Table 1: Solicitation Schedule

ITB Issued September 30, 2026

Pre-Bid Conference (Non-Mandatory) October 20, 2026, 1:00pm https://teams.microsoft.com/meet/258640184858

612?p=ru3zcMzVTWDo9Zean3

Deadline For Questions November 10, 2026, 5:00pm

Sealed Bids Due to the City / Bid Opening November 18, 2026, 3:00pm https://teams.microsoft.com/meet/282531126993

529?p=Z0fbCtfP4URSOKUw40

The City may modify this schedule. Changes to the due date are posted on the City website and by addendum.

Bids must be received by the due date and at the time specified.

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/seattle/projects/241608

Invitation To Bid # ITB SU0-6734

Title: Small Single & Multi-Jet Cold Water Meters https://teams.microsoft.com/meet/258640184858612?p=ru3zcMzVTWDo9Zean3 https://teams.microsoft.com/meet/258640184858612?p=ru3zcMzVTWDo9Zean3 https://teams.microsoft.com/meet/282531126993529?p=Z0fbCtfP4URSOKUw40

TABLE OF CONTENTS

1. BACKGROUND AND PURPOSE

2. SOLICITATION OBJECTIVES

3. MINIMUM QUALIFICATIONS

4. SPECIFICATIONS AND SCOPE OF WORK

5. SCHEDULE, ORDERS, DELIVERY

6. ADDITIONAL CONTRACT REQUIREMENTS

7. ENVIRONMENTAL SPECIFICATIONS

8. LICENSING AND BUSINESS TAX REQUIREMENTS

9. BID INSTRUCTIONS AND INFORMATION

10. ETHICS CODE

11. EVALUATION

12. AWARD AND CONTRACT EXECUTION

13. BID FORM

14. BID SUBMITTAL

Attachments:

A - fas-cpcs-purchasing-terms-and-conditions

B - Insurance Requirements and Transmittal

1. BACKGROUND AND PURPOSE

1.1. Purpose and Background

GENERAL

The City of Seattle is seeking a reliable source of supply for small single and multi-jet cold water meters that will deliver metering services to Seattle retail ratepayers at the lowest life-cycle cost. Manufacturers sought include Zenner-PMN and Master Meter-BLMJ or their "Approved Equals". Meters furnished shall be new and complete, frost-proof units conforming in all details to AWWA Standards C708 for multi-jet types and C712 for single jet types and current amendments thereto.

The City has held a successful contract for these goods since 2018. However, the current contract has reached the end of its usable life and all extensions have been exhausted. Therefore, the City is returning to the marketplace to solicit bids for these goods.

In 2025, the City collectively spent approximately $345,000 on these goods. The table below shows Seattle

Public Utilities' usage from 2021 - 2025. Spend and usage are provided for informational purposes only and do not guarantee use.

Meter Size 2025 2024 2023 2022 2021

5/8" x 3/4" 20 1,170 2,360 2,038 2,323

1” 20 700 955 550 368

1 ½” 20 188 301 228 184

2” 20 184 255 284 184

1.2. Multiple Awards

The City expects to award contracts to more than one successful bidder.

1.3. Bid Timeline

ITB Issued: September 30, 2026

Pre-Bid Conference (Non-Mandatory): October 20, 2026, 1:00pm https://teams.microsoft.com/meet/258640 184858612?p=ru3zcMzVTWDo9Zean3

Deadline For Questions: November 10, 2026, 5:00pm https://teams.microsoft.com/meet/258640184858612?p=ru3zcMzVTWDo9Zean3 https://teams.microsoft.com/meet/258640184858612?p=ru3zcMzVTWDo9Zean3

Sealed Bids Due to the City / Bid Opening: November 18, 2026, 3:00pm https://teams.microsoft.com/meet/282531 126993529?p=Z0fbCtfP4URSOKUw40

2. SOLICITATION OBJECTIVES

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

• Contract with a Vendor with adequate inventory to stock all items sought in the Bid Form at all times.

3. MINIMUM QUALIFICATIONS

The following are minimum qualifications the Vendor must meet to submit a bid. Responses must show compliance to these minimum qualifications. The City reserves the right, but is not obligated, to clarify if compliance to the minimum qualifications is not clear in Vendor’s response. Those not responsive shall be rejected by the City without further consideration:

• The Vendor, if other than the manufacturer, must be an authorized distributor, dealer or service representative that may sell the products of the manufacturer(s) or Approved Equal(s) listed in the bid form with certification available upon the City's request.

