups, academic institutions, trade associations, state/regulatory agencies in multi-party collaborations to develop materials for multiple audiences.

1.7.3. Experience translating technical and scientific information into forms tailored for discrete audiences. Understanding of how to build capacity in under resourced jurisdictions and communities.

1.7.4. Demonstrated track record of providing deliverables on schedule and within budget.

1.7.5. Strong communications skills with diverse groups, including some familiarity with framing, cognition and behavior change.

1.7.6. Experience providing technical assistance to jurisdictions and other audiences on code updates or other local regulatory mechanisms.

2. GENERAL INFORMATION FOR CONTRACTORS

2.1. RFP COORDINATOR

The RFP Coordinator is the sole point of contact in the University for this procurement. Unless otherwise provided herein, all communication between the Respondent and the University upon release of this RFP shall be with the RFP Coordinator, as follows:

Name JoAnne Costa

Address Washington State University Purchasing Services French Administration Building, Room 242 Pullman, WA 99164 Attn: 25-0117JMC

E-Mail Address joanne.costa@wsu.edu

Phone Number 509-335-3695

Only communication in writing between the Respondents and the RFP Coordinator will be binding.

Communication regarding the RFP directed to parties other than the RFP Coordinator may result in disqualification of the Respondent.

2.2. ESTIMATED SCHEDULED FOR PROCUREMENT ACTIVITITIES

Issue Request for Proposals January 17, 2025

Question & answer period Ends January 31, 2025 @ 4 pm PT

Issue last addendum to RFP February 7, 2025

Proposals due to purchasing.sealed@wsu.edu March 14, 2025 @ 3 pm PT

The University reserves the right to revise the above schedule.

2.3. SUBMISSION OF PROPOSALS

Proposals must be received by the RFP Coordinator no later than 3:00 p.m., PDT, in Pullman, Washington, on March 14, 2025, at 3:00 pm PT. Proposals received after this deadline will be late and ineligible for consideration. Following the deadline, the names of those responding to the RFP may be made available upon request. All other information will remain confidential, to the extent allowed by law (see 2.7 below for more details).

Proposals must be submitted electronically as an attachment to an e-mail sent to purchasing.sealed@wsu.edu. The email subject line must include the WSU RFP number 25- 0117JMC, the company name for the bidder, and RFP due date of March 14, 2025. All attachments to the e-mail must be in PDF format. Zipped files cannot be received by WSU and cannot be used for submission of proposals. The cover submittal letter and the Certifications and Assurances form need a scanned or verified digital signature of the individual within the organization authorized to bind the Contractor to the offer. Respondents that do not receive an automatic reply from purchasing.sealed@wsu.edu confirming receipt of their proposal may call 509-335-3541 to confirm receipt.

Bidders submitting proposals should allow adequate delivery time to ensure timely receipt of their responses by the RFP Coordinator. Bidder Bidders assume the risk for the method of delivery chosen. Washington State University assumes no responsibility for delays caused by any delivery service. Late responses shall be automatically disqualified from further consideration.

2.4. REVISIONS TO THE RFP

In the event it becomes necessary to revise any part of this RFP, addenda will be published on https://fortress.wa.gov/ga/webs/. For this purpose, the published questions and answers and any other pertinent information shall be provided as an addendum to the RFP and will be placed on the website.

The University also reserves the right to cancel or to reissue the RFP in whole or in part, prior to execution of a contract.

2.5. ACCEPTANCE PERIOD

Proposals must provide for acceptance by the University for at least 180 calendar days after the due date for this RFP.

2.6. RESPONSIVENESS

All proposals will be reviewed by the RFP Coordinator to determine compliance with administrative requirements and instructions specified in this RFP. The Respondent is specifically notified that failure to comply with any part of the RFP may result in rejection of the proposal as non-responsive.

The University also reserves the right at its sole discretion to waive minor administrative irregularities.

2.7. PROPRIETARY INFORMATION/PUBLIC DISCLOSURE

Proposals submitted in response to this competitive procurement shall become the property of the University. All proposals received shall remain confidential until the contract, if any, resulting from this RFP is signed by the President of the University, or Designee, and the Apparent Successful Contractor; thereafter, the proposals shall be deemed public records as defined in Chapter 42.56 of the Revised Code of Washington (“RCW”).

mailto:purchasing.sealed@wsu.edu mailto:purchasing.sealed@wsu.edu https://fortress.wa.gov/ga/webs/

Any information in the proposal that the Respondent desires to claim as proprietary and exempt from disclosure under the provisions of Chapter 42.56 RCW, or other state or federal law that provides for the nondisclosure of your document, must be clearly designated. The information must be clearly identified and the particular exemption from disclosure upon which the Respondent is making the claim must be cited. Each page containing the information claimed to be exempt from disclosure must be clearly identified by the words “Proprietary Information” printed on the lower right-hand corner of the page. Marking the entire proposal exempt from disclosure or as Proprietary Information will not be honored.

