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Home My WebLink About08/06/2018 15 Martin Luther King, Jr., pool project- RFQ process 1 C\ eiC#11.11k I; , rl BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 15. For Meeting of:August 6, 2018 ITEM TITLE: Martin Luther King, Jr., pool project- RFQ process SUBMITTED BY: Sue Ownby, Purchasing Manager, 576-6695 SUMMARY EXPLANATION: At the July 17 Council meeting, Councilman White asked some questions related to a July 10 Agenda Item No. 13 "Proposal on seeking funds for Martin Luther King Jr. Park Community Swimming Poop' The discussion was mainly about seeking competition to hire the consultant. There was also a request to give local contractors the opportunity to compete on this contract. The attached memo outlines the process for this type of procurement. There is also a PowerPoint presentation outlining other procurement processes as well. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR City Manager SUBMITTAL: STAFF RECOMMENDATION: BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type ❑ MLK Consultant Memo 8/1/2018 Coeer Memo ❑ Procurement at the Oty of Yakima ppt 7/30/2018 Coeer Memo ❑ Purchasing Manual 7/30/2018 Coeer Memo ❑ Architects-Engineering Manual 7/30/2018 Coeer Memo 2 City of Yakima Purchasing Division YikilgOlkAN DV1J Date: July 30, 2018 To: Honorable Mayor and City Council Cliff Moore, City Manager From: Sue Ownby, Purchasing Manager Subject: Contracting for MLK Consultants At the July 17 Council meeting, Councilman White asked some questions related to a July 10 Agenda Item No. 13 "Proposal on Seeking Funds for Martin Luther King Jr. Park Community Swimming Pool". The discussion was mainly about seeking competition to hire the consultant. There was also a request to give local contractors the opportunity to compete on this contract. I understand the item was to request funding to have a consultant draw up 3 possible schematic design concepts, along with the estimated construction cost and operation costs. A contract has not been awarded for this service. Per State Law, any consultant services requested that are in connection with a public works project must be procured using the Qualifications Base Selection (QBS) requirements in RCW Chapter 39.80. Architects, Engineers, Land Surveyors and Landscape Architects are required to be licensed and/or certified by State agencies. This is called contracting for an "Architect/Engineer" or (A/E). Below is a section of the RCW. The Law: 39.80.050 Procurement of architectural and engineering services — Contract negotiations. (1) The agency shall negotiate a contract with the most qualified firm for architectural and engineering services at a price which the agency determines is fair and reasonable to the agency. In making its determination, the agency 3 shall take into account the estimated value of the services to be rendered as well as the scope, complexity, and professional nature thereof. (2) If the agency is unable to negotiate a satisfactory contract with the firm selected at a price the agency determines to be fair and reasonable, negotiations with that firm shall be formally terminated and the agency shall select other firms in accordance with RCW 39.80.040 and continue in accordance with this section until an agreement is reached or the process is terminated. [1981 c 61 §5.] How is A/E different? The main difference between contracting for A/E services and other services is that you cannot ask for fees or costs in the request for Statement of Qualifications (SOQ). You must choose an A/E based on qualifications first and then negotiate cost with the most qualified firm later. This process is called QBS as defined in RCW 39.80. ALL local governments of the State of Washington must use this process for procuring A/E professional services. Qualifications-Based-Selection (QBS) Process: QBS is a competitive procurement process in which 1 or more consulting firms submit qualifications and/or a non-cost proposal to an agency. The distinguishing feature of QBS over other types of consultant selection is that price (unlike the recent RFP process to hire a Lobbyist) is not used as an initial selection criterion (we are not allowed to go with "low bid", or even ask for a schedule of fees). The agency assesses the expertise of competing firms by requesting their "Statement of Qualifications", short-lists and interviews them, and selects the most highly qualified firm, then negotiates the final project scope and associated fee. If the agency and most highly qualified firm cannot reach an agreement on project scope, schedule, and budget, the agency then negotiates with the next most highly qualified firm. Once you have moved on to the next firm, you cannot go back to the first firm. This is all completed per RCW. The City of Yakima has its own manual and procedure for "Contracting for Architects and Engineers at the City of Yakima" which reflects state law and is part of our Administrative Code (No. 2-800), to aid Departments in procuring these types of services. To find A/E contractors, the City (as well as 542 other Washington Public Agencies), contracts with the Municipal Research Services Center (MRSC) to utilize their Small Works and Consultant Rosters. Below is a summary of the policy: First, you must identify the fee level of the A/E, as the processes are different for the different levels: 4 Fee Level of A/E • >$1 Million - Requires TYPE I Competition — A structured QBS process and advertisement in the Yakima Herald Republic is required. The City does not use the MRSC Roster for TYPE I Competition, rather we advertise ourselves. • $50,000 to $999,999 - Requires TYPE!!Competition -A minimum of three firms are selected from MRSC's Roster to compete in a QBS Selection. • <$49,999 and under -Requires TYPE III Competition—Solicit qualifications from 1 to 3 firms,or select the most qualified firm directly from the services roster. The Fee Level for the MLK consultant was under $49,999, therefore, a Type III Competition level is to be used. Public Works/Parks previously selected one qualified firm from the Small Works Roster they had worked with in the past and were familiar with, as they were allowed to do. There are currently 45 firms registered on the MRSC Roster under the category "Aquatic Pool Design" (Attachment A), and none of them are located in Yakima County. If it is the Council's desire to offer this solicitation to multiple firms for this phase of the MLK project and do a formal competition, I will help them with this process. If any Council members are aware of local firms wishing to compete, please have them contact me and I will verify if they are on the Small Works Roster (required). If they are not, I am happy to help them get registered. Qualified local vendors can and should be offered this opportunity, though we cannot accept a "low bid". As explained above, we cannot ask for a price until after we have identified the most qualified consultant. Sincerely, 1, 61.4 Sue Ownby Procurement Manager 5 ATTACHMENT A Public Agency Name: City of Yakima Roster Type: Consultant Roster Date: 07/23/2018 Search Method: Search for businesses that meet any of the service requirements chosen Main-Category: Architectural Services Sub-Category: Aquatic Pool Design Business Name City State AEI Williams Group Co. DBA: Covington WA AEIWG Co. ALSC Architects Spokane WA Aquatic Specialty Services, Inc Seattle WA ARC Architects Seattle WA Architects West Coeur d'Alene ID AustinCina Architects, p.s. Tacoma WA Baylis Architects Bellevue WA BCRA, Inc Tacoma WA Blue Marine, LLC Gig Harbor WA Buffalo Design Seattle WA BuildingWork Seattle WA Calvin Jordan Associates, Inc. Bellevue WA Coates Design Inc. Bainbridge Island WA Counsilman-Hunsaker Los Angeles CA dean alan architects pllc Seattle WA DiMella Shaffer Seattle WA ELM Seattle WA Gabbert Architects Planners Shoreline WA Garland/DBS, Inc. Cleveland OH Inter-Fluve, Inc. Hood River OR Johnston Architects pllc Seattle WA Land Expressions Mead WA Land Morphology Seattle WA Lund Opsahl LLC Seattle WA Magellan Architects Redmond WA Merritt Arch PLLC Tacoma WA 6 Michael Terrell Landscape Liberty Lake WA Architecture, PLLC Northwest Aquatic Eco-Systems Tumwater WA Northwest Playground Equipmen Issaquah WA Opsis Architecture LLP Portland OR Orca Pacific, Inc. Auburn WA Patano Studio Architecture Seattle WA Peninsula Urban Forestry, LLC Port Angeles WA Peterson Structural Engineers Tacoma WA Rice Fergus Miller Bremerton WA RMC Architects, PLLC Bellingham WA RSS Architecture, P.C. Woodburn OR S.M. Stemper Architects PLLC Seattle WA Salas O'Brien Seattle WA Sazan Group, Inc. Seattle WA Sitts & Hill Engineers, Inc. Tacoma WA Stantec Spokane WA Steven A. Meek Architects Spokane WA Terracon Consultants, Inc. Mountlake Terrace WA The Greenbusch Group, Inc. Seattle WA Tiscareno Associates Seattle WA . (i.