City of Bellevue Request for Qualifications

Request for Qualification Information: Submit Qualifications to:

RFQ Number: 26112 Online Submittal: Responses can be submitted online through the City's eProcurement system

Public Purchase. To register, go to www.publicpurchase.com.

RFQ Title: 173rd Avenue NE Sidewalk between Northup Way and NE

1900 Block Date Issued: November 6, 2026

Contact Person: Paul Krawczyk

Email Address: pkrawczyk@bellevuewa.gov

Backup Contact Person: Marina Arakelyan

Backup Email: marakelyan@bellevuewa.gov

Submittals Due: December 3, 2026 @ 2:00 pm

Section 1 - General Information

NOTICE: Notice is hereby given that Statements of Qualifications (SOQ) will be received by the City of

Bellevue, WA, for RFQ # 26112 - 173rd Avenue NE Sidewalk between Northup Way and NE

1900 Block by filing with the City at the above location.

PURPOSE:

The City of Bellevue Transportation Department (City) solicits interest from engineering consulting firms with expertise in civil, structural, and environmental engineering design. This Request for Qualifications (RFQ) seeks to identify an engineering consulting firm capable of providing required engineering services for the construction of roadway and sidewalk improvements on 173rd Avenue NE project from Northup Way to the 1900 Block NE.

DURATION OF SERVICES:

The Contract resulting from this RFP shall remain in effect until completion of the services described in the Contract and final payment thereof, unless terminated earlier in accordance with the City's contractual policies.

PRE-SUBMITTAL MEETING:

N/A

RFQ SCHEDULE:

(These dates are estimates and subject to change by the City)

Event Date

RFQ Release:

Consultant Questions Due:

Responses to Consultant Questions:

Submittals Due:

Consultant Evaluation Complete:

Announce Short-Listed Firms:

Formal Presentation/Interviews:

Announce Apparently Successful Firm:

New Contract in Place:

• November 6, 2026

• By November 16, 2026 @ 5:00 pm

• November 19, 2026

• December 3, 2026 @ 2:00 pm

• December 8, 2026

• December 8, 2026

• December 11-18, 2026

• December 21, 2026

• February - 2027 http://www.publicpurchase.com/ mailto:pkrawczyk@bellevuewa.gov mailto:marakelyan@bellevuewa.gov

BACKGROUND INFORMATION:

The City of Bellevue Transportation Department (City) solicits interest from consulting firms with expertise in civil, structural, and environmental engineering design for the proposed improvements on 173rd Avenue NE Sidewalk Project - Northup Way to North City Limits (1900 Block).

The project proposes realigning and widening an existing two-lane arterial roadway to accommodate new sidewalk primarily on one side of the street with limited sidewalk improvements on the adjacent side of the street depending on available budget.

Other improvements and work associated with the roadway widening include, but are not limited to, site preparation, erosion and sediment control, storm drainage system, flow control and water quality facilities, environmentally sensitive area impact mitigation, franchise utilities relocation, irrigation, landscaping, channelization, retaining walls, illumination, traffic signal systems, intelligent transportation systems, signing, traffic control, and other mitigation as needed.

BRIEF SCOPE OF SERVICES (Additional Detail listed in Attachment "A"):

The work to be performed by the Consultant consists of preparing alternative analysis, preliminary engineering design, environmental study, permitting and developing of 30%, 60%, 90%, and final design plans, specifications, and estimates (PS&E) and for engineering and other services during construction for improvements for the 173rd Avenue NE Sidewalk project between Northup Way and the North city limits (1900 block NE).

QUALIFICATIONS:

This project will require the firm to have the following qualifications:

• Project teams past verifiable experience managing and designing projects similar to the 173rd Avenue project located in a residential area.

• Consultant Project Manager must possess a Professional Engineer license in the State of Washington, and verifiable experience successfully delivering projects similar in magnitude and complexity.

• Ability to analyze design alternatives to develop roadway cross sections options.