4. SPECIFICATIONS AND SCOPE OF WORK

4.1. Specifications

Registers

• Meter equipped with a visual read register o Register shall be magnetically driven, permanently rolled, sealed type, and mechanically disconnected from the measuring components. The term “sealed” shall mean moisture and dust-proof. All gearings shall be enclosed in the sealed register unit.

o Register shall be mechanical, with standard straight visual reading (Odometer Type) o All same-size meters furnished under this and future contracts shall have identical change registers.

o All registers of like-size meters shall be interchangeable with each other without loss of accuracy.

o Registers shall be furnished with either internal or external tamper-proof protection locking devices.

o Register lids may be manufactured of brass or high-density plastic.

• Meter equipped with AMR-enabled encoded register.

o Register shall be magnetically driven, permanently rolled, sealed type and mechanically disconnected from the measuring components. The term “sealed” shall mean moisture and dust-proof. All gearing shall be enclosed in the sealed register unit.

o Register shall be mechanical, with standard straight visual reading (Odometer Type).

o Register output shall be “Absolute Encoder” three (3) wire type and read in Cubic Feet. The wire shall be a minimum of 3 feet long and terminated with an Itron quick-connect connector for a direct connection of an Itron radio unit equipped with a mating Itron connector. Registers that require any bare wire splicing shall not be accepted.

o All same-size meters furnished under this and future contracts shall have identical change registers.

o All registers of like-size meters shall be interchangeable with each other without loss of accuracy.

o Registers shall be furnished with either internal or external tamper-proof protection locking devices.

o The register lid may be manufactured from brass or high-density plastic.

Main Cases

• Meter cases, including the register box, shall be made of a high-strength composite or lead-free brass, certified by NSF to NSF/ANSI Standard 61.

• Main case connection for meters 3/4” and 1” sizes shall be spuds having external straight threads conforming to ANSI 82.1. Meters shall be shipped with plastic end caps over meter threads.

• Main case connections for 1-1/2” and 2” meters shall be flanged on both ends. Flanges shall be faced and drilled and shall be of the oval type, and shall be furnished with the necessary bolts, nuts, and gaskets needed for installation. Gasket shall be a full-face, drop-in type. Bolts and nuts shall be made of stainless steel, 2¾ inches long.

• Direction of flow and meter size shall be cast in raised letters on the main case.

• The manufacturer’s meter/serial number shall be stamped on the outer main case. The first two numbers in the serial number shall identify the year the meter was manufactured. The remaining numbers shall specify the unique number for a particular meter. No meter shall have the same number as another meter manufactured by the same manufacturer.

Measuring Chambers

• Measuring chambers shall be separate units of copper alloy, containing no less than 85% copper and containing no lead, or shall be separate units of approved suitable synthetic polymer material, inert in potable water.

• Meters shall have a strainer with an effective straining area of at least double that of the main case inlet.

• Meters shall be manufactured with sufficient quality control to permit successful interchangeability of registers and measuring chambers without loss of accuracy.

• The multi-jet element and measuring chamber shall be of the dry-register type with water flow directed across the vaned rotor proportional to the quantity of water passing through the chamber.

Operating Pressure

• Meters shall be guaranteed to operate normally and accurately, without leakage or damage to any part, at a constant working pressure of 150 PSI.

Certificate of AWWA C708 or C712 Standard Specifications

• The Bidder shall provide a certificate stating that the meters comply with AWWA C708 or C712

Standard Specifications as applicable to meter type.

Maintenance and Repair Parts

• The Apparently Successful Vendor(s) shall submit in writing all spare parts for each meter size and pricing. This pricing will have no bearing upon evaluation or contract award. Any contract(s) issued because of this bid may be expanded to include metal-related materials, provided the supplier uses the same pricing structure as those specifically listed.

• Manufacturers shall furnish all necessary specialty tools needed for the disassembly and repair of the meters.

Meter Tests and Accuracy Verification

• The manufacturer shall provide a copy of the accuracy test of each meter upon shipment to the City.

5. SCHEDULE, ORDERS, DELIVERY

5.1. Order Desk

The successful vendor shall provide a telephone service or “order desk” to receive calls from City departments for advice or assistance, recommendations on products, parts, and repairs, and for receiving and processing of phone orders. The Order Desk shall be available from 7:00 a.m. to 5:00 p.m. all business days except City holidays. If your standard operating hours are otherwise, notify City Purchasing. Depending on the Department needs, hours similar to, but not exactly the same as the 7:00 a.m. to 5:00 p.m. schedule may be accepted by the

City as compliance to this requirement.