„.„- `' 1 4ti --'401111111, :mot r i , ' ab '. Procurement �' , At the City of Yakima S! CityCounty 4 t ,.,.1._. ti_ \\\ , 1 .,,:), * '.\' \ ‘ ..,••,. ' '- ,..„ 1 11 .tea Jir"' iiIMP _ ` i . - i ,`' ,......emaft YAKIMA COUNTY ,. 40, l �-. r. =.- • COURTHOUSE t' 4 1 'A % k II t I \ -N'... C_ 472 e. ".... Ai 30,4111b d,'',Ow,":„g` 4v - ______144 . ib`'s .0.% Aigt. , „II, - 1 • _ r` r What is the Citybuying ? • MATERIALS, SUPPLIES, EQUIPMENT - Not related to Services, A&E, Construction/Public Work • PUBLIC WORK - Construction, Reconstruction, Maintenance and Repair • ARCHITECT AND ENGINEERING SERVICES • ORDINARY OR "PURCHASED" SERVICES • PROFESSIONAL SERVICES - Not related to A&E • PERSONAL SERVICES - Not related to A&EAlrP Is it for a GRANT? MATERIALS, SUPPLIES, EQUIPMENT - Not related to Services, A&E, Construction/Public Work $ -0- to $4,999 Purchasing involvement not required, because competition not required. $5,000 to $9,999 Purchasing involvement not required. Department obtains oral quotes and retains in file. $10,000 to $49,999 3 Written Quotes (Involve Purchasing) Over $50,000 Formal Sealed Bid or RFP (Involve Purchasing) Per RCW 39.04.190, Purchasing advertises for the "vendor list" procedure enabling quotes to be obtained between $10,000 and $49,999. CONSTRUCTION ( Public Work) $ -0- to $9,999 Competition not required (therefore Purchasing Involvement NOT required). Prevailing Wage and Insurance still required! $10,000 to $34,999 Utilize "limited Public Work" process as described in RCW 39.04.155 (3). Purchasing Involvement Required (See procedure below) $35,000 to $299,999 Utilize "Small Works Roster" process as described in RCW 39.04.155. Contact Engineering at 575- 6112 for assistance. Over $300,000 Must be competitively bid as described in RCW 39.04; 35.22.620. Contact Engineering at 575- 6112 for assistance USING SMALL WORKS ROSTER — For Public Work HOW MANY QUOTES DO I HAVE TO GET WHEN USING THE SMALL WORKS ROSTER - RCW 39.04? • <$10,000 Competition not required, though you still need to obtain the certificate of insurance and pay prevailing wages. • $10K to $34,999 Solicit electronic or written quotations from 3 contractors in applicable category of SWR and work with Purchasing • $35,000 - $150,000 Solicit quotations from 5 contractors in applicable category of SWR and work with Engineering • $150,000 - $300,000 Solicit quotations from ALL contractors in applicable category or solicit from 5 contractors and notify ALL and work with Engineering. >$300,000 Must use Formal Bid Process above Small Works Roster limits (Engineering). Architects & PpucygNo PROCEDURE 'D`t2- 8,0 Engineering CEpURE FpR_ RCW 39.80 contracting fo Iff Architects a r Qualifications Based Procurement at the City o nd Engineers (QBS) Required f Yakima _ _ r Wit' ,, l I 111. J 5 !` ____ Y'e"Y i��'1.2013 ORDINARY OR " PURCHASED " SERVICES • Routine, necessary continuing functions mostly relating to physical activities (building maint, landscaping, weed spraying, etc.) • May also require Prevailing Wages • Requires Insurance • "Services" exempted from bidding per state law • At the City, we DO bid these services through Purchasing, because there is so much competition available. PROFESSIONAL SERVICES - Not related to AVE • Medical, Legal, Consulting, Accounting, Auditing, Real Estate Broker • Requires a Contract, Legal Review, Insurance, and City Manager approval • "Services" exempted from bidding per state law - City Managers discretion to bid (we bid lots of Professional Services) PERSONAL SERVICES • Artistic Designs, Class Instructors, Referees • Requires a Contract, Legal Review, Insurance, and City Manager approval • "Services" exempted from bidding per state law - City Managers discretion to bid. Usually for hiring an individual for a small dollar amount. EQUIPMENT LEASES • Requires a Contract, Legal Review, Insurance, and City Manager approval • State Law silent. Competition obtained when warranted. Department works with Finance on Lease details • Most expensive way to purchase - discouraged. • Renting is different EXCEPTIONS TO BIDDING • Alternative Public Work Processes — GCCM, Design Build, Job Order Contracting • Emergency - Council approves over Bid Limit • Sole Source - Council approves over Bid Limit • Interlocal Procurements per RCW 39.34.030 - Combined bids or Piggybacking (between City/County, averted 90 Bid Processes last year • Purchasing at Auctions, per RCW 30.30.045 OTHER RESPONSIBILITIES • PCard Administration (since 7-2018) • Surplus Property (Excluding Real Estate) • Insurance Tracking for entire city (since 2017) r. r. • Central Receiving for City Hall - .�:� Questions? Call me anytime! Sue Ownby, City/County Procurement Manager 509-576-6695 Sue.Ownby@YakimaWA.gov Approved: =� "It, City of Yakima s r-. Administrative Code 1'1'4,1:N� • e o c•• do ADM 3-500 Yakima County Financial Services City/CountyProcurement Manual � N IFIEL , ith._i s iikti, • toIT i - ., ., ____ \ - . __ 1i. . t„►,►� 71,.....14; 'Al II . - L___mixiir6.- -27-7: _ _ A., pia., YAK MA COUNTY Oit COURTHOUSE Ra 1 Effective July 1, 2018 22 Contents MISSION/VISION/GOALS 3 I. DEFINITIONS 4 II. CITY/COUNTY PURCHASING DIVISION CODE OF ETHICS 6 III. REQUISITION APPROVAL LIMITS AND SIGNATURE AUTHORITY 8 IV. PURCHASE ORDERS 8 V. GRANT&FEDERAL FUNDING 9 VI. CONTROLLED COMMODITIES 9 VII. HOW TO PURCHASE MATERIALS, SUPPLIES, EQUIPMENT 10 VIII. HOW TO PURCHASE CONSTRUCTION (Public Work)ACTIVITIES• 16 IX. HOW TO PURCHASE ARCHITECT AND ENGINEERING SERVICES: 22 X. HOW TO PURCHASE ORDINARY OR"PURCHASED" SERVICES: 22 XI. HOW TO PURCHASE PROFESSIONAL SERVICES• 23 XII. HOW TO PURCHASE PERSONAL SERVICES• 23 XIII. HOW TO LEASE: 24 XIV. HOW TO DECLARE AN EMERGENCY: 25 XV. HOW TO DECLARE A SOLE SOURCE (or Single Source): 27 XVI. DISPOSAL OF SURPLUS PROPERTY 29 XVII.TRADE-INS 30 XVIII. CAYENTA PROCEDURES 30 XIX. FREIGHT 30 Note: Sections in GREEN are specific to the City. Sections in BLUE are specific to the County. All other sections are applicable to both agencies. 