• High level of skills and experience in developing civil and structural designs for vehicular and pedestrian users, including traditional and natural drainage practices, retaining wall design, stormwater design and urban design elements.

• Solid knowledge and expertise in project controls including, earned value, budget tracking, schedule creation/monitoring, scope creep, staff time management, project deliverables and quality control assurance.

• Expertise and experience in the requested specialty services for these projects, as listed in Attachment “A” – Scope of Work of the full RFQ document.

• Expertise and experience in federal, state, and local environmental documentation and permitting processes including ESA and NEPA/SEPA.

• Solid knowledge of City of Bellevue, WSDOT, FHWA, and other applicable design standards.

• Solid knowledge and expertise in Geotechnical and environmental engineering, and permitting.

SUBMITTAL REQUIREMENTS:

Responses to this RFQ must include the following:

• Statement of Intent: A statement of intent explaining why the firm is interested in this project, highlighting the firm’s qualifications to do the work, and provide two examples of completed projects in the last five years that are similar in complexity and magnitude to the 173rd NE Sidewalk Project - Northup Way to North City Limits project. Briefly describe each project and include the names, titles and phone numbers of project owner representative for references.

• Project Approach: An outline of the firm’s strategy and approach for developing and delivering the ESA and NEPA/SEPA documentations and project designs in collaboration with different stakeholders. Indicate what your team sees as the potential critical issues and challenges for this project and your approach and ideas to solving them.

• Project Manager: Identify the person who will act as the firm’s Project Manager to be the City’s primary contact. Include two examples of completion of similar projects in complexity and magnitude to the 173rd

NE Sidewalk Project - Northup Way to North City Limits project in the last five to seven years. Briefly describe each project and the role this person played in the delivery of each project. Include the names, titles and phone numbers of references.

• Project Team: Include an organization chart that identifies key prime Consultant and sub-consultant team members (if any), their roles on the team, and their qualifications to do the work. It is the City’s expectations that key personnel, including the project manager, will be committed for the duration of the project. Should turnover on the Consultant team necessitate a change in the project team leads, the prime Consultant will develop and present to the City options and recommendations for replacements. All project team-lead replacements shall be approved by the City prior to implementation.

• Project Controls: Outline the firm’s practices in managing the project scope, schedule and budget, and how these practices will be applied on this project, including Earned Value reporting.

• Quality Deliverables: Outline the firm’s processes and procedures to ensure deliverables are of the highest quality, and how these processes and procedures will be applied to this project. Indicate if the firm had previous design quality audits performed by third parties, and if audit finding summaries can be made available to the City. If no previous third-part design audits exist, indicate so. Absence of previous design audits doesn’t disqualify a firm.

• A completed, signed and notarized Attachment C Non-Collusion Certificate.

• A completed and signed Attachment D Equal Opportunity Requirements & Affidavit of Title VI Compliance

SUBMITTAL FORMAT: One completed electronical proposal in text & searchable .pdf format. Submittal size shall not be more than ten single-sided 8 ½ x 11 pages using a single-spaced 12-point font. The additional forms and certificates that are required for the firms’ RFQ submittal will not be counted against the ten-page limit. The submittal may include one page cover. The cover page or letter will not count towards the ten-page limit, and it will not be evaluated.

EVALUATION PROCEDURES: Submittals will be evaluated by the Selection Committee. The Selection Committee will consider the completeness of a consultant’s submittal and how well the qualifications meet the needs of the City. In evaluating the submittals, the City will be using a criteria evaluation process.

All submittals will be evaluated using the same criteria and possible points.

EVALUATION CRITERIA: Submittals will be evaluated by City staff based upon the responsiveness of the submittal to this RFQ. Evaluations will be based on criteria outlined herein, which may be weighted by the City in any manner it deems appropriate. Interviews, if considered necessary, will be held with selected Consultants based on an evaluation of the Qualifications. All submittals will be evaluated using the same criteria and weighting.

