Equitable Transit Oriented Development Remnant Parcels Technical Consultant RFP# OPCD-11-22-2023

REQUEST FOR PROPOSALS

FTA Funded Project

Federal Award Identification Number: WA-2021-134-00

CFDA #: 20500

Consultant Contract

Equitable Transit Oriented Development Remnant Parcels Technical Consultant

Procurement Schedule

Table 1: Procurement Schedule

Schedule of Events	Date/Time
Solicitation Release	November 22, 2023
Optional Pre-Submittal Conference Microsoft Teams Meeting, 2:00pm Invitation available upon request	December 11, 2023
Deadline for Questions	December 18, 2023 2:00 PM PST
Response Deadline	January 4, 2024 5:00 PM PST
Interviews	January 29 - February 2, 2024
Announcement of Successful Proposer(s)	February 9, 2024

The City reserves the right to modify this.

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

Procurement Contact Information

Procurement Contact: Alberta Bleck, TOD Strategist

Alberta.Bleck@seattle.gov | (206)684-4812

Rawan Hasan, Associate Planner

Rawan.Hasan@seattle.gov | (206)684-3985

Table 2: Delivery Address

Electronic Delivery – E-Mail Address

Alberta.Bleck@seattle.gov; Rawan.Hasan@seattle.gov

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

Table of Contents

1. Purpose and Background.

Background:

The buildout of the West Seattle and Ballard Link Extensions approved by voters in 2016 presents an opportunity for a generational investment in mass transit for Seattle and the Puget Sound region. Simultaneously, Seattle is experiencing a housing affordability and displacement crisis for low-income Black, Indigenous, and People of Color communities. With new transit coming in the next decade, putting more pressure on land and housing, The City of Seattle needs a strong vision for equitable development in neighborhoods that are at risk of displacement.

In 2019, the City of Seattle was awarded a grant from the Federal Transit Administration (FTA) to support equitable transit-oriented development along the West Seattle and Ballard Link Extension corridors. The purpose of the Pilot Program for Transit-Oriented Development (TOD) Planning grant is to do comprehensive planning for the West Seattle and Ballard Link Light Rail extensions, understanding that these investments in mass transit will have implications for equitable transit-oriented development citywide. The work is comprised of:

1. Station Access and Catalytic Public Realm Project Coordination to leverage public and private infrastructure investments within walking and biking distance to each station.

2. Equitable Transit Oriented Development (ETOD) Strategy and Implementation Plan to refine a community-driven strategy for Equitable Transit-Oriented Development, including a framework for remnant parcels and place-based strategies to build community capacity and community vision for ETOD.

The Equitable Transit Oriented Development (ETOD) Strategy and Implementation Plan will form the foundation of the City of Seattle’s approach to advancing community-driven outcomes in high-capacity transit station areas. By centering communities most impacted by investments in public infrastructure in the process—Black and Indigenous and people of color, immigrants and refugees, English language learners, LGBTQ people, youth, elders, and people living with disabilities—this approach attempts to address the root causes of displacement and support self-determination through community-led and -owned development. An Equitable TOD Strategy and Implementation Plan is actionable and may include identifying opportunity sites and funding mechanisms for key locations.

Objectives:

The Office of Planning and Community Development (OPCD) is requesting proposals to conduct analysis of publicly owned land abutting the new light rail corridors. This analysis will include surplus and/or underutilized land owned by the City, County, State and other governmental agencies (other than Sound Transit) located near or adjacent to the planned West Seattle and Ballard light rail alignments. A key component of the analysis is parcels to be purchased by Sound Transit for the West Seattle and Ballard Link Extensions that may no longer essential for light rail operations once construction has been completed, and which are not identified by Sound Transit as priority sites for redevelopment as housing or other uses. The surplus and underutilized publicly owned parcels proximate to the planned light rail alignment, and the excess small, difficult to develop land owned by Sound Transit, will collectively be referred to as “remnant parcels” in this RFP.