If a public records request is made for the information that the Respondent has marked as "Proprietary Information," the University will notify the Respondent of the request and of the date that the records will be released to the requester unless the Respondent obtains a court order enjoining that disclosure. If the Respondent fails to obtain the court order enjoining disclosure, the University will release the requested information on the date specified. If a Respondent obtains a court order from a court of competent jurisdiction enjoining disclosure pursuant to Chapter 42.56 RCW, or other state or federal law that provides for nondisclosure, the University shall maintain the confidentiality of the Respondent's information per the court order.

A charge may be made for copying and shipping, as outlined in RCW 42.56. All requests for information should be directed to the RFP Coordinator.

2.8. MINORITY & WOMEN-OWNED BUSINESS PARTICIPATION

In accordance with chapter 39.19 RCW, the state of Washington encourages participation in all of its contracts by firms certified by the Office of Minority and Women’s Business Enterprises (“OMWBE”). Participation may be either on a direct basis in response to this solicitation or on a subcontractor basis. However, no preference will be included in the evaluation of proposals, no minimum level of MWBE participation shall be required as a condition for receiving an award, and proposals will not be rejected or considered non-responsive on that basis.

For information on certified firms, parties may contact OMWBE at 360-753-9693 or http://www.omwbe.wa.gov.

2.9. MOST FAVORABLE TERMS

The University reserves the right to make an award without further discussion of the proposal submitted. Therefore, the proposal should be submitted initially on the most favorable terms which the Respondent can propose. There may be no best and final offer procedure, however, the University reserves the right to utilize a best and final offer procedure if it is determined to be in its best interest to do so. The University also reserves the right to contact a Respondent for clarification of its proposal.

The Apparent Successful Contractor should be prepared to accept this RFP for incorporation into a contract resulting from this RFP. Contract negotiations may incorporate some or all of the Respondent’s proposal. It is understood that the proposal will become a part of the official procurement file on this matter without obligation to the University.

2.10. MODEL CONTRACT

The Apparent Successful Contractor will be expected to enter into a contract including terms and conditions legally consistent with the Model Contract provided in Exhibit D. The Respondent may http://www.omwbe.wa.gov/ submit exceptions to the Model Contract as allowed in the Certifications and Assurances form, Exhibit A to this RFP. The Respondent should provide alternate language for any exceptions taken to WSU’s Model Contract. All exceptions to the contract terms and conditions must be submitted as an attachment to Exhibit A, Certifications and Assurances form. The University will review any properly requested exceptions and accept or reject the same at its sole discretion. Blanket exceptions to the Model Contract, or the inclusion of any other template agreement, will not be reviewed by WSU and may result in a bid being designated as non-responsive.

2.11. COSTS TO PROPOSE

The University will not be liable for any costs incurred by the Respondent in preparation of a proposal submitted in response to this RFP, in conduct of a presentation, or any other activities related to responding to this RFP.

2.12. NO OBLIGATION TO CONTRACT

This RFP does not obligate the state of Washington or the University to contract for products or services specified herein.

2.13. REJECTION OF PROPOSALS

The University reserves the right at its sole discretion to reject any and all proposals received without penalty and not to issue a contract as a result of this RFP.

2.14. COMMITMENT OF FUNDS

The President of the University or his delegate is the only individual who may legally commit the University to the expenditures of funds for a contract resulting from this RFP. No cost chargeable to the proposed contract may be incurred before receipt of a fully executed contract.

2.15. ELECTRONIC PAYMENT

Washington State University utilizes an electronic payables system. The successful contractor may be provided a form to complete with the contract to authorize electronic payments.

2.16. INSURANCE COVERAGE

The Apparent Successful Contractor is to furnish the University with a certificate(s) of insurance executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth in the Model Contract included as Exhibit D.

3. CONTENTS OF THE PROPOSAL

Proposals should be presented in the eight sections indicated below. Sections sharing a common file format (i.e., PDF) may be combined into a single document provided that each section is clearly identifiable. Incomplete responses may be disqualified from further consideration.

SECTION NO AND TITLE SECTION DESCRIPTION

SECTION 1

INTRODUCTION

Signed cover letter of introduction expressing desire to be considered for this opportunity and demonstrating an understanding of the outlined scope of services and other requirements set forth in the RFP.

SECTION 2

CONTRACTOR

EXPERIENCE

Describe experience with similar projects, including successful examples of developing model ordinances, policies and guidelines for jurisdictions and providing technical assistance to jurisdictions and related audiences.

SECTION 3

STAFF QUALIFICATIONS

Team structure and list of personnel to be assigned to this project along with information on their relevant experience and certifications. Contact information should be included.