2 23 MISSION aillkPurchasing facilitates the timely ta procurement of goods and services to help customers fulfill their missions byproviding ''1ti �� p g cost effective opportunities to purchase quality goods and services at the best value ' while conducting business in a legal, fair, ! open, and competitive manner. GOALS Maintain and expand relationships with r vendors and purchasing organizations, and p� promote fair and equitable opportunities for VISION • vendors. • Use a cooperative, collaborative Educate City and County departments on the approach in understanding customers' services provided by Purchasing and their legal needs while helping to expedite requirements and obligations. • Develop seamless procurement processes and purchasing processes. • Ensure processes are consistent, timely, procedures that comply with each jurisdiction's efficient,seamless, and promote legal legal requirements. • Develop and utilize cost-effective methods for compliance and fiscal responsibility. • Provide easy to use tools and accessible purchasing using best management practices information which allows customers to and technological tools,where appropriate. provide services to the public. • Maximize the efficiency and effectiveness of • Provide services in a professional, administrative policies, internal operations, knowledgeable, and respectful manner. and public information. • Look for opportunities to be innovative • Create and maintain a positive and cooperative and resourceful and to leverage the culture that respects employees, customers and combined purchasing power of the City vendors. and County. • Hire and retain professional,well trained,and • }Ensure public funds are responsibly ` knowledgeable employees. \\`spent in a transparent and fair manner. \\` "QUALITY SERVICE, RESPONSIBLE PUBLIC , , PROCUREMENT" .7?•SERVICE -0 na y o •_ J YAKIMA 3 24 I. DEFINITIONS Acknowledgment--A form used by a vendor to advise a purchaser that his order has been received. It usually implies acceptance of the order. ARO--After receipt of order. As Is--A term indicating that goods offered for sale are without warranty or guarantee. The purchaser has no recourse on the seller for the quality or condition of the goods. Bill of Lading-- A carrier's contract and receipt for goods by which he agrees to transport from one place to another and to deliver to a designated person. Capital Outlay-- Fixed assets of which the value exceeds$5,000 including tax and freight. Cash Discount -- A discount offered to the City/County to encourage payment of an invoice on or before its due date. Change Order-- Purchaser's written authority to the supplier to modify or add to a purchase order. Change orders are created by Purchasing(other than Capital Improvements). Contract—A contract is a legally binding and enforceable agreement between two or more parties stating the terms and conditions for an exchange of something of value (usually money, goods, or services) between the parties. A contract can take many different forms, ranging from major, heavily negotiated written contracts to a simple PO or telephone order for goods or services. Legal/Corporate Counsel should be contacted if there is uncertainty as to the need for a written contract and how to go about it. Only the City Manager of the City of Yakima and the Board of County Commissioners have the authority to sign contracts UNLESS they have delegated their authority over to an individual via approved Resolution. Controlled Commodity--Items which may fall under the quote dollar limit that require approval from designated people, i.e. office products,communication equipment and computer equipment. Emergency Purchases -- Emergency purchases occur when an emergency situation arises that was unforeseen and must be remedied immediately. Expediting--Attempt to reduce the contractually agreed upon delivery time of a product. F.O.B. (Free (or Freight)on Board)--The stated F.O.B. point is usually the location where title to the goods passes from the seller to the buyer. The seller is liable for transportation charges and the risks of loss or damage to the goods up to the point where title passes to the buyer. The buyer is liable for such charges and risks after passing of title. Lead Time -- The period of time from date of ordering to the date of delivery which the buyer must reasonably allow the vendor to prepare goods for shipment. 4 25 Ordinary Services—The furnishing of labor,time,or effort by a contactor or vendor, not involving the delivery of any specific end product, other than reports that are incidental to the required performance or general service work performed such as backhoe, landscape, Janitorial, window washing, repairs to things other than personal property, training, surveys,etc. Packing List--A document which itemizes in detail the contents of a particular package or shipment. Payment Discount--See Cash Discount. Personal Service Contract -- An employment contract with an independent contractor for the rendering of personal services to the City/County. The City Manager/Board of County Commissioners must sign all Personal Service Contracts. Prepaid--Transportation charges that have been or are to be paid at the point of shipment. Professional Service Contract -- An agreement with an independent contractor for the rendering of professional services to the City/County. The City/County does not provide direction to the provider. The City/County states a goal and objective and the provider, under his own direction, accomplishes the goal. Public Work--A project including all work,construction,alteration,repair or improvement other than ordinary maintenance executed at the cost of the City. Request For Proposals -- Similar to the formal bid process, except that factors other than price are used to award the contract. Sealed Bid (Formal Bid}-- An advertised solicitation for a requirement in which the cost exceeds the $50,000 bid limit. The bids are opened during a public opening. Specification -- A clear, complete, and accurate statement of the technical requirements descriptive of a material, an item,or a service. Standardization -- When it is necessary to standardize to one type of item because of uniformity or interchangeable parts issues. Authorization for standardization is obtained from Purchasing. Visible Damage -- Broken cartons, crushed or wet cartons, or markings which indicate that the shipment of goods may have received rough treatment in transit with consequent damage to the contents. 5 26 II. CITY/COUNTY PURCHASING DIVISION CODE OF ETHICS The public must have confidence in the integrity of its government. The purpose of this Code of Ethics is to apply and give guidance to all Purchasing Division employees so that they may conduct themselves in a manner which will be compatible with the best interest of themselves and of the City of Yakima and Yakima County. Proper operation of the City/County Purchasing Division requires that: • Actions of Purchasing Division employees be impartial and fair. ➢ Government decisions and policies be made in the proper channels of government structure. ➢ Public employment not be used for personal gain. • Purchasing Division employees may neither solicit, accept, nor agree to accept any gratuity for themselves, their families or others that results in their personal gain which may affect their impartiality in making decisions on the job. Discounts or concessions realistically available to the general population, items received that do not result in personal gain, and samples to the City/County used for general City/County use are examples of items that are not gratuities. Personal judgment should be used and questions regarding particular problems/events should be referred to the employee's manager. Goals: • To protect and enhance the reputation of the City of Yakima, Yakima County and its em ployees. ➢ To treat all citizens equally with courtesy and impartiality, and refrain from granting any special advantage to any citizen beyond what is available to all citizens. ➢ To give efficient, productive, and economic service to the public. ➢ To avoid real or potential conflicts between private and public duties, remembering that the public interest must be the principal concern. ➢ To keep confidential all information acquired by reason of one's position, which may be used for personal or financial gain for the employee or other persons. ➢ To refrain from securing special privileges or exemptions for one's self or other persons that are not available to all citizens. 