Evaluations of submittal packet will be based on the criteria listed below:

• Qualification of proposed project manager and key personnel (20 points)

• Qualifications/expertise of firm (firm experience including in-house expertise) (20 points)

• Ability to meet schedule (10 points)

• Approach to project (20 points)

• Familiarity with WSDOT/FHWA standards (15 points)

• Past performance/up to 2 references other than City of Bellevue, please provide contact information (15 points)

Interviews (100 points) Consultants will be shortlisted (minimum of top three) for interviews based on the scores received from the Written Submittal criteria outlined above. The interview questions will be provided to the consulting firms in advance of the interview for the firms to prepare.

1 Clarity and depth of answers (20 points) 2 Demonstrated technical knowledge (20 points) 3 Ability to communicate effectively (20 points) 4 Understanding of project challenges (20 points)

5 Demonstrated Project Management skills and ability to deliver project within the scope, schedule and budget. (20 points)

The combined score from these two components determines which consultant is selected.

The contract will be submitted to Council for award following successful negotiations.

QUESTIONS: Questions regarding this project may be submitted electronically through Public Purchase.

Unauthorized contact regarding this RFQ with other City employees may result in disqualification. Any oral communications will be considered unofficial and non-binding on the City.

Any questions will be answered in writing and posted on the City’s website at www.bellevuewa.gov under Menu, Doing Business, Doing Business with Bellevue, Vendor Services/Purchasing and Procurement, Solicitation for Bids RFPs and RFQs, Open Bids and RFPs. It is the responsibility of individual firms to check the website for any amendments or Q & A’s to this RFQ.

CODE OF CONDUCT POLICY - COMPETITIVE SOLICITATIONS:

Definitions:

• Solicitations: method of acquiring goods, services, and construction for public use in which offers are made to the City between two or more sources. Typical documents used by the City are titled: Invitation to Bid, Invitation to Quote, Request for Proposals, Request for Qualifications Request for Information, or any other method of obtaining competitive offers.

• Blackout Period: The period between the time a solicitation is issued by the City and the time the City awards the contract.

• Lobbying: The attempt to persuade or influence any City employees, officials, or representatives responsible for reviewing, evaluating, ranking or awarding the work or contract for goods or services for or against any solicitation; provided, however, that lobbying shall not include the submission of required materials in direct response to the solicitation according to the instructions to respondents in such solicitation.

Conduct of Participants: After the issuance of any solicitation, all bidders, proposers, contractors, consultants or individuals acting on their behalf are hereby prohibited from lobbying any City employee, official or representative at any time during the blackout period.

Sanctions: The City may reject the submittal of any bidder, proposer, contractor and/or consultant who violates the policy set forth herein.

REJECTION OF SUBMITTALS: The City reserves the right to reject any and all submittals and to waive irregularities and informalities in the submittal and evaluation process. This RFQ does not obligate the City to pay any costs incurred by Consultants in the preparation and submission of their Statement of Qualifications. Furthermore, the RFQ does not obligate the City to accept or contract for any expressed or implied services.

RFQ ADDENDUMS: The City reserves the right to change the RFQ schedule or issue addendums to the RFQ at any time. The City also reserves the right to cancel or reissue the RFQ. All such addenda will become part of the RFQ.

In the event that it becomes necessary to revise any part of this RFQ, the City will issue the addenda on the City’s website (www.bellevuewa.gov) under Menu, Doing Business, Doing Business with Bellevue, Vendor Services/Purchasing and Procurement, Solicitation for Bids RFPs and RFQs, Open Bids and RFPs.

It is the Consultant’s responsibility to confirm as to whether any addenda have been issued.

QUALIFICATION MODIFICATION & CLARIFICATIONS: The City reserves the right to request that any Consultant clarify its submittal or to supply any additional material deemed necessary to assist in the evaluation of the submittal.