SECTION 4

PROJECT APPROACH

A proposed approach for the Scope of Work using effective project management to meet the stated objective. Include a proposed schedule and statement of availability. Describe project management tasks.

SECTION 5

COST

Propose all-inclusive fee under $351,877 broken down by tasks described in Attachment 1 – Scope of Work. Billing terms must not require any prepayment in advance for services. Progress billings are acceptable.

SECTION 6

CLIENT LIST/REFERENCES

Provide a list of clients served within last two (2) years which required services similar to those described in the Scope of Work. Include contact information for at least two (2), preferably municipalities

SECTION 7

OTHER INFO

Any additional information relevant to this RFP.

SECTION 8

WSU FORMS

Attachment 1 – Scope of Work Exhibit A Certification and Assurances and Model Contract Exceptions (if any) Exhibit B Contractor Information Exhibit C Fee Worksheet – Excel file Exhibit D Model Contract

4. EVALUATION AND CONTRACT AWARD

4.1 EVALUATION PROCEDURE

Responsive proposals will be evaluated strictly in accordance with the requirements stated in this solicitation and any addenda issued. The evaluation of proposals shall be accomplished by an evaluation team(s), to be designated by the Washington Stormwater Center, which will determine the scoring of the proposals.

The University, at its sole discretion, may elect to select the top-scoring firms as finalists for oral interviews and may adjust scoring based on an evaluation thereof.

The RFP Coordinator may contact the Respondent for clarification of any portion of the Respondent’s proposal.

4.2 EVALUATION WEIGHTING AND SCORING

All Proposals will be initially reviewed for administrative compliance with the requirements set forth in this RFP. Any failure to provide information requested or to follow the instructions provided herein, may result in a determination that your proposal is not responsive. All responsive proposals will be evaluated as follows:

SECTION NO.

TITLE

SECTION DESCRIPTION LINE ITEM POINTS -

MAXIMUM

SECTION POINTS

AWARDED

SECTION 1

INTRODUCTION

Introduction Mandatory, but not scored

N/A

SECTION 2

CONSULTANT

EXPERIENCE

Consultant overall experience Experience developing similar online resources/clearinghouses Experience working with municipalities

30 points max 15 points max

15 points max

60 points

SECTION 3

STAFF

QUALIFICATIONS

Staff qualifications/experience Team structure

15 points max 10 points max

25 points

SECTION 4

PROJECT

APPROACH

Quality of Approach Plan Project management and methodology Proposed schedule and availability

20 points max 10 points max 10 points max

40 points

SECTION 5

COST

Flat fee for the professional services Amount for indirect expenses

10 points max 10 points max

20 points

SECTION 7

OTHER

INFORMATION

Any additional information relevant to this RFP

Optional, not scored

N/A

SECTION 8

WSU FORMS

Exhibit A Certification and Assurances Exhibit B Contractor Information Exhibit C Fee Worksheet Exhibit D Model Contract

Mandatory, but not scored

N/A

SUB-TOTAL

145 points

References will be contacted for top scoring bidders only.

SECTION 6

REFERENCES

References

10 points max

10 points

GRAND TOTAL

FOR WRITTEN

PROPOSAL

155 points

The University reserves the right to award the contract to the Respondent whose proposal is deemed to be in the best interest of the University and the state of Washington.

4.3 ORAL PRESENTATIONS MAY BE REQUIRED

Written proposals and oral presentations, if considered necessary, will be utilized in selecting the winning proposal. The University, at its sole discretion, may elect to select the top scoring finalists from the written evaluation for an oral presentation and final determination of contract award.

Should the University elect to hold oral presentations, it will contact the top-scoring firm(s) to schedule a date, time and location. Commitments made by the Contractor at the oral interview, if any, will be considered binding. The score from the oral presentation will be considered independently and will determine the apparently successful bidder.

4.4 NOTIFICATION TO RESPONDENTS

Upon completion of the evaluation process, the University will notify its selected bidder (“Apparent Successful Contractor”), subject to completion of contract negotiations and execution of a written contract. Bidders whose proposals were not selected for further negotiation or award will be notified separately by e-mail.

4.5 DEBRIEFING OF UNSUCCESSFUL RESPONDENT

Any bidder who has submitted a proposal and been notified that they were not selected for contract award may request a debriefing. The request for a debriefing conference must be received by the RFP Coordinator no later than 5:00 PM, local time, in Pullman, Washington, within three (3) business days after the Unsuccessful Respondent Notification is e-mailed to the Respondent. The debriefing should be held within three (3) business days of the request.

Discussion at the debriefing conference will be limited to the following:

• Evaluation and scoring of the firm’s proposal;

• Critique of the proposal based on the evaluation;

• Review of bidder’s final score in comparison with other final scores without identifying the other firms.