6 27 To avoid receiving, soliciting or otherwise obtaining anything of value that is greater than nominal intrinsic value from any other public official, employee or citizen which is intended to influence the performance of official duties. To disclose to the appropriate authority the nature and extent of any financial or personal interest in a City/County contract, legislation, or in any type of transaction involving the City/County,when participating in the development of or wing an official opinion on the matter. Purchasing Division Employees shall: Certify, in writing, that they have read and understand this policy. Non-compliance may result in disciplinary action, per the Civil Service rules at the discretion of City Management. /� , •_ Sue.Ownby@vakirnawa.gov 1CKXC111[[L..ICC�� (9,„74City/County Procurement Manager ty/ ty g 509-576-6695 '' J 4 Mari a.Mavhuet vakimawa.gov Senior Buyer 509-575-6094 (7))/ /dd Lin da.K Lin tzt vakirnawa.gov PurchasingAssistant 509-575-6093 Susan.Knotts@vakirn awa.gov Buyer 2 509-575-6095 N / Christina.P aver Pvakirnawa.gov Buyer 1 509-576-6696 Daniel.VanPelt(cvakirnawa.gov Buyer 2 509-576-6690 7 28 III. REQUISITION APPROVAL LIMITS AND SIGNATURE AUTHORITY See "City of Yakima ADM 2-200" on ICE for Delegation of the City Manager's Authority to approve requisitions(which are routed automatically through Cayenta) and sign contracts. For Yakima County, see the "Current Certification of Auditing Officers and Alternate Auditing Officer for Various County Funds" Department Heads and Division Managers DO NOT have the authority to sign contracts UNLESS the City Council/BOCC has delegated authority over to you via Resolution. Only the City Manager (or his authorized designee)/BOCC has the authority to sign contracts. See Definitions Section "I" to determine what constitutes a "Contract". IV. PURCHASE ORDERS Only Purchasing has the authority to produce and sign official Purchase Orders for the City of Yakima and Yakima County. If you need a hardcopy of a PO for any dollar amount,contact Purchasing and we will print one out,sign it and email it to you. A. WHICH TYPE OF PURCHASE ORDER TO USE (City) There are several different types of PO's. Choose which one is right for you: 1) Direct PO's — Reserved for the use of Equipment Rental & Water Storekeepers, and Purchasing Buyers. Cayenta Buyers do not have the authority to use Direct PO's. 2) Direct Pays—Are to be used only for: a. Subscriptions (e.g. magazine, newspaper, dues,etc. —not software). b. Utility bills (power, sewer,garbage, phone, water,etc.). c. Credit Invoices. d. Employee reimbursement for tools, uniforms, boots, and CDL's. e. Pension Payments NOTE: For unusual circumstances and exceptions,contact the Finance Director. 3) Blanket PO's - Not allowed as of 1/1/18. Blankets do not work in Cayenta as intended. If this changes,we will let you know. 4) Regular PO's (PREFERRED). PR's go through the MLA process and get turned into regular PO's. 5) Reverse Regular PO-A regular PO with the quantity set as the dollar amount and the dollar amount set as "ONE", therefore they are reversed. Partial receiving against the PO may be done as invoices are received throughout the year and your PO will show a remaining balance. MLA is only done once. Funds are encumbered upon PO creation. 6) Do not use a PO when it makes more sense to use a PCard. 8 29 B. COUNTY PO's When creating a PR,select Cayenta Template GSG1OK to route to Purchasing. V. GRANT & FEDERAL FUNDING Are you trying to procure something involving any type of grant or federal funding? STOP! Purchases or Work that have received a grant or federal funding may not be covered by this manual. These types of purchases often have their own procurement requirements. WitA� Contact Purchasing for advice on how to proceed. We will review your specific grant and guide you on what the next steps are. ALL GRANTS ARE DIFFERENT, so one size does not fit all. Some grants simply require you to use your own procurement rules,while others require you to insert their contracting clauses into your contract. When you're ready to enter your requisition, note the type of funding, e.g. Federal/FTA/FAA/COPS/CDBG, etc., in the Subject Field of the requisition, using the project number assigned by Yakima County Financial Services(Public Services assigns their own)/City Finance,in order to ensure that Purchasing is notified and complies with appropriate Federal regulations. Yakima Transit Only: When utilizing LOCAL funds, the manual linked below shall apply. When utilizing Federal Transit Agency(FTA)funding,all procedures shall conform to applicable Federal law,including 49 CFR Part 18 (repealed 12/26/2014), 2 CFR Parts 200 and 1200 and Federal Transit Administration (FTA) Circular 4220.1F, "Third Party Contracting Guidance". Yakima Transit has their own Procurement Manual to use for FTA funded procurements. Click HERE to access Yakima Transit FTA Procurement Manual. VI. CONTROLLED COMMODITIES The following items require approval (NO MATTER WHAT THE DOLLAR AMOUNT) from designated people. They are: ✓ Computers and related equipment, fax machines, printers, scanners and copiers, Cell phones,telephone equipment, pagers,software or systems - IT Manager. • All Fleet Purchases—Fleet& Facilities Manager ➢ Anything Technology Services is requested or required to install, connect, service, maintain or support — Use Technology Procurement Request (TPR) process for these purchases. 9 30 r Anything purchased using Equipment Rental and Revolving (ER&R) funds must be purchased through Public Services. ➢ Furniture, Office Supplies, On-Call Repair Contracts,or anything else on a master contract that Purchasing has let that serves all divisions, applies to both entities. VII. HOW TO PURCHASE MATERIALS, SUPPLIES, EQUIPMENT (Unrelated to Services, A&E or Construction/Public Work) It is the Division Managers/Department Heads responsibility to appoint who shall make purchases for their department on the City/County's behalf under the respective quote limits that do not require Purchasing involvement. Only authorized purchases used to conduct City/County business, consistent with the Cities Strategic Priorities and Counties Priorities of Government, and state and local laws that are within predetermined budgets are allowed. All local governments in Washington are subject to the state's Conflicts of Interest statute (Chapter 42.23 RCW). Generally, municipal officers are prohibited from having financial interests in contracts made by or under the officer's supervision or for the benefit of their office. RCW 42.23.020(2) defines "municipal officer" rather broadly and basically means any city or county employee acting on behalf of the City/County. Violating these rules can bring serious penalties, including monetary fines, nullification of contracts, and possible forfeiture of employment. Common sense can be a good guide in this area of the law, but sometimes gray areas can create confusion and uncertainty. If you are concerned about a specific situation,consult with Legal/Corporate Counsel. A. THRESHOLDS (PER CALENDAR YEAR FOR ONE OR MORE IDENTICAL, SIMILAR OR LIKE ITEMS, AND ITEMS USED IN CONJUNCTION WITH ONE ANOTHER): CITY and COUNTY $ -0- to $4,999 Purchasing involvement not required, because competition not required. $5,000 to $9,999 Purchasing involvement not required. Department obtains oral quotes and retains in file. $10,000 to $49,999 3 Written Quotes (Involve Purchasing) Over$50,000 Formal Sealed Bid or RFP (Involve Purchasing) 10 31 Per RCW 39.04.190, Purchasing advertises for the "vendor list" procedure enabling quotes to be obtained between$10,000 and $49,999. All dollar limits include freight,handling,and set-up cost,plus appropriate sales tax. If there will be a trade-in, the dollar limit is of the gross purchase, not the net