Modification of an submittal already received will be considered only if the request is received prior to the submittal deadline. All modifications must be made in writing, executed and submitted in the same form and manner as the original submittal.

EXCEPTIONS: If Consultant(s) takes exception to any term or condition set forth in this RFQ and/or any of its Exhibits and Attachments (including Insurance Requirements), said exceptions must be clearly identified in the response to this RFQ. Exceptions or deviations to any of the terms and conditions must not be added to the SOQ pages but must be submitted in a separate document accompanying Consultant’s SOQ identified as “Exceptions.” Such exceptions shall be considered in the evaluation and the http://www.bellevuewa.gov/ award processes. The City shall be the sole determiner of the acceptability of any exception.

QUALIFICATION SIGNATURES: An authorized representative must sign submittals, with the Consultant's address, telephone and email information provided. Unsigned submittals will not be considered.

CONTRACT AWARD: The City reserves the right to make an award without further discussion of the submittals. The Consultant selected as the apparently successful Consultant will be expected to enter into a contract with the City. A sample City contract is provided on the City’s website at www.bellevuewa.gov. To view a PDF version of the sample contract document click on Menu, Doing

Business, Doing Business with Bellevue, Vendor Services/Purchasing and Procurement, Contract Templates, Professional Services Contract. It is expected that the Consultant will review this contract prior to submittal. The City typically does not accept changes to the Professional Services Contract terms and conditions. Should the Consultant wish to propose changes to the Professional Services Contract terms and conditions, the desired changes must be identified in the Consultant’s submittal. The City is under no obligation to accept such proposed changes, and may reject a Consultant's submittal based on proposed changes unacceptable to the City. Following Consultant selection, the successful Consultant shall prepare a proposal and scope of work for review by the City. Once the City and Consultant have reached an agreement on the scope of services, a final contract will be prepared by the City. If the selected

Consultant fails to sign the contract within ten (10) business days of delivery of the final contract, the City may elect to negotiate a contract with the next-highest ranked Consultant. The City shall not be bound, or in any way obligated, until both parties have executed a contract. No party may incur any chargeable costs prior to the execution of the final contract.

The City reserves the right to award multiple contracts to multiple Consultants for this scope of service if it is in the best interest of the City, or use a contract different from the sample City contract.

PAYMENT OPTIONS: The City encourages our vendors and suppliers to enroll in one of two automated payment options to optimize payment efficiency and reduce fraud. Go to www.bellevuewa.gov Menu, Doing

Business, Doing Business with Bellevue, Vendor Services/Purchasing and Procurement, Vendor Payment Information.

INVASIVE SPECIES MANAGEMENT: This project includes work done around lakes, streams, streambanks, or wetlands. The following protocols will apply:

New Zealand mudsnails (Potamoprygus antipodarum) have been detected in streams within the City of Bellevue. To prevent the spread of this invasive species in accordance with RCW 77.15.253, 77.15.290, and 77.15.250, all stream projects shall meet the following requirements:

• Contractors shall ensure that all equipment is clean and decontaminated of any potential invasive species prior and after working in Bellevue streams. Equipment with mud or debris shall not be allowed to be deployed.

• Workers shall follow the procedures in the Washington Department of Fisheries DRAFT

‘Agency Field Gear Decontamination Protocol’, dated June 24, 2011 (or the latest version of this document) located at the following pathway: http://www.bellevuewa.gov then go to "Find", "Bids, RFP''s and RFQ''s". The procedures are listed in "Invasive Species Management Protocols" under "Procurement Documents".

• All equipment shall be quarantined in an area where mud, debris, or water cannot be tracked into other streams or storm drainage catch basins.

http://www.bellevuewa.gov/

• All equipment shall be brushed or sprayed on-site so no invasive species can be dislodged during transport prior to full decontamination. The on-site cleaning shall occur in a way that mud, debris, or water cannot be tracked into other streams or storm drainage catch basins.