Comparisons between proposals or evaluations of the other proposals will not be allowed.

Debriefing conferences may be conducted in person or on the telephone and will be scheduled for a max of one hour.

4.6 COMPLAINT PROCESS:

The complaint process allows bidders to focus on the solicitation requirements and evaluation process and raise issues with these processes early enough to allow University to correct a problem before bids are submitted and time expended on evaluations.

The procurement complaint process will meet the following minimum requirements:

4.6.1. Bidders will be given an opportunity to submit a complaint to University based on any of the following:

a. The solicitation unnecessarily restricts competition;

b. The solicitation evaluation or scoring process is unfair or flawed; or

c. The solicitation requirements are inadequate or insufficient to prepare a response.

4.6.2. Bidders will be allowed to submit complaints up to five (5) business days prior to the bid response deadline. Complaints must meet the following requirements:

a. Must be in writing.

b. Must be sent to the RFP Coordinator, or designee.

c. Should clearly articulate the basis for the complaint.

d. Should include a proposed remedy.

4.6.3. The RFP Coordinator will respond to complaints in writing.

4.6.4. The response to complaints including any changes to the solicitation will be posted as an amendment on WEBS.

4.6.5. The Director of WSU Purchasing Services or an employee delegated by the Director who was not involved in the procurement will be notified of all complaints and will be provided a copy of the response.

4.6.6. The complaint may not be raised again during the protest period.

4.6.7. The complaint process does not include an appeal process.

4.7 PROTEST PROCEDURE

Protests may be made only by Respondents who submitted a response to this solicitation document and who have participated in a debriefing conference. Upon completing the debriefing conference, the Respondent is allowed three (3) business days to file a protest of the acquisition with the RFP Coordinator. Protests must be received by the RFP Coordinator no later than 5:00 PM, local time, in Pullman, Washington on the third business day following the debriefing. Protests may be submitted by e-mail but must then be followed by the document with an original signature.

Respondents protesting this procurement shall follow the procedures described below. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to Respondents under this procurement.

All protests must be in writing, addressed to the RFP Coordinator, and signed by the protesting party or an authorized Agent. The protest must state the RFP number, the grounds for the protest with specific facts and complete statements of the action(s) being protested. A description of the relief or corrective action being requested should also be included.

Only protests stipulating an issue of fact concerning the following subjects shall be considered:

• A matter of bias, discrimination or conflict of interest on the part of an evaluator;

• Errors in computing the score;

• Non-compliance with procedures described in the procurement document or University policy.

Protests not based on procedural matters will not be considered. Protests will be rejected as without merit if they address issues such as: 1) an evaluator’s professional judgment on the quality of a proposal, or 2) University’s assessment of its own and/or other agencies needs or requirements.

Upon receipt of a protest, a protest review will be held by the University. The University Purchasing Director or an employee delegated by the Director who was not involved in the procurement will consider the record and all available facts and issue a decision within five (5) business days of receipt of the protest. If additional time is required, the protesting party will be notified of the delay.

In the event a protest may affect the interest of another Respondent that also submitted a proposal, such Respondent will be given an opportunity to submit its views and any relevant information on the protest to the RFP Coordinator.

The final determination of the protest shall:

• Find the protest lacking in merit and uphold the University’s action; or

• Find only technical or harmless errors in the University’s acquisition process and determine the University to be in substantial compliance and reject the protest; or

• Find merit in the protest and provide the University options which may include:

--Correct the errors and re-evaluate all proposals, and/or --Reissue the solicitation document and begin a new process, or --Make other findings and determine other courses of action as appropriate.

If the University determines that the protest is without merit, the University will enter into a contract with the Apparent Successful Contractor. If the protest is determined to have merit, one of the alternatives noted in the preceding paragraph will be taken.

5. RFP EXHIBITS

Each exhibit is uploaded separately into WEBS (https://fortress.wa.gov/ga/webs/):

• Attachment 1 – Scope of Work

• Exhibit A: Certifications & Assurances

• Exhibit B: Contractor Information

• Exhibit C: Fee Worksheet

• Exhibit D: Model Contract

------ END OF RFP ------

https://fortress.wa.gov/ga/webs/

RFP 25-0117JMC

TITLE: DEVELOPING AND MAINTAINING A CLEARINGHOUSE OF MODEL ORDINANCES AND POLICY RESOURCES FOR LOCAL JURISDICTIONS TO IMPROVE WATER QUALITY THROUGH ENHANCED COMPLIANCE WITH ENVIRONMENTAL REGULATIONS.