This analysis will be conducted in two phases. The first phase will center on a typology study focused on creating a set of categorization criteria to broadly represent which site condition best accommodates community priorities. The second phase will consist of a site-specific analysis, including an inventory of publicly owned parcels by public agencies as well as maps from Sound Transit of the parcels defined as remnant. This RFP is for the first phase of analysis only, and staff anticipate releasing the RFP for the phase two scope in Fall 2024.

The aim of this first phase analysis is to better understand the network of underutilized public land proximate to new light rail investments, analyze the adjacencies, identity potential process improvements for land acquisition, and generate an overall strategy for developing these parcels to better serve communities. This analysis will include a land use study of the remnant parcels and surrounding areas to ensure that zoning policies are supportive of future development for a variety of uses, including but not limited to housing for families of varying sizes, uses that further social and economic opportunity for current and future residents, and community-serving uses for difficult to develop parcels.

This contract maximum is $75,000. It is anticipated that this contract will receive federal funds from the Federal Transit Administration and therefore will proceed under this assumption.

Abbreviations

CAG Community Advisory Group

COS City of Seattle

BLE Ballard Link Extension

EDI Equitable Development Initiative

ETOD Equitable Transit Oriented Development

OPCD Office of Planning & Community Development

PBG Place-Based Group

ST Sound Transit

TOD Transit-oriented Development

WSLE West Seattle Link Extension

2. Performance Schedule.

This project will begin upon completion of contracting and continue through Q2 2025. Commencement of the scope of work may begin in January 2024. Please note that the timeline of the West Seattle Link Extension (WSLE) and Ballard Link Extension (BLE) projects are dynamic due to Sound Transit Board approvals. Since this project is closely tied to the buildout of WSLE and BLE, the timeline for this contract may change, requiring the consultant to be flexible if unforeseen schedule changes arise.

3. Solicitation Objectives.

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

• Hire a creative, racial equity-centered, and experienced firm/team/consultant(s) to craft a strategy around the network of remnant parcels, including analyzing adjacencies, assessing zoning and land use policies, and identifying potential process improvements for land acquisition and development.

• Hire a team with familiarity around redlining and other discriminatory lending and real estate practices that have disproportionately harmed communities of color.

• Competitive proposals will be mission-aligned in the goal of reversing the impacts of previous discriminatory practices, utilizing expertise in planning, land use, and community development.

4. Minimum Qualifications.

Minimum qualifications are required for a consultant to be eligible to submit a proposal response. Your submittal response must show compliance to these minimum qualifications. Those not responsive to these qualifications will be rejected by the City without further consideration:

• The consultant must have demonstrated experience working with a public agency, non-profit, or community-based organization in an urban environment similar to the City of Seattle within the last 5 years providing project management, planning, policy analysis, and/or community development services.

• The consultant must have demonstrated experience working with community members, community organizations and populations at high risk of displacement within the last 5 years, providing project management, due diligence, feasibility analysis, planning, policy analysis and/or community development services.

5. Scope of Work.

Foundation: Alignment on Project Goals and General Process Design, February – March 2024

The remnant parcels analysis forms an integral component of the ETOD Strategy and Implementation Plan. A draft summary of the ETOD definition, vision and values can be found here. The consultant will coordinate closely with City staff, other project consultants, and community stakeholders throughout the process to produce the final deliverables (described in Part C). To be successful, the consultant will need to demonstrate exceptional communication and coordination across teams.

Work will include:

1. Facilitate a project kick-off and internal alignment meeting (s) with City staff to establish a shared understanding of the remnant parcels framework and how it fits into the City’s overall ETOD Strategy.

2. Coordinate with City staff to develop meeting materials, including providing relevant information and analysis.

3. Co-develop questions for analysis phase

Part A: Assessment and Analysis, April – June 2024

In the first phase of the contract, the consultant will analyze the network of current and future underutilized and/or surplus public land, including studying adjacencies, relevant zoning, and land use policies. Simultaneously, OPCD staff will convene and facilitate a series of meetings with the Community Advisory Group (CAG) as well as Delridge and CID Place-Based Groups (PBGs), with the goal of developing relationships with community stakeholders as well as establishing group norms and decision-making processes. The consultant will join these meetings on an as-needed basis to inform their research.