All equipment shall be decontaminated at a site that drains to wastewater (such as a commercial car wash) prior to use in other stream projects.

Additional information regarding New Zealand mudsnails can be found at the Washington Department of Fish and Wildlife website at http://wdfw.wa.gov/ais/ .

http://wdfw.wa.gov/ais/

Section 2

TERMS & CONDITIONS

EQUAL OPPORTUNITY EMPLOYMENT: The successful bidder must comply with the City of Bellevue equal opportunity requirements. The City of Bellevue is committed to a program of equal employment opportunity regardless of race, color, creed, religion, gender, age, national origin, pregnancy, genetic information, marital status, sexual orientation (including gender identity), or the presence of any sensory, physical, or mental disability.

TITLE VI: The City of Bellevue in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42

U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all proposers that it will affirmatively insure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit proposals in response to this request and will not be discriminated against on the grounds of race, color, national origin or sex in consideration for an award.

INSURANCE REQUIREMENTS: The selected Consultant(s) shall maintain insurance that is sufficient to protect the Consultant’s business against all applicable risks, as set forth in the City’s Standard Insurance Requirements Attachment “B.” Please review insurance requirements prior to submitting an SOQ. If selected Consultant is unable to meet these standard requirements, please note current or proposed insurance coverage in submittal. Standard requirements may be negotiated if it is in the best interest of the City.

INDEMNIFICATION: The Consultant shall hold harmless, defend, and indemnify the City and the City’s officers, agents, and employees against any liability that may be imposed upon them because of the Consultant’s failure to provide compensation coverage or liability coverage.

BUSINESS REGISTRATION AND TAXATION: The Consultant(s) awarded the contract will be subject to

City of Bellevue Business Registration and Business Taxation as presented in the Bellevue City Code.

Questions about the city’s Business and Occupation (B&O) tax should be directed to the City’s Tax office at

425-452-6851.

NON-ENDORSEMENT: As a result of the selection of a Consultant to supply products and/or services to the City, Consultant agrees to make no reference to the City in any literature, promotional material, brochures, sales presentation or the like without the express written consent of the City.

NON-COLLUSION: Submittal and signature of an SOQ swears that the document is genuine and not a sham or collusive, and not made in the interest of any person not named, and that the Consultant has not induced or solicited others to submit a sham offer, or to refrain from proposing.

COMPLIANCE WITH LAWS AND REGULATIONS: In addition to nondiscrimination and affirmative action compliance requirements previously listed, the Consultant(s) ultimately awarded a contract shall comply with federal, state and local laws, statutes and ordinances relative to the execution of the work.

This requirement includes, but is not limited to, protection of public and employee safety and health;

environmental protection; waste reduction and recycling; the protection of natural resources; permits;

fees; taxes; and similar subjects.

OWNERSHIP OF DOCUMENTS: Any reports, studies, conclusions and summaries prepared by the Consultant shall become the property of the City.

CONFIDENTIALITY OF INFORMATION: All information and data furnished to the Consultant by the City, and all other documents to which the Consultant’s employees have access during the term of the

Contract, shall be treated as confidential to the City. Any oral or written disclosure to unauthorized individuals is prohibited.

PUBLIC RECORDS: Under Washington state law, the documents (including but not limited to written, printed, graphic, electronic, photographic or voice mail materials and/or transcriptions, recordings or reproductions thereof) submitted in response to this RFQ (the “documents”) become a public record upon submission to the City, subject to mandatory disclosure upon request by any person, unless the documents are exempted from public disclosure by a specific provision of law. The City assumes no contractual obligation to enforce any exemption.

COOPERATIVE PURCHASING: RCW 39.34 allows cooperative purchasing between public agencies

(political subdivisions) in the State of Washington. Public agencies that file an Interlocal Joint Purchasing

Agreement with the City of Bellevue may also wish to procure the goods and/or services herein offered by the selected Consultant. The selected Consultant shall have the option of extending its offer to the City of

Bellevue to other agencies for the same cost, terms and conditions.