Attachment 1 – Scope of Work

Project Purpose

Developing or enhancing a clearinghouse for resources and support. This would include development of model policies, codes and ordinances to identify improvements to existing codes to fill environmental needs and gaps. This may include guidance on how to draft regulations that can be measured and easily enforced. The successful applicant for this award will develop online resources and a shared space for the information, will collaborate with an advisory team to guide the development of the clearinghouse itself, and will host the resources or find a long-term host for the resources into the future. It takes substantive resources (legal and technical) to transform a code or regulation gleaned from an outside source and then incorporated into a municipality’s legal structure.

Project Description

The Washington Department of Ecology amended its contract with Washington State University for the WSU Stormwater Strategic Initiative Project. The amendment includes tasks for the development of a clearing house to include model policies and education and outreach support.

Task 1: Audience Identification and Needs Assessment: The consultant will conduct a needs assessment and identify the different audiences that should be priorities for using the Model Ordinance Clearinghouse.

A sampling of questions would include, but are not limited to, the following: (1) who needs the service? (2) which types of ordinances do you not have on the books but would like to? Some of the likely audiences will be municipal jurisdictions, HOAs, planners, utilities, surface water managers, code enforcement, tribes, and engineers/contractors and the regulated community.

Deliverable 1.1: Draft Needs Assessment Questions

Deliverable 1.2: List of audiences, identified by type and discipline. Audiences must be identified specifically by name, including email and contact information.

Deliverable 1.3: Needs Assessment

Task 2: Partnership Option Analysis: The Consultant will explore how a partnership with MSRC, the Municipal Research and Services Center, could be a partner that houses the Clearinghouse long-term or be a fiscal and operational partner. The Consultant will also explore functions such as code scrubbing and consider partnering with law schools regionally and policy students at Evergreen State College, Western Washington University or other interested academic partners. Explore Homeowner Associations (HOAs) and Covenants, conditions and Restrictions (CC&R) (during plat development and filed)

Deliverable 2.1: MSRC Sketch and potential options analysis: Develop short options analysis based on preliminary conversations with MSRC.

Deliverable 2.2: University Partnership Sketch: Describe which departments at Evergreen State College, Western Washington University or another similar academic institution that .would be plausible partners for long-term operation of the Clearinghouse.

Task 3. Strength, Needs and Opportunities (SNO) analysis: The Consultant will work with the agreed upon audiences to identify what approaches, tools, laws and capacity building worked, and needed improvement, with respect to law, code, and ordinance development, implementation and communication. The analysis will analyze which combinatorial factors enhance better compliance rates.

Deliverable 3.1: Draft SNO questions.

Deliverable 3.2: SNO responses and analysis, with recommendations for how to remove barriers to more effective ordinances, codes and polices. Focus on the types of ordinances that the identified audiences are interested in (including “cutting edge” issues such as wildland-urban interface codes).

Task 4. Model Ordinance Center Scope: The consultant will work with an advisory group to determine what types of ordinances, codes and associated policies should form the scope of the Clearinghouse’s work, including “cutting edge” issues. Examples include but are not limited to climate resilience strategies, Environmental Justice integration, Green Stormwater Infrastructure (GSI), pollution prevention, comprehensive planning, land use and stormwater codes, urban tree retention and leaf area index work;

herbicide/pesticide/lawn care, HOAs, health codes for sewage, wastewater, and septic system installation and maintenance (septic systems) and septic compliance. An important subject will be practices regarding power washing of buildings from 1950-1980 that has PCB implications, including procedures for post fire clean up and AFFF (for really hot fires).

Deliverable 4.1: List of ordinances, codes, policies and approaches recommended for Model Ordinance scope. If necessary, the list can be phased 1-3, with the first phase being issues that need to be addressed first.

Task 5. Beyond Good Words on Paper: The Consultant will develop approaches and steps for how to engage with decision makers and community members and community- based organizations. This includes how to select and cultivate the “right fit” people to deploy in the field for direct outreach, education, de-escalation skills, conflict management, communication, how to frame regulations from a communications standpoint so they are viewed as a risk management, safe harbor and positive investment, and how to address staff carrying capacity and succession planning.

Deliverable 5.1: Reference list of best practices and references.

Deliverable 5.2: Recommendations for how to the best practices tailored staffing and using effective communications framing on how to “sell” the investment of ordinances, policies and laws.

Task 6. Technical Assistance Function: The Consultant will develop a series of model codes, ordinances and/or CCRs in collaboration with clients of the Clearinghouse.

CERTIFICATIONS AND ASSURANCES

EXHIBIT A

to be submitted with Proposal

I/we make the following certifications and assurances on behalf of _____________________________________ as a required element of the proposal to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related contract:

1. I/we declare that all answers and statements made in the proposal are true and correct.

2. The prices and/or cost data have been determined independently, without consultation, communication, or agreement with others for the purpose of restricting competition. However, I/we may freely join with other persons or organizations for the purpose of presenting a single proposal.