5.2. Adequate Inventory and Response Times

The vendor shall provide email or telephone response to City orders and other inquiries within 1 business day.

Vendor will maintain adequate stock of materials listed in the Bid Form on-site at all times to allow for timely delivery.

5.3. Delivery Option

The Vendor shall provide a delivery service for routine orders with delivery provided within 15 calendar days of receipt of order. The Vendor will pick up or deliver products to the City location specified. There will be no charge for delivery, unless specified in the Bid.

5.4. Delivery/Shipping

Materials, supplies and/or equipment must be delivered within 15 calendar days after the City has placed an order.

5.5. No Minimum Order Quantities

There will be no minimum order quantities for any resultant contract.

5.6. Warranty

The Vendor warrants all materials and workmanship delivered under any resulting contract to be free from defects, damage or failure which the City may reasonably determine is the responsibility of the Vendor for the below minimum periods and without cost to the City for labor, materials, parts, installation or any other costs except where longer periods of warranty or guarantees are specified.

• Meters- 2 years from the date of installation by SPU as recorded by SPU’s Maximo work management system. This date is the date of acceptance. The Vendor shall provide warranty certificates specifying the number of years the meter is to be free from defects in material and workmanship after installation, as well as the warranty of accuracy.

• Visual read registers shall be warranted to remain functional and watertight for a minimum period of twenty-five (25) years.

• AMR & AMI-enabled registers shall be warranted to remain functional and watertight, including any internal battery, for a minimum period of ten (10) years.

5.7. Right to Replace Products & Product Discontinuance

If the manufacturer discontinues or replaces a product, Vendor may request the City accept a substitute product for the contract. Pricing for a product replacement or substitute must be the same discount rate as provided to the City on the original product.

5.8. Prohibition on Advance Payments

The City cannot accept requests for up-front payment, down payment or partial payment. Maintenance subscriptions may be paid up to one year in advance provided that the payment is reimbursed to the City on a prorated basis upon termination; all other expenses are payable net 30 days after receipt and acceptance of satisfactory compliance.

5.9. Collective Bargaining

The City has collective bargaining agreements which govern City utilization of Vendors to perform services and require departments to notify the union before contracting for services.

Vendors must respect the right of employees to bargain collectively and commit to remain neutral in organizing campaigns.

6. ADDITIONAL CONTRACT REQUIREMENTS

6.1. Brand Name or Approved Equal

The manufacturer and model listed indicate a standard of performance acceptable to the City. Any alternate items proposed must meet or exceed the specifications of the equipment in both published specifications and actual performance. Alternates will not be considered for those items marked “No Substitutions.” Any alternate item proposed is subject to acceptance at the sole opinion of the City. Such determinations are not subject to protest, and remain the sole discretion of the City. If you intend to submit an “Approved Equal” product, you must present sufficiently clear and detailed materials, product specification sheets, manufacturer materials, or other evidence that the product is an “Approved Equal” to the brand stated. See the Evaluation Section for further detail about “Approved Equal” determinations.

6.2. Contract Term

This contract shall be for five years, with one two-year extension allowed at the option of the City. The Vendor may provide a notice to not extend, but must provide such notice to the City at least 45 days prior to the renewal date.

6.3. No Guaranteed Contract Utilization

The City does not guarantee utilization through any resultant contract. The solicitation may provide estimates of utilization solely to help Vendors prepare their bids and does not serve as a guarantee of usage. The City reserves the right to make multiple or partial awards, and/or to order greater or less quantities based on City needs. The City reserves the right to use other appropriate contract sources to obtain these products or services, such as State of Washington Contracts. The City may also periodically re-solicit for new additions to the Vendor pool, to invite additional Vendors to submit bids for award. Use of such supplemental contracts does not limit the right of the City to terminate existing contracts for convenience or cause.

If the City awards multiple contracts to form a vendor pool, this ITB established competition compliant to City competitive proposal laws; the City Project Manager may place an order with any pool vendor or may solicit multiple quotes to select among the pool vendors. If departments request quotes, the Vendors must use the costs and hourly rates in the contract.