Work will include:

1. In partnership with OPCD staff, compile a list of publicly owned surplus and/or underutilized parcels owned by the City, State, County, and other jurisdictions, incorporating information on Sound Transit’s remnant parcels as this information becomes available

2. Inventory current zoning and land use policies along the WSLE and BLE alignments, including mapping as needed.

3. Research neighborhoods surrounding the proposed WSLE and BLE alignments, including needs, assets, and opportunities.

4. Review previous planning documents (within the last 10 years), including ETOD materials. Participate in CAG and PBGs meetings to understand priorities emerging from CAG, PBG, and other community processes.

5. In partnership with OPCD staff, collaborate with other departments and agencies to ensure alignment on framework end goals and approach. Relevant entities include (but are not limited to): Seattle’s Office of Housing, Seattle Department of Transportation, and Sound Transit.

Deliverables may include:

1. Distilling information into plain language for participants that are not familiar with technical planning language

2. Presentation to the CAG, PBGs, and OPCD staff on analyses of zoning and land use, community-based assets, challenges & opportunities

3. Incorporating feedback of the CAG, PBGs, and OPCD staff into presentation and other materials

Part B: Crafting Categorization & Suitability Study, July - October 2024

In this phase, the consultant will build on the work completed in Part A (Assessment and Analysis) to create a set of categorization criteria to broadly represent which site typology can accommodate which community priorities. These criteria will form the basis for a suitability study, incorporating additional detail around feasibility for various uses. The consultant will continue to participate in the CAG & PBGs on an as needed basis, providing visual representations of potential typologies to support CAG and PBGs in understanding opportunities and shaping priorities.

Work will include:

1. Generate a typology and create visual representation of remnant parcel types appropriate for a range of community needs and priorities; Analysis may include:

a. Zoning and land use analysis

b. Adjacencies

c. Size

d. Topography and related conditions

e. Site access

f. Neighborhood needs

2. Participate in CAG & PBGs as needed to ensure categorization & suitability align with community-identified priorities.

3. Develop strategies in partnership with OPCD staff, CAG, and PBGs on implementation of priority projects, including zoning and land use policy changes, as well as process improvements for land acquisition and development.

Part C: Strategies & Tools Framework Final Report, November - February 2025

In this final phase, the consultant will craft a culminating report documenting the insights gained through Parts A (Analysis and Assessment) and B (Categorization and Suitability), incorporating the feedback received from the CAG, PBGs, and OPCD staff. This report will contain a set of Recommendations and Strategies that will guide implementation of programs and projects moving forward. The consultant will present the final report back to the CAG and PBGs for review and feedback.

Work will include:

1. Create a set of strategies and tools with the guidance of the CAG and PBGs, incorporating the Financial Investment Strategy Report, a deliverable to be created by the CID Technical Consultant, and other materials generated through the processes underway as part of the ETOD initiative.

2. Craft a report incorporating the analysis conducted through Parts A and B to support the community-identified visions for Remnant Parcels including analysis of:

a. Use and Site Typologies

b. Zoning and Land Use Analysis

c. Policies & Programmatic recommendations on how to align the City’s policies and programs with the community priorities identified through the CAG, PBG, and other ongoing engagement processes

6. Contract Modifications.

The City has attached its boilerplate contract terms to allow Proposers to be familiar with boilerplate and its non-negotiable terms before investing time to create and submit a proposal. The City cannot modify contract provisions mandated by Federal, State or City law: Equal Benefits, Audit (Review of Vendor Records), WMBE and EEO, Confidentiality, and Debarment or mutual indemnification. Exceptions to those provisions will be summarily disregarded.

7. Procedures and Requirements.

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

7.1 Registration into the Online Business Directory

If you have not previously done so, register at: http://www.seattle.gov/obd The City expects all firms to register. Women- and minority- owned firms are asked to self-identify (see section 7.26). For assistance, email FAS_PC@seattle.gov .