The City of Bellevue accepts no responsibility for agreements, contracts or purchase orders issued by other public agencies to the Consultant. Each public agency accepts responsibility for compliance with any additional or varying laws and regulations governing purchase by or on behalf of the public agency. The

City of Bellevue accepts no responsibility for the performance of the Consultant in providing goods and/or services to other public agencies, nor any responsibility for the payment price to the Consultant for other public agency purchases.

Attachment "A" Scope of Work

RFQ #26112

173rd NE Sidewalk Project - Northup Way to North City Limits

Major elements of work contemplated to be performed under the Professional Services Agreement contract consist of, but not limited to, the following:

• Complete topographic survey within the project limits.

• Develop project alternative analysis.

• Develop preliminary design, 30%, 60%, 90%, and Final plans, specifications, and estimates (PS&E) for all design elements associated with proposed improvements.

• Complete the Design Standards Documentation Form, and prepare any Design Deviations, Exceptions, or Maximum Extent Feasible (MEF) that may be required for the design.

• Prepare the environmental documentation for completing ESA and NEPA/SEPA, including preparing or updating all required discipline reports, investigations, and consultations.

• Prepare Project Permit Matrix for all permits required for this project.

• Support the City in obtaining all permits required for the project.

• Assist the City in developing and implementing a public outreach plan. Prepare exhibits for public involvement events and information dissemination efforts. Support the City in public involvement activities such as open house meetings, project website content, and other public communications.

• Prepare draft and final reports of all required project reports, such as geotechnical, drainage, and wall reports, etc.

• Analyze traffic operations and prepare Transportation Analysis Report.

• Develop and maintain a project risk assessment log.

• Gather all public and private as-built and record drawings, development plans, environment reports, and other previous reports relevant to the project.

• Investigate and coordinate with Franchise and City owned facilities to be relocated including field walk-through with all existing utility owners to confirm locations and conditions of all existing utilities. Assist with Franchise utility coordination and relocation as needed.

• Prepare Redline Plans for the right-of-way acquisition process and assist the City during the right-of-way acquisition process.

• Support during the project bid and award period.

• Providing engineering support during construction, including but not limited to the preparation of as-built drawings and other construction-related services as needed.

The Contractor shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be paid by the Contractor. Insurance shall meet or exceed the following unless otherwise approved by the City.

A. Minimum Insurance:

B. Additional Insurance:

C. Self-Insured Retentions:

Self-insured retentions must be declared.

D. Other Provisions:

1. Commercial General Liability policies must be endorsed to:

a. Include the City, its officials, employees and volunteers as additional insureds,

b. Provide that such insurance shall be primary as respects any insurance or self-insurance maintained by the City,

2. Contractor or its Insurance Agent/Broker shall notify the City of any cancellation, or reduction in coverage or limits, of any insurance within seven (7) days of receipt of insurers' notification to that effect.

E. Acceptability of Insurers:

Shall be placed with insurers with an AM Best rating of A:VII or better.

F. Verification of Coverage:

Contractor shall furnish the City with certificates of insurance required by this clause. The certificates are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies at any time.

G. Subcontractors:

Contractor shall require subcontractors to provide coverage which complies with the requirements stated herein.

City of Bellevue 450 110th Ave. NE Bellevue, WA 98004

Attachment "B" - Insurance Requirements

- Commercial General Liability coverage with limits not less than $1,000,000 per occurrence/ $2,000,000 annual aggregate.

- Business Automobile Liability Coverage with limits not less than per accident for any auto.$1,000,000

- Stop Gap/Employer's Liability coverage with limits not less than $1,000,000 per accident/disease.

- Workers' Compensation coverage as required by the Industrial Insurance Laws of the State of Washington.

- Consultant’s Errors & Omissions or Professional Liability with limits not less than $1,000,000 per claim and as an annual aggregate.