6.4. Contract Expansion

Any resultant contract or Purchase Order may be expanded as allowed below. A modification may be considered per the criteria and procedures below, for any ongoing Contract that has not yet expired. Likewise, a one-time

Purchase Order may be modified if the bid reserved the right for additional orders to be placed within a specified period of time, or if the project or body of work associated with a Purchase Order is still active. Such modifications must be mutually agreed. The only person authorized to make such agreements for the City is the

Buyer from the City Purchasing Division (Department of Finance and Administrative Services). No other City employee is authorized to make such written notices. Expansions must be issued in writing from the City Buyer in a formal notice. The Buyer will ensure the expansion meets the following criteria collectively: (a) it could not be separately bid, (b) the change is for a reasonable purpose, (c) the change was not reasonably known to either the City or Vendor at time of bid or else was mentioned as a possibility in the bid (such as a change in environmental regulation or other law); (d) the change is not significant enough to be reasonably regarded as an independent body of work; (e) the change could not have attracted a different field of competition; and (f) the change does not vary the essential identity or main purpose of the contract. The Buyer shall make this determination, and may make exceptions for immaterial changes, emergency or sole source conditions, or for other situations as required in the opinion of the Buyer.

Some changes are not an expansion of scope, including an increase in quantities, exercising bid options and alternates, or ordering work identified within the solicitation. If such changes are approved, changes are done as a written order issued by City Purchasing to the Vendor.

6.5. Trial Period And Right To Award To Next Low Bidder

A ninety (90) day trial period applies to contracts awarded by this solicitation. During the trial period, vendors must successfully perform. Failure to perform may cause immediate cancellation of the contract. If a dispute occurs or a discrepancy arises as to acceptability of product or service, the City’s decision prevails. The City will pay only for authorized orders received up to termination. If the contract is terminated within the trial period, the City may award the contract to the next low responsive Bidder by mutual agreement with that Bidder. Any new award will be for remaining contract work and is also subject to a trial period.

6.6. Background Checks and Immigrant Status

The City may require background checks for the Vendor, 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.

6.7. Independent Contractor

The City provides contract and project management, managing deliverables, schedules, tasks, and contract performance. This is distinguished from an employer-employee. This contract prohibits vendors from supervising and/or being supervised by a City employee. Supervision includes a City Employee Performance

Evaluations, preparing and/or approving City timesheets, administering discipline, and similar actions.

Contract workers shall not be given City office space unless provided for below, and for no more than 36 months without authorization from the City.

The City will not provide space in City offices for performance of this work. Vendors must perform work from their own office space or in the field, as appropriate to the work.

6.8. Work Order Quotations

For pool contract awards, City departments may request quotes from one or more contract vendors in the pool.

Vendors must issue quotes using unit prices in the contract. The City Project Manager shall describe to the http://www.seattle.gov/purchasing-and-contracting/social-equity/background-checks http://www.seattle.gov/purchasing-and-contracting/social-equity/background-checks companies the following information: Description of work, Date work must start and/or be completed by, Special materials, parts, or equipment needed to complete the work, Location of the work, Time and date the quotation is due, Name, phone and fax numbers, of the City Project Manager, Other special information required to successfully perform the work. Firms shall respond before quotes are due. Firms who cannot quote are asked to reply back with “no bid.” If multiple quotations were solicited, the City Department will award to the lowest responsive quote and notify others not selected. A purchase order number shall be provided to the selected Vendor. After inspection that approves the completed work, the Vendor will invoice using the departmental purchase order number.

6.9. Paid Sick Time and Safe Time Ordinance

Be aware that the City has a Paid Sick Time and Safe Time ordinance that requires companies to provide employees who work more than 240 hours within a year inside Seattle, with accrued paid sick and paid safe time for use when an employee or a family member needs time off from work due to illness or a critical safety issue. The ordinance applies to employers, regardless of where they are located, with more than four full-time equivalent employees. This is in addition and additive to benefits a worker receives under prevailing wages per

WAC 296-127-014(4). City contract specialists may audit payroll records or interview workers as needed to ensure compliance to the ordinance. Please see www.seattle.gov/laborstandards, or may call the Office of

Labor Standards at 206.684.4500 with questions.

7. ENVIRONMENTAL SPECIFICATIONS

7.1. Environmental Standards

Unless notified otherwise by the Vendor, products bid will be compliant to USEPA Standards published by the

USEPA, unless specified otherwise.

See USEPA Standards at: https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

7.2. PBT Free Specification - Persistent Bioaccumulative Toxic (PBT) Chemicals – Mercury, Dioxin, PCB, PBDE, Lead, PVC and other

The City of Seattle adopted Resolution #30487 in 2002 which requires City Purchasing differentiate products that contain PBT chemicals and that release PBT chemicals during production or disposal, from those products that do not, and requires City Purchasing reduce acquisition of products that contain or release PBT chemicals.