3. The attached proposal is a firm offer and will remain valid for at least 180 days or until _____________, and it may be accepted by the University without further negotiation (except where obviously required by lack of certainty in key terms) at any time prior to ____________.

4. In preparing this proposal, I/we have not been assisted by any current or former employee of the state of Washington whose duties relate (or did relate) to this proposal or prospective contract, and who was assisting in other than his or her official, public capacity. If there are exceptions to these assurances, I/we have described them in full detail on a separate page attached to this document.

5. I/we understand that the University will not reimburse me/us for any costs incurred in the preparation of this proposal. All proposals become the property of the University, and I/we claim no proprietary right to the ideas, writings, items, or samples, unless so stated in this proposal.

6. Unless otherwise required by law, the prices and/or cost data which have been submitted have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by him/her prior to opening, directly or indirectly, to any other Proposer or to any competitor.

7. I/we agree that submission of the attached proposal constitutes acceptance of the solicitation contents and the attached sample contract and general terms and conditions. If there are any exceptions to these terms, I/we have described those exceptions in detail on a page attached to this document.

8. No attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

9. I/we grant the University the right to contact references and others, who may have pertinent information regarding the ability of the Respondent and the lead staff person to perform the services contemplated by this RFP.

10. If any staff member(s) who will perform work on this contract has retired from the State of Washington under the provisions of the 2008 Early Retirement Factors legislation, his/her name(s) is noted on a separately attached page.

11. Washington Wage Law Certification: Prior to awarding a contract, institutions of higher education in the state of Washington are required to determine that a bidder is a “responsible bidder.” See RCW 39.26.160(2) & (4). Pursuant to legislative enactment in 2017, the responsible bidder criteria include a contractor certification that the contractor has not willfully violated Washington’s wage laws. I/we hereby certify, under penalty of perjury under the laws of the State of Washington, that I/we are not currently debarred from doing business with the State of Washington.

INITIAL ONE:

_______ NO WAGE VIOLATIONS. I/We have NOT been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082 any provision of RCW chapters 49.46, 48.48, or 49.52 within three (3) years prior to the date of signing this Certifications & Assurances form below.

OR

_______ VIOLATIONS OF WAGE LAWS. I/We have been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, a provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the above-referenced procurement solicitation date.

12. Terms and conditions of Washington State University. INITIAL ONE:

______ NO EXCEPTIONS ARE TAKEN TO THE TERMS OF THE MODEL CONTRACT

______ EXCEPTIONS OUTLINED ON THE ATTACHED PAGE ARE TAKEN TO THE TERMS OF THE MODEL

CONTRACT.

ON BEHALF OF THE RESPONDENT SUBMITTING THIS PROPOSAL, MY NAME BELOW ATTESTS TO THE

ACCURACY OF THE ABOVE STATEMENTS.

SIGNATURE TITLE PRINTED NAME

EMAIL ADDRESS TELEPHONE DATE

Modifications to General Terms and Conditions

The following additional terms are added to the General Terms and Conditions:

55. FUNDING ATTRIBUTION - Reports, documents, signage, or other media, developed as part of projects funded by this Contract shall contain the following statement:

“This project has been funded wholly or in part by the United States Environmental Protection Agency under assistance agreement 01J95801 to the State of Washington. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.”

56. ADDITIONAL REQUIREMENTS - The Contractor agrees to comply with the applicable contract administration provisions of 40 CFR Section 33.302 (a)- (d) and (i).

Exhibit B

CONTRACTOR INFORMATION

to be submitted with Response

CONTRACTOR (LEGAL NAME OF ENTITY)

ADDRESS FOR THE PRINCIPLE PLACE OF BUSINESS

CITY, STATE, ZIP:

TELEPHONE

STRUCTURE (CORPORATION, PARTNERSHIP, SOLE PROPRIETORSHIP, ETC.)

YEAR ESTABLISHED

FEDERAL EMPLOYER ID

WASHINGTON UBI (REVENUE REGISTRATION NUMBER)

NAME, TITLE, ADDRESS, EMAIL, PHONE, AND FAX NUMBERS FOR CONTRACTOR’S RFP CONTACT.

NAME AND TITLE

ADDRESS:

CITY, STATE, ZIP

PHONE:

FAX:

E-MAIL

PRINCIPLE OFFICERS (E.G.: PRESIDENT, VICE PRESIDENT, TREASURER, BOARD CHAIRPERSON)

NAME TITLE EMAIL ADDRESS

CONTRACTOR'S EMPLOYEE RELATIONSHIP TO STATE OF WASHINGTON

If the Contractor or any party named above was, or is, an employee of WA State during the past 24 months, the following information is required: If none, indicate “not applicable”.