ATTACHMENT “C” Non-Collusion Certificate

STATE OF )

ss.

COUNTY OF )

The undersigned, being duly sworn, deposes and says that the person, firm, association, co-partnership or corporation herein named, has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competition in the preparation and submission of a proposal to the City of Bellevue for consideration in the award of a contract on the improvement described as follows:

RFQ # 26112 – 173rd Ave NE Sidewalk

(Name of Firm)

By:

(Authorized Signature)

Title:

Sworn to before me this day of 20 .

Notary Public

CORPORATE SEAL:

Revised 10/2025

ATTACHMENT "D"

Equal Opportunity Requirements & Affidavit of Title VI Compliance

Equal Opportunity Requirements Section - General Instructions:

Applications: The following materials pertain to the Equal Opportunity Requirements of the City of Bellevue as set forth in Section 4.28.170 of the Bellevue City Code (BCC). All contractors, subcontractors, consultants, vendors, and suppliers who contract with the City in a total amount of thirty-five thousand dollars or more within any given year, or as requested by the City, must comply with these requirements.

Affidavit: Before being considered for a contract of the magnitude listed above, all contractors will be required to submit the “Affidavit of Equal Opportunity Compliance” as part of their proposal/qualifications or upon the request of the Procurement Services Division.

Compliance: The City of Bellevue reserves the right to randomly select contractors, subcontractors, consultants, vendors, or suppliers to be audited for compliance of the requirements listed. During this audit, the contractors, etc. will be asked for a specific demonstration of compliance with the requirements.

Noncompliance: A finding of a noncompliance may be considered a breach of contract and suspension or termination of the contract may follow.

City contact: The City’s Compliance Office is the Procurement Services Manager, and specific questions pertaining to this section may be directed to the Procurement Services Manager at (425) 452-7876.

Bellevue City Code Excerpt:

Section 4.28.170 of the Bellevue City Code establishes the requirements for all contractual service providers:

“All contractors, subcontractors, consultants, vendors, and suppliers who contract with the City of Bellevue in a total amount of thirty-five thousand dollars or more within any given year, or as requested by the City, are required to take affirmative action and comply with the following requirements of this section.

There shall be included in any contract between such contractual services providers and the City of Bellevue the following provisions:

1. Contractor shall make specific and constant recruitment efforts with minority and women’s organizations, schools, and training institutions. This shall be done by notifying relevant minority and women’s organizations.

2. Contractor shall seek out eligible minority and women contractors to receive subcontract awards.

Appropriate minority and women contractors shall be notified in writing of any bids advertised for subcontract work.

3. Contractor shall provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer and the steps taken to equal treatment of all persons.

4. Contractor shall actively consider for promotion and advancement available minorities and women.

5. Contractor is encouraged to make specific efforts to encourage present minority and women employees to help recruit qualified members of protected groups.

6. Contractor is encouraged to provide traditional and nontraditional employment opportunities to female and minority youth through after school and summer employment.

7. Contractor is encouraged to assist in developing the skills of minorities and women by providing or sponsoring training programs.

Willful disregard of the City’s nondiscrimination and affirmative action requirements shall be considered breach of contract and suspension or termination of all or part of the contract may follow.

All contractors, subcontractors, vendors, consultants, or suppliers of the City required to take affirmative action must sign the affidavit of compliance and submit with the bid proposal or upon the request of the Procurement Services Division. All documents related to compliance steps listed above shall be presented upon the request of the Procurement Services Division. The Procurement Services Manager shall serve as the compliance officer for the City and is authorized to develop and issue procedures for the administration of this section.”

Interpretations:

In order to more readily determine compliance with BCC 4.28.170, the following interpretations are provided:

Requirement 1. When a contractor needs to recruit, they must notify minority and women’s organizations, schools, and training institutions of the job opportunity and qualifications. Such “notification” can be in the form of an advertisement in newspapers or trade journals of general circulation in the metropolitan Seattle area.