7.2 Pre-Submittal Conference

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

7.3 Questions.

Proposers may email questions to the Procurement Contact until the deadline stated on page 1. Failure to request clarification of any inadequacy, omission, or conflict will not relieve the Consultant of responsibilities under any subsequent contract. It is the responsibility of the interested Consultant to assure they receive responses to questions if any are issued.

7.4 Changes to the RFP/RFQ.

The City may make changes to this RFP/RFQ if, in the sole judgment of the City, the change will not compromise the City’s objectives in this solicitation. Any change to this RFP/RFQ will be made by formal written addendum issued by the City and shall become part of this RFP/RFQ.

7.5 Receiving Addenda and/or Question and Answers.

It is the obligation and responsibility of the Consultant to learn of addenda, responses, or notices issued by the City. Some third-party services independently post City of Seattle solicitations on their websites. The City does not guarantee that such services have accurately provided all the information published by the City.

All submittals sent to the City may be considered compliant with or without specific confirmation from the Consultant that any and all addenda was received and incorporated into your response. However, the Project Manager reserves the right to reject any submittal that does not fully incorporate Addenda that is critical to the project.

7.6 Proposal Submittal.

a. Proposals must be received by the City no later than the date and time on page 1 except as revised by Addenda.

b. All pages are to be numbered sequentially, and closely follow the requested formats.

c. The City has page limits specified in Section 8: Response Materials and Submittal. Any pages that exceed the page limit will be excised from the document for purposes of evaluation.

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

7.7 Electronic Submittal.

The City allows and will accept an electronic submittal.

a. The electronic submittal is e-mailed to the Procurement Contact (see page 2), by the submittal deadline (Procurement Schedule, Table 1, Page 1 or as otherwise amended).

b. Title the e-mail so it will not be lost in an e-mail stream.

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

d. The City’s e-mail system will typically allow documents up to 20 Megabytes.

7.8 Proposer Responsibility to Provide Full Response.

It is the Proposer’s responsibility to respond in a manner that does not require interpretation or clarification by the City. The Proposer is to provide all requested materials, forms and information. The Proposer is to ensure the materials submitted properly and accurately reflect the Proposer’s offering. During scoring and evaluation (prior to interviews if any), the City will rely upon the submitted materials and shall not accept materials from the Proposer after the RFP/RFQ deadline; this does not limit the City’s right to consider additional information (such as references that are not provided by the Proposer but are known to the City, or past City experience with the consultant), or to seek clarifications as needed.

7.10 Prohibited Contacts.

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

7.11 License and Business Tax Requirements.

The Consultant must meet all applicable licensing requirements immediately after contract award or the City may reject the Consultant. Companies must license, report and pay revenue taxes for the Washington State business License (UBI#) and Seattle Business License, if required by law. Carefully consider those costs before submitting an offer, as the City will not separately pay or reimburse such costs.

Seattle Business Licensing and associated taxes.

a. If you have a “physical nexus” in the city, you must obtain a Seattle Business license and pay all taxes due before the Contract can be signed.

b. A “physical nexus” means you have physical presence, such as: a building/facility/employee(s) in Seattle, you make sales trips into Seattle, your own company drives into Seattle for product deliveries, and/or you conduct service work in Seattle (repair, installation, service, maintenance work, on-site consulting, etc.).