This includes mercury, dioxin, PCB, PBDE (polybrominated diphenyl ethers, i.e. flame retardants), and others identified by the State of Washington, Department of Ecology see https://ecology.wa.gov/Waste-

Toxics/Reducing-toxic-chemicals/Addressing-priority-toxic-chemicals.

If a Bidder has a product that contains or releases any PBT materials, Bidder must immediately notify the City

Buyer. Should the City determine there is no reasonable or economically feasible substitute, the City may amend allow for, or provide a maximum of 10% preference for, products that include or release the least PBT chemical practical. The City may reject Bids with PBT materials. Additional information is at:

http://www.ecy.wa.gov/toxhaz.html. The City Council Resolution is here:

http://clerk.seattle.gov/search/resolutions/30487

8. LICENSING AND BUSINESS TAX REQUIREMENTS

http://www.seattle.gov/laborstandards https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program https://ecology.wa.gov/Waste-Toxics/Reducing-toxic-chemicals/Addressing-priority-toxic-chemicals https://ecology.wa.gov/Waste-Toxics/Reducing-toxic-chemicals/Addressing-priority-toxic-chemicals http://www.ecy.wa.gov/toxhaz.html http://clerk.seattle.gov/search/resolutions/30487

The Vendor must meet all licensing requirements that apply to their business immediately after contract award or the City may reject the Vendor before contract execution. Carefully consider related costs before submitting an offer, as the City does not separately pay or reimburse licensing costs.

8.1. Seattle Business Licensing and Associated Taxes

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. A “physical nexus” means you have physical presence, such as: a building/facility in

Seattle, you make sales trips into Seattle, your own company drives into Seattle for product deliveries, and/or you conduct service work in Seattle (repair, installation, service, maintenance work, on-site consulting, etc.).

We provide a Vendor Questionnaire Form that will ask you to specify if you have “physical nexus”. All costs for any licenses, permits and Seattle Business License taxes owed shall be borne by the Vendor and not charged separately to the City.

The apparent successful Vendor 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 bid/proposal. Self-Filing: You can pay your license and taxes on-line using a credit card:

https://www.filelocal-wa.gov/Default_FileLocal.aspx.

For questions and assistance, call the License and Tax Administration office which issues business licenses and enforces licensing requirements. The general e-mail is tax@seattle.gov. The main phone is 206-684-8484. The licensing website is http://www.seattle.gov/licenses.

The City of Seattle website allows you to apply and pay on-line with a credit card if you choose.

If a business has extraordinary balances due on their account that would cause undue hardship to the business, the business can contact our office to request additional assistance. A weblink providing further explanation, with the application and instructions for a Seattle Business License is provided below.

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 Vendor 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.

The application for a Seattle Business License can be found at https://www.seattle.gov/license-and-tax-administration/business-license-tax-certificates.

8.2. State Business Licensing and associated taxes

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

Identifier” known as a UBI Number). 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 does not have a 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 Vendor and not charged separately to the City.

Instructions and applications are at http://bls.dor.wa.gov/file.aspx.

https://www.filelocal-wa.gov/Default_FileLocal.aspx mailto:tax@seattle.gov http://www.seattle.gov/licenses https://www.seattle.gov/license-and-tax-administration/business-license-tax-certificates https://www.seattle.gov/license-and-tax-administration/business-license-tax-certificates http://bls.dor.wa.gov/file.aspx

8.3. Permits

All permits required to perform work must be supplied by the Vendor at no additional cost to the City.

9. BID INSTRUCTIONS AND INFORMATION

9.1. 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.

9.2. Communications

All vendor communications concerning this acquisition and evaluation must be directed only to the Buyer below.

Failure to comply may cause bid rejection. Unless authorized by the Buyer, no other City official or City employee is empowered to speak for the City regarding this solicitation or resultant contract evaluation.

Megan Jackson

(206) 615-0891 megan.jackson@seattle.gov

9.3. Pre-Bid Conference

The City shall conduct a Non-Mandatory Pre-Bid Conference virtually using the information below. Vendors need not attend to be eligible to submit a Bid. The meeting answers questions potential Vendors may have regarding the solicitation document and to discuss and clarify issues. This is an opportunity for Vendors to raise concerns regarding specifications, terms, conditions, and any requirements of this solicitation. 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-bid conference.

The Non-Mandatory Pre-Bid Conference will be held at 1:00 pm, on Tuesday, October 20, 2026. Please use this link to get on the meeting: https://teams.microsoft.com/meet/258640184858612?p=ru3zcMzVTWDo9Zean3.