NAME AGENCY TITLE SEPARATION DATE

PERSONS EMPLOYED BOTH BY CONTRACTOR AND STATE OF WASHINGTON

Contractors employing or having on their governing board as of the date of their proposal, WA State employees, or former WA State employees, shall identify such persons and their position and responsibilities within the Contractor’s organization. If none, indicate “not applicable”.

NAME AGENCY TITLE SEPARATION DATE (OR N/A)

Responsibilities:

Responsibilities:

Name: Scope of Work All Inclusive Fee Task 1 Task 2 Task 3 Task 4 Task 5 Task 6

Grand Total $0.00

RFP 25-0117JMC Exhibit C WSU Washington Storwater Center

Exhibit D – RFP 25-0117JMC

WSU Contract SPC00xxxx

1. PARTIES

This WSU Contract SPC00xxxx (“Contract”) is dated the date of last signature below and is between Washington State University, an institution of higher education and an agency of the state of Washington (“WSU”), and Party Name, an entity type residing/incorporated in the state of (“Contractor”).

2. PURPOSE

This Contract provides the terms and conditions applicable to a personal service provided by Contractor for the benefit of WSU. The performance of this Contract is consistent, compatible, and beneficial to the role and mission of WSU as an institution of higher education and an agency of the state of Washington.

3. SCOPE OF WORK

3.1 Contractor will provide services, staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth and detailed in the Scope of Work (“SOW”) in Exhibit A. Exhibit A is attached hereto and incorporated into this Contract by reference.

3.2 Contractor will make reasonable efforts to carry out the SOW.

4. PERIOD OF PERFORMANCE

The period of performance shall be START DATE, or date of execution, whichever is later, through END DATE (“Period of Performance”), unless a written amendment to this Contract is mutually agreed upon in writing.

5. COMPENSATION AND PAYMENT

5.1 WSU shall pay an amount not to exceed $xx.xx for the performance of all things necessary for and incidental to the performance of work as set forth in the SOW (“Contract Cost Limitation”). All payments under this Contract shall be in United States dollars. Contractor’s compensation for services rendered shall be in accordance with the following terms:

A. Fees: Contractor shall charge fees at the rate of $xx.xx per hour/day/month, an amount not to exceed $xx.xx (“Contract Fee Limitation”), which amount is included in the Contract Cost Limitation and itemized as described in chart below.

B. Expenses: Contractor shall receive reimbursement for travel and other expenses as identified below or as authorized in advance by WSU as reimbursable. The maximum amount to be paid to the Contractor for authorized expenses shall not exceed $x,xxx (“Contract Expense Limitation”), which amount is included in the Contract Cost Limitation. Reimbursement shall be consistent with the following:

i. Transportation expenses such as mileage, parking, ground transportation, and car rental.

a. Airfare: Economy or coach class only.

b. Rental car transportation: Contractor is to utilize Enterprise Rent-a-Car or National Car Rental Co. Reserve vehicles with WSU Corporate Account 45WA000 and pin

WAS.

c. Mileage reimbursement: University will reimburse mileage at the current applicable travel reimbursement rates posted by the United States General Services Administration (“GSA”) (https://www.gsa.gov/travel/plan-book/transportation-airfare-pov-etc/privately-owned-vehicle-pov-mileage-reimbursement-rates).

ii. Lodging and subsistence necessary during periods of required travel: Contractor shall receive compensation for travel expenses at current applicable travel reimbursement rates posted by the GSA (https://www.gsa.gov/travel/plan-book/per-diem-rates). Contractor is to request the state government lodging rates for reimbursable lodging under this Contract.

iii. Other expenses authorized under this Contract may be pre-approved by WSU’s Contract Manager.

5.2 Neither the Contract Fee Limitation nor the Contract Expense Limitation shall be exceeded unless a written amendment to this Contract is mutually agreed upon by the parties.

6. BILLING PROCEDURES

6.1 WSU will pay Contractor upon receipt of properly completed invoices. Invoices shall be submitted by email to xxxxxxxxxxxxxxxxx@wsu.edu. The address for WSU listed on the invoice shall be as follows:

Washington State University Controller’s Office Attn: WSU Contract SPC00xxxx Pullman, WA 99164-1025

6.2 The invoices shall describe and document to the WSU’s satisfaction a description of the work performed, the progress of the project, and fees. Invoices must reference WSU Contract SPC00xxxx. If expenses are invoiced, provide a detailed breakdown of each type. Any single expense in the amount of $50.00 or more must be accompanied by a receipt in order to receive reimbursement.

6.3 Payment shall be considered timely if made by the WSU within thirty (30) days after receipt of a properly completed invoice. Payment shall be sent to the address designated by the Contractor.