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

d. All costs for any licenses, permits and Seattle Business License taxes owed shall be borne by the Consultant and not charged separately to the City.

e. The apparent successful Consultant(s) must immediately obtain the license and ensure all City taxes are current, unless exempted by City Code due to reasons such as no physical nexus. Failure to do so will cause rejection of the submittal.

f. The City of Seattle Application for a Business License and additional licensing information can be found this page here: http://www.seattle.gov/licenses/get-a-business-license

g. You can find Business License Application help here: http:/www.seattle.gov/licenses/get-a-business-license/license-application-help

h. Self-Filing You can pay your license and taxes on-line using a credit card www.seattle.gov/self/

i. For Questions and Assistance, call the Revenue and Consumer Protection (RCP) office which issues business licenses and enforces licensing requirements. The general e-mail is rca@seattle.gov . The main phone is 206-684-8484.

j. The licensing website is http://www.seattle.gov/licenses

k. If a business has extraordinary balances due on their account that would cause undue hardship to the business, the business can contact the License and Tax Administration office at tax@seattle.gov to request additional assistance.

l. Those holding a City of Seattle Business license may be required to report and pay revenue taxes to the City. Such costs should be carefully considered by the Consultant prior to submitting your offer. When allowed by City ordinance, the City will have the right to retain amounts due at the conclusion of a contract by withholding from final invoice payments.

7.12 State Business Licensing.

Before the contract is signed, you must have a State of Washington business license (a “Unified Business Identifier” known as a UBI#). If the State of Washington has exempted your business from State licensing (some foreign companies are exempt and sometimes, the State waives licensing because the company has no physical presence in the State), then submit proof of that exemption to the City. All costs for any licenses, permits and associated tax payments due to the State because of licensing shall be borne by the Consultant and not charged separately to the City. Instructions and applications are at http://bls.dor.wa.gov/file.aspx and the State of Washington Department of Revenue is available at 1-800-647-7706.

7.13 Federal Excise Tax.

The City is exempt from Federal Excise Tax.

7.14 No Guaranteed Utilization.

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

7.15 Expansion Clause.

The contract limits expansion of scope and new work not expressly provided for within the RFP/RFQ.

Expansion for New Work (work not specified within the original Scope of Work Section of this Agreement, and/or not specified in the original RFP as intended work for the Agreement) must comply with the following:

(a) New Work is not reasonable to solicit separately; (b) is for reasonable purpose; (c) was not reasonably known by the City or Consultant at time of solicitation or was mentioned as a possibility in the solicitation (i.e. future phases of work, or a change in law); (d) is not significant enough to be regarded as an independent body of work; (e) would not attract a different field of competition; and (f) does not change the identity or purpose of the Agreement.

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

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

7.16 Effective Dates of Offer.

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

7.17 Cost of Preparing Proposals.

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

7.18 Readability.

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

7.19 Changes or Corrections to Proposal Submittal.

Prior to the submittal due date, a consultant may change its proposal, if initialed and dated by the Consultant. No changes are allowed after the closing date and time.

7.20 Errors in Proposals.

Proposers are responsible for errors and omissions in their proposals. No error or omission shall diminish the Proposer’s obligations to the City.

7.21 Withdrawal of Proposal.

A submittal may be withdrawn by written request of the submitter.

7.22 Rejection of Proposals.

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

7.23 Incorporation of RFP/RFQ and Proposal in Contract.

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

7.24 Independent Contractor.

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

Contract workers shall not be given City office space unless expressly provided for below, and in no case shall such space be provided for over 36 months without specific authorization from the City.

The City will not provide space in City offices for performance of this work. Consultants will perform most work from their own office space or the field.

7.25 Equal Benefits.

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

7.26A Civil Rights and Title VI.

The City of Seattle, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and 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 submitters 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 bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin or sex in consideration for an award. To the extent applicable and except to the extent that the federal cognizant agency determines otherwise in writing, the submitter agrees to comply with the policies of Executive Order No. 13166, "Improving Access to Services for Persons with Limited English Proficiency," 42 U.S.C. § 2000d-1 note, and with the provisions of U.S. DOT Notice, “DOT Guidance to Recipients on Special Language Services to Limited English Proficient (LEP) Beneficiaries,” 66 Fed. Reg. 6733 et seq., January 22, 2001 if awarded under a US DOT agency. The submitter further agrees to comply with the policies of Executive Order No. 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income.”

7.26Bii Disadvantaged Business Enterprise (DBE) Program.

The City of Seattle does not have a DBE goal for this project.