9.4. Questions

Submit questions to the Buyer no later than 5:00 pm on Tuesday, November 10, 2026. The City strongly prefers that vendors use the City’s Procurement Portal at https://procurement.opengov.com/portal/seattle to submit questions. Failure to request clarification of any inadequacy, omission, or conflict will not relieve Vendor of any responsibilities herein or in any subsequent contract. The Vendor is responsible to assure they received responses to the questions if issued.

9.5. Changes to the ITB/Addenda

A change may be made by the City if, in the sole judgment of the City, the change will not compromise the City’s objectives. A change will be made by formal addendum issued by the City’s Buyer, through the Procurement

Portal at https://procurement.opengov.com/portal/seattle. Such Addenda shall become part of this ITB and included in the Contract. Interested Vendors are responsible to assure they received Addenda.

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

9.6. Receiving Addenda and/or Question and Answers

The City Buyer intends to provide you notice, through the City’s Procurement Portal, when addenda are posted on the procurement portal. Notwithstanding such efforts, it is the Vendor’s responsibility to learn of addenda, responses, or notices issued by the City. Some third-party services post City of Seattle bids on their websites.

The City does not guarantee such services have accurately provided bidders with all information, particularly

Addenda or changes to bid date/time.

Bids are considered compliant to all Addenda, with or without specific Bidder confirmation. The Buyer can reject the Bid if it does not reasonably appear to have incorporated Addendum. The Buyer may reject bids that do not appear to incorporate substantive Addendum, or the Buyer may find that the Addenda were not material and accept the bid.

9.7. Late Submittals

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.

9.8. 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 Bid Instructions and Information section.

9.9. Bid Opening

Bids shall be publicly opened by the City at the date and time that sealed bids are due to the City. Bidders wishing to attend the bid opening must do so through the link provided in the Bid Timeline.

9.10. Bid and Price Specifications

Vendor shall provide their Offer on the provided City Bid Table(s), indicating unit prices for each item if applicable, attaching additional pages if needed. In the case of difference between the unit price and the extended price, the City shall use the unit price. The City may correct the extended price. Unless specified otherwise, Vendor shall quote prices F.O.B. Destination, with freight prepaid and allowed, US Dollars.

9.11. Do Not Submit Extra Comments, Explanations, Information or Changes

The City will reject bids that take material exception to City specifications and contract. Never add information or explanations on your Offer form. Do not take exceptions, do not offer alternatives (unless City requests), and do not mark the Offer with changes. Do not submit your boilerplate terms. Any of these actions may cause bid rejection in the Buyer’s sole opinion. If the Offer Form doesn’t adequately address your concern, ask the Buyer for direction.

9.12. Partial and Multiple Awards

Unless stated to the contrary in the Solicitation, the City reserves the right to name a partial and/or multiple awards, in the best interest of the City. Prepare all pricing and Offers accordingly. The City may eliminate an individual line item when calculating award, to meet City needs, if a line item is not routinely available or cost exceeds City funds.

9.13. Prompt Payment Discount

Vendor may provide a prompt payment discount term. A prompt payment discount term of ten or more days will be considered for bid tabulation.

9.14. Taxes

The City is exempt from Federal Excise Tax. Washington state and local sales tax will be an added line item although taxes are not used in bid tabulation for award.

9.15. Interlocal Purchasing Agreements

This is for information only and not to determine award. RCW 39.34 allows cooperative purchasing between public agencies, nonprofits and political subdivisions. Public agencies that file an Intergovernmental Cooperative

Purchasing Agreement with the City may purchase from City Contracts. The seller agrees to sell additional items at the bid prices, terms and conditions, to other eligible governmental agencies. The City has no responsibility for the payment of such purchases. Should the Vendor impose additional costs for such purchases, the Vendor is to name such additional pricing as a supplement to their offer.

9.16. Contract Terms and Conditions

Vendors shall carefully review all specifications, requirements, Terms and Conditions, and insurance requirements. Bid Submittal is agreement to all Terms and Conditions. All specifications, requirements, terms and conditions are mandatory and submittals should anticipate full compliance without exception. Please see

Terms and Conditions in Supporting Attachments.

9.17. Incorporation of ITB and Bid in Contract

This ITB and Vendor’s response, including promises, warranties, commitments, and representations made in the successful Bid, are binding and incorporated by reference in the City’s contract.