purchase after trade-in. Per RCW 36.34.070. County equipment being traded in must have been included as part of the original bid, or it must be offered at auction or other competitive means via Yakima County Financial Services. B. HOW TO REQUEST A VENDOR NUMBER City: Click HERE for a fillable Vendor Number Request form. Fill in the form and provide it to Accounts Payable along with a completed W-9. If the vendor is a City employee there is no need for the W-9 form. County: Click HERE for Yakima County Vendor/Independent Contractor Checklist, fill it out and submit to the Auditor's office. C. PAYMENTS Both ::i_ /County specify where to send an invoice at time of order. .40 17 Notify vendor that the PO number must be on all invoices. All t� e questions regarding payments should be directed to the respective !'it' /County Accounts Payable Divisions. D. PCARD (VISA) A PCard is an alternate way to pay for something. All procurement policies still apply. For City PCard procedures, see Administrative Code 3-400 on ICE. For Yakima County,contact Yakima County Financial Services. E. TRAVEL& REIMBURSEMENT POLICY ADM 1-1900 is available on ICE. F. EMPLOYEE RECOGNITION, BUSINESS MEETINGS&BREAKROOM SUPPLIES POLICY ADM 1-725 is available on ICE. 11 32 G. PROCEDURE TO OBTAIN INFORMAL ($14,444to $49,999) QUOTES (Purchasing involvement required): Department/Division personnel may obtain informal quotes (phone or written) using the Quote Form provided below. DEPARTMENT/DIVISION PERSONNEL DO NOT HAVE THE AUTHORITY TO CONFIRM (PLACE) THE ORDER within this dollar range. This is done by Purchasing after reviewing the quotes, unless purchasing has given you specific written instructions otherwise. If your quote is of a complex nature, let Purchasing obtain the quotes for you to ensure everything is apples-to-apples. 1) Division contacts three vendors for quotations. Be sure technical information defines acceptable quality and insure vendors are quoting on equal and comparable items. All vendors must be provided the same information. If one vendor offers an acceptable alternate, new quotes must be requested, using the alternate specifications. 2) The : is /County will not pay for any technical information from the vendor. If the information is to be shared with other vendors, it must be stated so up front. If you use a vendor's technical information without their approval, you may find yourself in a legal tangle. 3) On-site demonstrations or delivery of preview/trial merchandise should be arranged with the Purchasing Division beforehand. Just because you have received a demonstration of someone's product, does not mean you will be able to buy it. Competition may still be required. 4) Complete the "Quotation Form" linked below. Obtain freight pricing (FOB Destination), if not indicated by vendor. Include vendor contact information in case we need to get a hold of them. 5) Enter a requisition into Cayenta. Use a buyer ID of a Purchasing Division employee or select the proper Cayenta template and indicate recommended vendor on your requisition form. Route Quotation forms to Purchasing. 6) Vendor selection is made by Purchasing on the recommendation of the requesting division personnel, considering price, quality and product availability. 7) Order is confirmed and purchase order is issued by Purchasirig. 8) Quote documentation is attached to purchase order and filed in Purchasing for auditing and document retention. 12 33 (QUOTE FORM IMAGE BELOW. CLICK THIS LINK FOR FILLABLE FORM.) cc; ,::. . ..�-.. ` Pnnr Form �' F.: City of Yakima/Yakima County fy ''p QUOTATION FORM E.nsel ion" uD i47 "•NOT AN ORDER•" Save ACor, The City of Yakima is requesting quotations for the fullowmg nem(s).This quote must be received back by the due by date to be considered.If you have any questions regarding this Due By Date: quote,please contact the Purchasing Department at 15091575-6093. PLEASE REFER TO THIS QUOTE/REQUISTION a ON ALL CORRESPONDENCE Vendor Name. Contact Person: Vendor Address: Telephone Number: Notels1: nem x Quantity Linn Desalptfon Price Each Total �I I FOB Pomt: Sales Tax%: 7b J Sub Total Delivery Date:I Freight Comments: Date I 2.r4/is Prices quoted are firm for.30 Days J Signed By' Prices quoted are to be freight included or firm freight amount Is to be listed.We are not responsible for faxed items not returned on time. H. PROCEDURE FOR FORMAL BIDS or RFP's - Over $49,999 (Purchasing involvement required): Sealed Bids/RFP's are required whenever the cost of materials, supplies, equipment or ordinaryservices exceeds$50,000 Per Article VI.Section 6 of the Yakima City Charter. The City of Yakima is mostly governed by City Charter and Yakima County is mostly governed by RCW 36.32.245. Purchasing must be involved in the formal process and will help you determine whether a Bid or RFP is warranted. Responsibilities for the Bidding/RFP process are shared by Purchasing and the Division. The responsibilities are as follows: 1) Division's Duties in the Bidding/RFP Process 13 34 a. Determine the need. b. Notify the Finance Department regarding any budget transfers to cover funding. c. Complete Cayenta requisition using buyer ID of Purchasing Division employee,or select proper Cayenta Template. FOR AUDIT: Purchasing may allow you to place the order yourselves, once the contract has been set up(If you don't receive this instruction,assume Purchasing must place the order). Notate in the Subject Field of the header section of the PR,the name and number of the contract that you are using, i.e.bid number,sole source, and verify that the vendor is charging you the correct price. Not identifying which existing contract the item(s) are covered under will result in an Improper Purchase Procedure form being sent to your Department Head. d. Route technical specifications as well as a list of potential vendors to Purchasing. (Do not re-type or change our BID/RFP boilerplate...it makes us cranky.) e. Perform final review of technical specifications and be prepared to answer technical questions from vendors. Any information that needs to be disseminated to all vendors shall be done as an addendum issued by Purchasing. If applicable,attend pre-bid conference and answer technical questions. f. AWARD: After bids have been opened,recommend award on form provided. Bid must be awarded for the most responsive bid from a responsible bidder. If recommendation for award is being made to anyone other than the low bidder, attach memo stating specific reasons why the low bid is not acceptable. RFP's are awarded to the vendor who scored the most points on predetermined criteria. Don't reveal status of your recommendation to the vendor. Refer vendors with questions to Purchasing. g. POOR PERFORMANCE? When things go wrong, don't remain silent! Contact Purchasing and let us remedy the problem. Remember to DOCUMENT, DOCUMENT, li �� aJli.r' ='��Ti Even if you have had on-going problems with a vendor, we will have a very hard time canceling a contract or not awarding them a new contract, unless we have proper documentation of the problem. 2) Purchasing's Duties in the Bidding Process a. Receive technical specifications from division. b. Assemble bid package and check for legalities. c. Route to division for final review. 