However, as part of the City’s good faith effort to follow DBE, the City will report DBE inclusion if the awarded proposer is already certified as DBE. In this case the following will apply:

As a recipient of Federal Aid Funds, the City of Seattle is required to follow 49 Code of Federal Regulations (CFR) Part 26 “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs.”

The City of Seattle overall DBE goal for the three Federal Fiscal Year period 2023-2025 is 20.04%. It is anticipated that the agreement resulting from this solicitation will utilize federal funds. Therefore, all requirements under the City’s DBE Program and the SDOT DBE Procedures for Consultant Contracts shall be followed. Federally certified DBE’s are listed at http://omwbe.wa.gov/directory-of-certified-firms . In accordance with the federal DBE program, out-of-state DBE’s that apply and are selected for intent to award must receive in-state DBE designation by contacting the Washington State Office of Minority and Women’s Business Enterprises for DBE Certification at https://omwbe.diversitycompliance.com/ before Notice to Proceed.

Consultants are advised that any agreement, including subcontracts, awarded pursuant to this RFQ shall include the following assurance:

"The consultant, sub-recipient or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The consultant shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate."

Additional information on these requirements are outlined in the attached Notice to Proposers, DBE plan and DBE written certification documents.

7.26C Indirect Overhead and Indirect Cost Rates and Adjustment Requests

Indirect Overhead / Indirect Cost Rate Documentation and Adjustment Requests

The use of an Indirect Cost Rate (ICR) shall be compliant with 48 CFR Part 31.2 of the Federal Acquisition Regulations (FAR 31.2). Consultant / Subconsultant(s) shall provide documentation substantiating their Indirect Cost Rate (ICR). Documentation includes approval and record of audited indirect cost rate pool.

The use of an Indirect Cost Rate (ICR) may also be compliant with Washington state law if approved by a Washington State agency such as the Washington State Department of Transportation. Consultant / Subconsultant(s) shall provide documentation substantiating their Indirect Cost Rate (ICR). Documentation includes approval and record of audited indirect cost rate pool.

The use of an Indirect Cost Rate (ICR) or Overhead rate may also be the result of audited financial statements and overhead pool as signed and approved by an independent, licensed financial auditor. Consultant / Subconsultant(s) shall provide documentation substantiating their Overhead or Indirect Cost Rate (ICR). Documentation includes signed letter from the independent financial auditor and record of audited indirect cost rate pool.

If a Consultant / Subconsultant(s) does not have an independently audited and approved Overhead rate or approved ICR, and can demonstrate that an audit poses an insurmountable financial impact to the Consultant / Subconsultant(s), the Consultant / Subconsultant(s) may negotiate an appropriate overhead rate. The Consultant / Subconsultant(s) are responsible for charging in a manner fully compliant with FAR 31.2 and may reach a negotiated rate with the Seattle Department of Transportation.

Consultants may submit ICR and overhead rate adjustments on an annual basis, beginning twelve months from the Execution Date of the Agreement, in compliance with FAR 31.2.

7.27 Insurance Requirements.

Any special insurance requirements are provided as an Attachment. If attached, provide proof of insurance and additional insured endorsement policy language to the City before Contract execution. The apparent successful Proposer must promptly provide proof of insurance to the City upon receipt of the notice of intent to award.

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

7.28 Proprietary Materials.

The State of Washington’s Public Records Act (Release/Disclosure of Public Records): Under Washington State Law (reference RCW Chapter 42.56, the Public Records Act) all materials received or created by the City of Seattle are considered public records.  These records include but are not limited to bid or proposal submittals, agreement documents, contract work product, or other bid material.

The State of Washington’s Public Records Act requires that public records must be promptly disclosed by the City upon request unless that RCW or another Washington State statute specifically exempts records from disclosure.  Exemptions are narrow and explicit and are listed in Washington State Law (Reference RCW 42.56 and RCW 19.108).

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

If you have any questions about disclosure of the records you submit with your bid, contact the Procurement Contact named in this document.