9.18. Effective Dates of Offer

Offered prices remain valid until City completes award. Should any Vendor object, do so before the bid due date.

9.19. Cost of Preparing Bids

The City is not liable for costs incurred by Vendors in bid preparation and presentation including, but not limited to, costs incurred for demonstrations and pre-Bid conferences.

9.20. Prohibited Contacts

Vendors shall not interfere in any way to discourage other potential and/or prospective Vendors from bidding or considering a bid 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 Vendor or another person acting on behalf of the

Vendor) 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 Purchasing Manager, the Vendor that initiates such contacts may be rejected from the process.

9.21. Vendor Responsibility to Examine Documents

Vendor is responsible to examine all specifications and conditions thoroughly, and comply with specifications and terms and conditions. Vendors must comply with all Federal, State, and City laws, ordinances and rules, and meet any and all registration requirements per Washington State law. By responding to this Invitation to Bid

(ITB), Bidder agrees he/she has read and understands all documents within this ITB package.

9.22. Vendor Responsibility to Provide Full Response

It is the Vendor’s responsibility to provide a full and complete written response and Offer Form that does not require interpretation or clarification by the Buyer. The Vendor is to provide all requested materials, forms and information. The Vendor must ensure the Offer accurately reflects Vendor specifications and offering. The City does not accept materials intended to supplement the bid after the bid deadline; however the City may consider additional materials obtained by the City, even if submitted by Vendor, or to seek clarifications from Vendor as needed. However this does not limit the right of the city to consider additional information (such as references that are not provided by the vendor but are known to the City, or past experiences by the City in assessing responsibility), or to seek clarifications by the City.

9.23. Do Not Attach Additional Materials with your Bid

Do not insert material sheets, extra product options, comments on boilerplate, supplemental or suggested contract terms, or other similar materials unless such materials are requested by the City or are necessary to show an “Approved Equal ” product specification. Such additional materials can compromise the clarity of your bid and result in rejection of your offer. If the materials conflict with your Offer, the City will not be obligated to clarify or determine which has priority; the City may instead reject your bid.

9.24. Changes or Corrections to Bids

Prior to the bid submittal closing date and time established for this ITB, a Vendor may change or correct its bid by following the Instructions here: https://opengov.my.site.com/support/s/article/4f4218bf-7da6-4fc6-b0c3-

7eade0776ebe. No change to a bid shall be made after the bid closing date and time. Note you cannot change, mark-up or cross-out any condition, format, provision or term that appears on any of the City’s documents.

9.25. Errors in Bids

Vendors are responsible for errors and omissions in their Bids. No such error or omission shall diminish the

Vendor’s obligations to the City.

9.26. Withdrawal of Bid

A submittal may be withdrawn by unsubmitting your submittal through the Procurement Portal, up until the closing date and time or by written request of the submitter, prior to bid closing. After the closing date and time, the submittal may be withdrawn only with permission by the City.

9.27. Rejection of Bids and Rights of Award

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

The City reserves the right to reject any or all Bids with no penalty. The City also has the right to waive immaterial defects and minor irregularities in any submitted Bid.

9.28. Bid Disposition

All material submitted in response to this ITB shall become the property of the City upon delivery to the Buyer.

9.29. Equal Benefits

Seattle Municipal Code Chapter 20.45 (SMC 20.45) requires consideration of whether bidders 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 bid package includes a “Vendor Questionnaire” which is the mandatory form on which you make a designation about the status of such benefits. If your company does not comply with Equal Benefits and does not intend to do so, you must still supply the information on the Vendor

Questionnaire. Instructions are provided at the back of the Questionnaire.

9.30. Women and Minority Opportunities

The City intends to provide the maximum practicable opportunity for successful participation of minority and women owned firms, given such businesses are underrepresented. If a Bidder intends to subcontract any work, the City requires he/she agree to SMC Chapter 20.42.

9.31. Insurance Requirements

Insurance requirements in the attached Terms and Conditions shall apply, unless modified by the Insurance

Transmittal Form. If formal proof of insurance must be submitted to the City before execution of the Contract, the City will remind the successful Vendor in the Intent to Award letter. The apparent successful Vendor must promptly provide such proof of insurance to the City in reply to the Intent to Award Letter. Contracts will not be executed until all required proof of insurance has been received and approved by the City. Vendors are encouraged to immediately contact their Broker to begin preparation of the required insurance documents, if the Vendor is selected as a finalist. Vendors may elect to provide the requested insurance documents within their Bid.