When the contractor hires through a union hiring hall, the contractor must be able to provide confirmation, upon request by the City, that the hiring hall has an equal opportunity policy.

Requirement 2. When a contractor intends to subcontract out any work they shall notify minority and women contractors of the subcontract work and qualifications. The requirements to notify minority and women contractors of any bids can be satisfied by advertising in newspapers or trade journals that are of general circulation in the metropolitan Seattle area.

Requirement 3. If and when a contractor hires new employees or contracts with subcontractors, the contractor must alert such employees and subcontractors to the contractor’s commitment as an equal opportunity employer, etc. This requirement may be complied with by posting a notice of equal opportunity commitment at the job shack, or by the time clock.

Requirement 4. If and when a contractor promotes or advances employees, the contractor must consider all eligible and qualified employees.

The City of Bellevue reserves the right to audit all contractors for compliance with the requirements set forth in BCC 4.28.170.

Requirement 5. A contractor can make efforts to encourage present minority and women employees to help recruit by encouraging all employees to help recruit qualified employees.

Affidavit of Title VI Compliance Section -

Assurances for Consultants, Contractors, Subcontractors, Suppliers, and Manufacturers (collectively referred to herein as Contractor)

Compliance with Regulations: The Contractor shall comply with the Regulations relative to nondiscrimination in Federally assisted programs of the Department of Transportation (hereinafter DOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract.

Nondiscrimination: The Contractor, with regard to the work performed during the contract, shall not discriminate on the grounds of race, color, sex, sexual orientation, gender identification, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations.

Solicitations for Subcontracts, including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the Contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, sex, sexual orientation, gender identification, or national origin.

Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City of Bellevue or the Washington State Department of Transportation to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Contractor is in the exclusive possession of another who fails or refuses to furnish this information, the Contractor shall so certify to the City of Bellevue or the Washington State Department of Transportation as appropriate and shall set forth what efforts it has made to obtain the information.

Sanctions for Noncompliance. In the event of the Contractor’s noncompliance with the nondiscrimination provisions of this contract, the City of Bellevue and the Washington State Department of Transportation shall impose such contract sanctions as it, or the Federal Highway Administration may determine to be appropriate, including, but not limited to:

a. Withholding of payments to the Contractor under the contract until the contractor complies, and/or;

b. Cancellation, termination, or suspension of the contract, in whole or in part.

Incorporation of Provisions. The Contractor shall include the provisions of BCC 4.28.170(A)(1) –

(7) outlined above in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontractor or procurement as the City of Bellevue or the US Department of Transportation, Federal Highway Administration, may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Contractor may request the City of Bellevue enter into such litigation to protect the interests of the City and, in addition, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

AFFIDAVIT OF EQUAL OPPORTUNITY & TITLE VI COMPLIANCE

certifies that:

Consultant/Contractor

1. If necessary to recruit additional qualified employees, it has placed an advertisement in newspapers or trade journals of general circulation in the metropolitan Seattle area or taken similar action to provide notice to minority and women’s organizations, schools, and training institutions.

2. In sourcing subcontract work for trades listed above, it will place an advertisement in newspapers or trade journals of general circulation in the metropolitan Seattle area or take similar action to provide written notice to qualified minority and women contractors of bids for subcontract work.

3. It will obtain from its subcontractors and submit upon request an Affidavit of Equal Opportunity Compliance as required by these bid documents.

4. It has provided a written statement to all new employees or subcontractors indicating their commitment as an equal opportunity employer.

5. It has considered all eligible employees for promotion or advancement when promotion or advancement opportunities have existed.

By:

(authorized signature)

Title:

Date:

AFFIDAVIT OF EQUAL OPPORTUNITY & TITLE VI COMPLIANCE

AFFIDAVIT OF EQUAL OPPORTUNITY & TITLE VI COMPLIANCE