14 35 d. Arrange pre-bid conference, if necessary to invite contractors to discuss bid requirements. e. Establish bid opening date and place ad in newspaper. f. Distribute bid packages to vendors and maintain accurate vendor records. g. Conduct bid opening with Clerk. h. Tabulate bids and verify responsiveness. i. Review recommendation of award. j. If Purchasing agrees with division's recommendation, bid is routed to City Manager/Board of County Commissioners for approval. k. Place the order. I. Administer bid for the life of the contract, i.e. price increases, lapses in insurance coverage, bonding, prevailing wage,etc. 3) SPLITTING UP ITEMS TO AVOID A BID? NOT LEGAL! a. Issuing several PO's under the dollar limit to avoid bidding is against state law. b. Combine the total of foreseen identical items purchased at the same time or similar items (or items that are used together) within a calendar years' time, in which the cost exceeds competition limits or when it is determined by Purchasing that volume discounts can be obtained by combining i_ /County-wide usage(i.e. office supplies, laundry services,janitorial paper products, etc.) 4) ALTERNATIVES TO BIDDING: a. Inter-Governmental Cooperative Purchases (Purchasing ROCKS at this!) RCW 39.34.030 permits governmental agencies to utilize other entities' contracts without going to bid. Contact Purchasing to determine if interlocal purchasing is feasible for your division's particular need. The following criteria must first be 01104111V met: ➢ There must be an Interlocal Agreement, approved by Council, or BOCC and signed by both parties, on file in Purchasing. ➢ It must be a current contract with interlocal language included. 15 36 ➢ It must have been advertised on the entity's web page and competitively bid. ➢ The government entity,and the vendor,must be willing to share their contract pricing. ➢ A complete copy of the contract must have been reviewed by Purchasing. Purchasing will set up a bid file and track as if it were our own bid process. ➢ If one-time purchase, Purchasing will place the order. If ongoing, Department may request permission to order themselves. b. Purchases at Auctions, per RCW 39.30.045 c. An Emergency has been declared (see Section XIII) d. Alternative Public Work Processes (E.G. GCCM, Design Build, JOC). See Engineering/Public Services for more information. e. Sole Source (see Section XI) VIII. HOW TO PURCHASE CONSTRUCTION (Public Work) ACTIVITIES: (CITY ONLY, since purchasing does not administer construction activities for the County...but the following reflects State Law, so County folk, feel free to read) - Dollar thresholds of when competition is required are summarized below. It is the Division Managers/Department Heads responsibility to appoint who shall order work for their department on the City behalf under the respective quote limits. Is it Maintenance or Repair? 1) Maintenance is defined as keeping existing facilities and components in good, usable,operational condition. 2) Repair fixes facilities or parts/components that are already broken and is always a public work A. "LIMITED PUBLIC WORK" Is your project between$10,000 and $34,999? The City uses a streamlined process for work within this dollar range, as allowed by RCW 39.04.155. Contact Purchasing first! We may have an on-call bid that any department can use, saving you time and money. 16 37 Purchasing involvement is required for "Limited Public Work". B. THRESHOLDS for Public Works (This is State Law): TEL $-0- to $9,999 Competition not required (therefore Purchasing Involvement NOT required). Prevailing Wage and Insurance still required! $10,000 to $34,999 Utilize"Limited Public Work" process as described in RCW 39.04.155 (3). Purchasing Involvement Required (See procedure below) $35,000 to $299,999 Utilize "Small Works Roster" process as described in RCW 39.04.155. Contact Engineering at 575- 6112 for assistance. Over$300,000 Must be competitively bid as described in RCW 39.04; 35.22.620. Contact Engineering at 575- 6112 for assistance COUNTY City Purchasing has no involvement in Construction activities for Yakima County. Consult Yakima County Resolution 594-2007 for further information. C. HOW MANY QUOTES DO I HAVE TO GET WHEN USING THE SMALL WORKS ROSTER—RCW 39.04? <$10,000 Competition not required,though you still need to obtain the certificate of insurance and pay prevailing wages. $10K to$34,999 Solicit electronic or written quotations from 3 contractors in applicable category of SWR 17 38 • $35,000-$150,000 Solicit electronic or written quotations from 5 contractors in applicable category of SWR. • $150,000-$300,000 Solicit electronic or written quotations from ALL contractors in applicable category or solicit from 5 contractors and notify ALL. • >$300,000 Must use Formal Bid Process above Small Works Roster limits CLICK HERE FOR MRSC'S"Small Works Roster: A guide for Washington's Local Governments". D. PROCEDURE FOR"LIMITED PUBLIC WORK" per RC«' 39.04.155(3) - $10,000 to $34,999 Purchasing Involvement Required. Contact Purchasing first! We may have an on-call contract you can use. • For Limited Public Work($10K to$34,999K),it is no longer possible to just meet contractors at your work site,give then the run-down on what you need done and ask for quotes. State Law has changed such that now the Contractors must be handed a packet of information ahead of time with requirements about Responsible Bidder's Criteria, Prevailing wage, Insurance, and some general protective clauses. o Click HERE to download a packet that is ready to be given to the contractors so that they can fill out this information and return it to you with their quote. Click HERE for an Insurance Sample and HERE for the E- Verify Declaration. • Department utilizes Small Works Roster at www.mrscrosters.org to obtain vendor list(obtain sign in and password from Purchasing). • Department solicits at least 3 informal bids (can notify all on roster). • Department routes requisition and paperwork through Purchasing for confirmation. • No advertisement required. • Bid Bonds Optional. • Payment/Performance Bonds Can Be Waived. • Retainage Can Be Waived. • Prevailing Wage Intents/Affidavits required. • Insurance required. 18 39 E. DISADVANTAGED AND MINORITY VENDORS (CITY ONLY) In June 1983, Council passed Resolution No. D-4816, Women and Minority Business Enterprise Policy. It is the policy of the City of Yakima that women and minority business enterprises shall have the maximum opportunity to participate in the performance of work relating to the City's activities. To this end, the City is committed to take all necessary and reasonable steps in accordance with state and federal rules and regulations to ensure women and minority business enterprises are given the maximum opportunity to compete for and to perform contracts. Yakima Transit updated its DBE Goal October 2016. The entire Program and Goal Methodology can be viewed online HERE. Click on Services/Purchasing/Disadvantaged Business Enterprise Program. F. INSURANCE/LICENSES/PREVAILING WAGES When hiring anybody to do anything for the City, there are five requirements that need to be met. AG,p1311. GERt1fIGAT ;O.s SdBe p eorctpgul icho gg8 FayVA 22032-- co- 1. Certificates of Insurance sr.a"--r—true— AscBefore any contractor is allowed to work on City acon i 2 stz s ' property (no matter the dollar amount of the work), contact Purchasing to determine if a Certificate of Insurance is required. If required, the contractor must furnish the City with a Certificate of Insurance,naming the City of Yakima as primary&noncontributory additional insureds with an additional attached endorsement. Click HERE for $2million commercial/$2million auto sample(City),and HERE for a $5million commercial/$2million auto sample (County) Certificates of Insurance are a complex issue, so please contact Purchasing! We will happily discuss Insurance Requirements and what the limits of coverage should be, according to how much risk is involved (Insurance requirements are determined by the City Legal Department). Purchasing now tracks ALL certificates of insurance that the city receives. 