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

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

If you believe any of the records you are submitting to the City as part of your bid/proposal or contract work products, are exempt from disclosure you can request that they not be released before you receive notification.  To do so you must complete the City Non-Disclosure Request Form (“the Form”) provided by the City (see page 4 on the Consultant Questionnaire) and very clearly and specifically identify each record and the exemption(s) that may apply.  (If you are awarded a City contract, the same exemption designation will carry forward to the contract records.)

The City will not withhold materials from disclosure simply because you mark them with a document header or footer, page stamp, or a generic statement that a document is non-disclosable, exempt, confidential, proprietary, or protected.  Do not identify an entire page as exempt unless each sentence is within the exemption scope; instead, identify paragraphs or sentences that meet the specific exemption criteria you cite on the Form.  Only the specific records or portions of records properly listed on the Form will be protected and withheld for notice.  All other records will be considered fully disclosable upon request.

If the City receives a public disclosure request for any records you have properly and specifically listed on the Form, the City will notify you in writing of the request and will postpone disclosure.  While it is not a legal obligation, the City, as a courtesy, will allow you up to ten business days to file a court injunction to prevent the City from releasing the records (reference RCW 42.56.540).  If you fail to obtain a Court order within the ten days, the City may release the documents.

The City will not assert an exemption from disclosure on your behalf.  If you believe a record(s) is exempt from disclosure you are obligated to clearly identify it as such on the Form and submit it with your solicitation.  Should a public record request be submitted to Purchasing for that record(s), you can then seek an injunction under RCW 42.56 to prevent release.  By submitting a bid document, the bidder acknowledges this obligation; the proposer also acknowledges that the City will have no obligation or liability to the proposer if the records are disclosed.

Requesting Disclosure of Public Records

The City asks bidders and their companies to refrain from requesting public disclosure of bids until an intention to award is announced.  This measure is intended to protect the integrity of the solicitation process particularly during the evaluation and selection process or in the event of a cancellation or re-solicitation.  With this preference stated, the City will continue to be responsive to all requests for disclosure of public records as required by State Law.  If you do wish to make a request for records, visit https://www.seattle.gov/public-records/public-records-request-center .

7.29 Ethics Code.

Familiarize yourself with the City Ethics code: http://www.seattle.gov/ethics/etpub/et_home.htm . For an in-depth explanation of the City’s Ethics Code for Contractors, Vendors, Customers and Clients, visit: http://www.seattle.gov/ethics/etpub/faqcontractorexplan.htm . Any questions should be addressed to Seattle Ethics and Elections Commission at 206-684-8500.

No Gifts and Gratuities.

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

Involvement of Current and Former City Employees.

The Consultant Questionnaire within your submittal documents prompts you to disclose any current or former City employees, official or volunteer that is working or assisting on solicitation of City business or on completion of an awarded contract. Update that information during the contract.

Contract Workers with over 1,000 Hours.

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

No Conflict of Interest.

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

Campaign Contributions (Initiative Measure No. 122)

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

7.30 Background Checks and Immigrant Status.

Background checks will not be required for workers that will be performing the work under this contract. The City has strict policies regarding the use of Background checks, criminal checks, immigrant status, and/or religious affiliation for contract workers. The policies are incorporated into the contract and available for viewing on-line at http://www.seattle.gov/purchasing-and-contracting/social-equity/background-checks .

7.31 Notification Requirements for Federal Immigration Enforcement Activities.

Prior to responding to any requests from an employee or agent of any federal immigration agency including the Immigration and Customs Enforcement (ICE), the U.S. Department of Homeland Security (DHS), Homeland Security Investigations (HSI), Enforcement Removal Operations (ERO), Customs and Border Protection (CBP), and U.S. Citizenship and Immigration Services (USCIS) regarding your City contract, Consultants shall notify the Project Manager immediately.

Such requests include, but are not limited to:

a. requests for access to non-public areas in City buildings and venues (i.e., areas not open to the public such as staff work areas that require card key access and other areas designated as “private” or “employee only”); or

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