6.4 WSU may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract.

https://www.gsa.gov/travel/plan-book/transportation-airfare-pov-etc/privately-owned-vehicle-pov-mileage-reimbursement-rates https://www.gsa.gov/travel/plan-book/transportation-airfare-pov-etc/privately-owned-vehicle-pov-mileage-reimbursement-rates https://www.gsa.gov/travel/plan-book/per-diem-rates

6.5 Contractor shall not invoice in advance or in anticipation of providing services or supplies under this Contract. No payments in advance or in anticipation of providing services or supplies provided under this Contract will be made by WSU.

6.6 All invoicing from Contractor under this Contract must be submitted to WSU no later than sixty (60) days after the end of the Period of Performance (“Final Invoice Date”). Invoices submitted after the Final Invoice Date may not be eligible for payment.

7. CONTRACT MANAGEMENT

7.1 The “Contract Manager” for each party is named below and shall be the contact person for all communications regarding the performance of this Contract and billing.

CONTRACT MANAGER FOR CONTRACTOR CONTRACT MANAGER FOR WSU

NAME

TELEPHONE

EMAIL

7.2 The “Project Manager” for each party is named below and will be the contact person for all communications regarding the Scope of Work. WSU’s Project Manager will receive and accept deliverables and determine if Contractor has satisfactorily completed the Scope of Work.

PROJECT MANAGER FOR CONTRACTOR PROJECT MANAGER FOR WSU

NAME

TELEPHONE

EMAIL

8. ASSURANCES

WSU and Contractor agree that all activity pursuant to this Contract will be in accordance with all applicable Federal, state, and local laws, rules, and regulations.

9. ADDITIONAL TERMS INCORPORATED BY REFERENCE

9.1 The WSU “General Terms and Conditions” (dated January 8, 2024) (“General Terms and Conditions”) are incorporated into this Contract by reference. The General Terms and Conditions are available at the following link: https://s3.wp.wsu.edu/uploads/sites/1305/2024/01/General-Terms-and-Conditions- 1.8.2024.pdf.

9.2 Modifications to the General Terms and Conditions, if any, are included below in Exhibit B. Exhibit B is attached hereto and incorporated into this Contract by reference.

9.3 This Contract is funded in whole or in part by (check one only):

A. ☒ A Federal Financial Assistance Award governed by 2 CFR Part 200.

i. The WSU “Additional Terms and Conditions for Federal Grant Funded Purchases” (dated December 16, 2022) (“Grant Terms”) are incorporated into this Contract by reference.

https://s3.wp.wsu.edu/uploads/sites/1305/2024/01/General-Terms-and-Conditions-1.8.2024.pdf https://s3.wp.wsu.edu/uploads/sites/1305/2024/01/General-Terms-and-Conditions-1.8.2024.pdf

ii. The Grant Terms are available at the following link:

https://purchasing.wsu.edu/documents/2022/12/additional-terms-and-conditions-for-federal-grant-funded-purchases.pdf/.

B. ☐ A Federal Contract governed by the Federal Acquisition Regulations.

i. The WSU “Additional Terms and Conditions for Federal Contract Funded Purchases” (dated

December 16, 2022) (“FAR Terms”) are incorporated into this Contract by reference.

ii. The FAR Terms are available at the following link:

https://purchasing.wsu.edu/documents/2022/12/additional-terms-and-conditions-for-federal-contract-purchases.pdf/.

C. ☐ No Federal funding is involved. Neither the Grant Terms nor the FAR Terms are incorporated into this Contract.

9.4 Contractor represents and warrants that it has reviewed and understands the General Terms and Conditions. Additionally, Contractor represents and warrants that it has reviewed and understands the Grant Terms or FAR Terms, as applicable.

10. ORDER OF PRECEDENCE

In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order:

1. This Contract;

2. The Grant Terms or FAR Terms, as applicable;

3. The General Terms and Conditions (as modified by Exhibit B);

4. Exhibit A;

5. Any other provision, term or material otherwise referenced or incorporated.

11. CONFORMANCE AND SEVERABILITY

If any provision of this Contract violates any statute or rule of law, it is considered modified to conform to that statute or rule of law. If any court finds any part of this Contract to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the other provisions of this Contract which can be given effect without the invalid provision, provided that such remainder conforms to the requirements of applicable law and fundamental purpose of this Contract.

12. APPROVAL

This Contract is subject to the approval of both parties and will not be binding until signed by both parties’ authorized representatives. This Contract may only be altered, amended, or any provision waived by a written amendment executed by both parties.

13. ENTIRE AGREEMENT

This Contract contains all the terms and conditions agreed upon by WSU and Contractor. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind either of the parties hereto.

https://purchasing.wsu.edu/documents/2022/12/additional-terms-and-conditions-for-federal-grant-funded-purchases.pdf/ https://purchasing.wsu.edu/documents/2022/12/additional-terms-and-conditions-for-federal-grant-funded-purchases.pdf/…