2. Responsibility Criteria for Contractors: a. Washington State Contractor's License/Federal Registration—It is unlawful for the City to hire anyone to do construction work on our property that does not have a valid State of Washington Contractor's License - Period. If someone is not properly licensed, DO NOT HIRE THEM. You may look up a Contractor, Electrician or Plumber at: https:I/fortress.wa.govllni/bbipl 19 40 b. Department of Revenue Business Records Database: https://secure.dor.wa.gov/gteunauth/ / c. Verify Workers' comp Premium Status: https://fortress.wa.gov/Ini/crpsi/ d. Check for debarment: State of Washington https://secure.Ini.wa.gov/debarandstrike/ContractorDebarList.aspx Federal Debarment: It is unlawful to hire any firm to do business with the City/County that is not registered and in good standing with the US Government. You can check the status of an entity so see if they have been debarred at www.sam.gov. Print out the resulting page(even if no records were found)and file it with your paperwork for audit. ...or call Purchasing and we will look them up for you. 3. City of Yakima Business License A City of Yakima Business License is also required for any business working inside the City limits. The vendor may contact the Building Permits Division at 575-6121 for more information or click this LINK. 4. Prevailing Wage Requirements Chapter 39.12 RCW is the Washington State Public Works Act, also known as the Prevailing Wage Law. This law requires that workers be paid certain hourly wages for all public work and public service maintenance contracts, NO MATTER WHAT THE DOLLAR AMOUNT! Click HERE for the State's booklet on Prevailing Wage. PEEMEL[Hg This Prevailing Wage law was enacted to protect the employees of contractors performing public works construction/maintenance from substandard earnings,and to preserve local wage standards. The Department of Labor and Industries administers the law; the Attorney General prosecutes violators; and the State Auditor ascertains if our policies, practices and procedures meet the requirements of the law. Owner/Operators that do not have any employees do not need to pay themselves prevailing wages, however, they do still need to file Intents and Affidavits with the Department of Labor and Industries and list in section 3 of the form that they are Owner/Operator. 20 41 EXAMPLES Public Work is all work,construction,alteration, repair or improvement that the City has performed. It includes,but is not limited to: • Demolition ➢ Remodeling • Renovation • Painting ➢ Road Construction • Utilities Construction ➢ Offsite prefabrication of ducts, liners &steel products for Public Work • Production & delivery of gravel, rock, concrete & asphalt (to a construction site (not to a stockpile) Any worker, laborer or mechanic performing public work must be paid prevailing wages. It does not usually apply to work that is clerical, executive,administrative or professional (grant funded projects may be an exception). DIVISION RESPONSIBILITIES TO ENSURE PREVAILING WAGE LAW IS FOLLOWED: 1) Prior to Getting an Estimate or a Quote — Notify vendor that they are to pay prevailing wages. More information may be obtained by the vendor from the Department of Labor and Industries (see link to booklet above). They may also contact Purchasing at 509 575-6093 and we will provide them with a copy of the most recent wage rates listing for Yakima County. The list can also be obtained online at: www.lni.wa.gov/TradesLicensing/default.asp 2) After a Vendor has been selected—The vendor is required to file a "Statement of Intent to Pay Prevailing Wages" with the Department of Labor and Industries PRIOR TO STARTING WORK. Most vendors file online at: http://www.Ini.wa.gov/TradesLicensing/PrevWage/default.asp There is a $40 fee that the Vendor will have to Pay L & I, and the completed Intents are also available online. Note: The vendor must insert the City Purchase Order number in the contract number box on the Statement form. 3) After the work is completed—The vendor must also file an "Affidavit of Wages Paid"with the Department of Labor and Industries. There is another$40 fee that the Vendor will have to pay to L & I (L & I has waived this for work >$750.00), 21 42 and completed Affidavits are also available online. Note: The vendor must insert the City Purchase Order number in the contract number box on the Statement form. Final Payment must not be released until certified intents and affidavits have been received. Call Purchasing if you need help looking them up. 4) PREVAILING WAGES FOR PROJECTS UNDER$2,500 The City of Yakima has signed up with the Department of Labor and Industries to administer the intents and affidavits ourselves, for projects under $2,500 (including tax). There is no filing fee to the vendor. Purchasing will collect and file the combined intent and affidavit forms for the City. 5) FOR PROJECTS BETWEEN$10,000 and$35,000 Purchasing will take care of all the above requirements utilizing the "Limited Public Works" process, per RCW 39.04.155(3). IX. HOW TO PURCHASE ARCHITECT AND ENGINEERING SERVICES: A & E's are hired following the rules in RCW 39.80. City Departments must follow the "Contracting for Architects and Engineers Manual"available on Purchasing's ICE page. County Departments must follow Board of County Commissioners Resolution 531-2007 (Policy Regulation No. 28-B)to procure the services of an A& E. X. HOW TO PURCHASE ORDINARY OR "PURCHASED" SERVICES: "Ordinary/Purchased Services" are those provided by vendors for routine, necessary and continuing functions of a local agency, mostly relating to physical activities. Ordinary services are usually bid through Purchasing, because there is so much competition available. There are lots of ordinary services that require prevailing wages--Check with Purchasing. ➢ Repetitive, routine, or mechanical in nature;—following established or standardized procedures o Contribute to the day-to-day business operations o Completion of assigned and specific tasks. o Decision-making is routine or perfunctory in nature o May require payment of prevailing wages 22 43 ➢ Examples include: o Delivery/courier service o Landscaping o Building maintenance (janitorial) o Herbicide application service o Recycling/disposal/litter pickup service o Vehicle inspection,lubricating and repair services o HVAC system maintenance service (without repair) XI. HOW TO PURCHASE PROFESSIONAL SERVICES: "Professional Service Contract" means an agreement with an independent contractor for providing professional services to the City. The City/County does not provide direction to the provider other than the circumstances that are stated in the terms of the contract. There is not a state law requiring Professional Service Contracts over$50,000 to be bid, however it is the City Manager's and the BOCC's discretion to direct Professional Services to be bid/quote through Purchasing when the total cost in a calendar years' time exceeds$50,000. The Legal Department must review and the City Manager/Board of Commissioners must sign all Professional Service Contracts, regardless of dollar amount. Examples: ➢ Medical and Dental ➢ Legal Services ➢ Management Consulting ➢ Accounting and Auditing ➢ Real Estate Broker XII. HOW TO PURCHASE PERSONAL SERVICES: A "Personal Service Contract" is an employment contract with an independent contractor for providing personal services to the City/County. Personal Service means hiring a consultant to provide professional or technical expertise to accomplish a specific study, project, task or other work statement according to RCW 39.29.006. It is the City Manager's and the BOCC's discretion to direct Professional Services to be bid/quote through Purchasing when the total cost in a calendar years' time exceeds$50,000. 