9.32. Proprietary Materials

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

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

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

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

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

Bidders/proposers must be familiar with the Washington State Public Records Act and the limits of record disclosure exemptions. For more information, visit the Washington State Legislature’s website at http://www.leg.wa.gov/LawsAndAgencyRules).

http://www.leg.wa.gov/LawsAndAgencyRules

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

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

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

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

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

(see Form as part of Vendor Questionnaire), very clearly and specifically identify each record and the exemption(s) that may apply, and submit a copy of your records with the specified exemptions redacted. (If you are awarded a City contract, the same exemption designation will carry forward to the contract records.)

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

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

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

Form, the City will notify you in writing of the request and will postpone disclosure. While it is not a legal obligation, the City, as a courtesy, will allow you up to ten business days to file a court injunction to prevent the

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

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

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

9.34. 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, please make your request at the City of

Seattle’s Public Records Request Center at www.seattle.gov/public-records/public-records-request-center.

10. ETHICS CODE

https://www.seattle.gov/public-records/public-records-request-center

Please familiarize yourself with the City Ethics code. A pamphlet for Vendors, Customers and Clients is located at http://www.seattle.gov/ethics/etpub/et_home.htm. Any questions should be addressed to Seattle Ethics and

Elections Commission at 206-684-8500

10.1. No Gifts and Gratuities

Vendors shall not directly or indirectly offer anything of value (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 Vendor. An example is giving sporting event tickets to a City employee on the evaluation team of a bid you plan to submit. The definition of what a “benefit” would be is broad and could include not only awarding a contract but also the administration of the contract or evaluating contract performance. The rule works both ways, as it also prohibits City employees from soliciting items of value from vendors.

Promotional items worth less than $25 may be distributed by the vendor to City employees if the Vendor uses the items as routine and standard promotions for the business.

10.2. Involvement of Current and Former City Employees

If a Vendor has any current or former City employees, official or volunteer, working or assisting on solicitation of City business or on completion of an awarded contract, you must provide written notice to Purchasing of the current or former City official, employee or volunteer’s name. The Vendor Questionnaire within your bid documents prompts you to answer that question. You must continue to update that information to City

Purchasing during the full course of the contract. The Vendor is to be aware and familiar with the Ethics Code, and educate vendor workers accordingly.

10.3. Contract Workers with over 1,000 Hours

The Ethics Code has been amended to apply to vendor company workers that perform over 1,000 cumulative hours on any City contract during any 12-month period. Any such vendor company employee covered by the

Ethics Code must abide by the City Ethics Code. The Vendor is to be aware and familiar with the Ethics Code, and educate vendor workers accordingly.

10.4. No Conflict of Interest

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

10.5. 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. Please see Initiative 122, or call 206-684-8500 with questions.

11. EVALUATION

11.1. Responsiveness and Responsibility

http://www.seattle.gov/ethics/etpub/et_home.htm

Purchasing shall review submittals to determine basic responsiveness (timely submittal, all required forms submitted, etc), responsibility (minimum qualifications, equal benefit determinations, etc), and technical minimum requirements if any (delivery date, required specifications, etc). An initial review is made after opening, however additional and more detailed reviews may be made during evaluation and before award. The review may be made of all Vendors or only as needed to determine the lowest responsive and responsible

Vendor.

11.2. Specifications

Before tabulating price, the City evaluates Vendor compliance with specifications and bid requirements, and determinations of “Approved Equal” alternates. If submitting an “Approved Equal” the bidder must show the product is equivalent, by attaching comprehensive manufacturing specifications or other appropriate materials.

The Buyer may also obtain a manufacturer line card to verify. If manufacturer materials differ from the Bidder’s materials, the Bidder must explain why or the Buyer may rely upon the manufacturer specification materials alone to make the determination.

11.3. Pricing

Items on price sheets shall then be calculated for award to the lowest responsive and responsible bidder for each bid table in section 10. Bid Form. Item pricing will be multiplied by the number of units required for an item total. Item totals will be totaled for all items for a tabulated total. If an error in math occurs, unit pricing will be considered the correct price and will be used. If any cost item is missing from a bidder Offer Form, the

City reserves the right to reject that Bid or to calculate and compare bids without that cost item considered.

11.4. Prompt Payment Discount

The City will calculate and reduce the pricing submitted by applying any prompt payment discounts.

11.5. Local Business Tax Revenue Consideration

SMC 20.60.106 (H) authorizes that in determining the lowest and best bid, the City shall consider the tax revenues derived by the City from its business and occupation, utility, sales and…