23 44 The Legal Department must review and the City Manager/Board of Commissioners must sign all Personal Service Contracts, regardless of dollar amount. Examples; G Artistic Designs y`T� ➢ Class Instructions for Parks Division Activities Referees XIII. HOW TO LEASE: 1. County: All leases must be reviewed by the Yakima County Treasurer and the Financial Services Department. Since leases are debt, a lot of leases have hidden interest rates that are large and need to be reviewed prior to being adopted by the BOCC. All leases over$10,000 must be obtained competitively following quote and bid limits per Section IV, per RCW 36.32.253. 2. City: Bids are not required on equipment leases, however Legal must review and the City Manager must approve all equipment leases. Leasing is usually the most expensive way to finance a purchase. Contact Finance to see if an "Internal Lease Option" will allow you to achieve a reduced monthly payment. a. Legal Review—Send to Legal for review. b. Fiscal Approval - Review proposals with the Finance Dept. prior to budgeting the expense. Lease-to-own purchases are to be budgeted and accounted for as if the total expense is to be incurred when the item is purchased. c. Lease Approval - City Manager must approve all Equipment Leases and may opt to send lease to Council for approval if he so desires. d. To exercise the purchase option of a lease, route to the City Manager for approval. 3. Lease vs.Rent: Leasing is generally used for mid to long-term contracts. Renting is usually a short-term solution that is more casual. If you are confused on if you need a contract, contact Legal/Corporate Counsel. 24 45 XIV. HOW TO DECLARE AN EMERGENCY: Emergency situations are basically a single source and must follow the procedures below. The city must follow fiscal approval limits as set forth in ADM Policy 2-200. What to do in an When a true "Disaster" is declared, refer to Yakima Municipal Code Chapter Emergency 6.06.010. Yakima County has it's own policy that can be obtained from the Commissioner's Office. Emergency purchases occur when an emergency situation arises that was unforeseen and must be remedied immediately. Examples: Acts of God, (i.e. flood damage); machinery that is critical to the operation of the City/County and rendered out of service A. County: Follow guidelines, as spelled out in Resolution No. 328-2006 B. City procedure to obtain an Emergency Purchase Order: 1. Division recognizes an emergency situation has developed. a) Division estimates cost to correct the emergency. b) Division identifies potential vendor to perform service/supply materials. (DON'T FORGET PREVAILING WAGES AND INSURANCE...they still apply!) 2. Division staff obtains appropriate verbal approval from Division Manager and/or Department Director. 3. Division initiates remedy to emergency (contacting vendor). 4. Division contacts Purchasing the next business day to obtain a preliminary "Emergency Purchase Order Number" and initiates the "Emergency Purchase Order Justification form" after-the-fact(image included on next page). a) The form will require the vendor name, reason for emergency, materials required, anticipated costs. Route for Signatures. 5. Division Requisitioner enters requisition into CAYENTA system, with the words "Emergency PO NO. " in the PR Subject Field (failure to do this will result in a "Improper Purchase Procedure" sent to your Division Manager, since the person auditing will not know if this was an approved purchase). Contact Purchasing to give them the Requisition number. 25 46 6. Once Emergency PO Justification form is fully signed,return to Purchasing for logging and safekeeping. 7. Emergencies over$50,000 must be approved by City Council via Resolution. NOTE: Division Managers will receive an annual report to review emergency purchase requests received from their division. (EMERGENCY FORM BELOW. CLICK THIS LINK FOR FILLABLE FORM.) City of Yakima Emergency Purchase Order Justification Reauestor Name: I Your Department'Division: Reauestor Phone: Requisition(PR)Number: Requested Vendor: Cost Estimate(incl.TAX): Vendor's Address: Vendor E-Mail: Vendor Contact Name: Vendor Phone: 1. What is the emergency situation? Describe damages or loss of property or essential services that are/may be a result of this ernergency. (Attach extra sheet if necessary.) 2. What labor and/or materials are required? Attach a copy of your quote or estimate. 3. Did vendor quote prevailing wages,if applicable(e.g_repairs,construction,maintenance)? Yes❑ No❑, 4. Was vendor informed of the Intent and Affidavit filing requirements vdh L&I? Yes❑ No El 5. Does vendor have a current certificate of insurance on file with the City? Check ICE: htto://citvi celpurchasina/contractor-list/ Yes n No STATEMENT OF NEED: My dvision's recommendation for an emergency purchase order and waver of the quote or bid regtirements is based goon an otyechve review d the emergency situation and appears to be in the best interest of the City. I uonkiatind that if this purchase is over$24,999,or if any change orders to this purchase increase the amount to $25,000 or over,that ot,division must irriate and prepare necessary information(Resotuton)to advise City Council that Nero eery an emergency situation rewiring innediate.action 1. Mare of Division Manager Hate 2. Smanrt d e of Denament Head Date 3. !> Impendatic-of App vial by P.achasing Manager Date 4. Approval by City Manager Date Please complete entire form and forward to Purchasing. Purchasing will forward to the City Manager for final approval. 26 47 XV. HOW TO DECLARE A SOLE SOURCE (or Single Source): PURCHASING INVOLVEMENT REQUIRED. On a case by case basis, the bid or quote requirement may be waived and a sole/single source purchase approved, in accordance with RCW 39.04.280. There should be careful deliberation before going to a sole/single source as this type of purchase eliminates competition and tends to drive prices up. Authority to Approve Sole/Single Source Purchases City Manager/BOCC Over$10,000 to$49,999 City Council/BOCC Over$50,000 A sole source is where there is only ONE supplier of the product or service. A single source is where the vendor is "one vendor amongst others", when other competitive sources may be available. A sole/single source purchase may be approved if one or more of the following conditions are met: 1. Standardization or compatibility to existing City/County standard or to existing equipment, inventory, systems, data, programs or service. 2. Licensed or patented product with only one dealer (and the license or patent is paramount to your procurement). 3. Only authorized Service Provider, Repair and/or Warranty Services, e.g. warranty may be negated if you let someone else work on it. 4. Unique design: Requires unique features that are essential, aesthetic requirements, or not practical to match to existing design or equipment. Document the unique specifications that are needed, which will drive the research in finding a product that fits the specific needs of your department. 5. Special Market conditions: Can be used to purchase items at auction (RCW 39.30.045) or other items that are offered at a very favorable price and will be sold before an entity will have a chance to complete the bidding process (e.g. a flood is coming and you must obtain sandbags immediately) or perhaps funds must be expended immediately,or there is a critical delivery date. 27 48 NOTE: Any sole/single source utilizing Federal Grant money must also include 1) Written responsibility determination for the successful contractor and;2) Basis for contract price(Cost Price Analysis—Click HERE for form). Each Grantee must evaluate and state its justification for the contract cost or price. A. Procedure to obtain sole source purchase approval: 1. Call Purchasing first to discuss. Purchasing can often offer alternatives to sole/single sourcing,e.g. piggybacking contracts,etc. 2. Fill out the Sole/Single Source Justification Form (below) and forward to Purchasing for recommendation. If time allows, Purchasing will publish a "Notice of Intent to Sole/Single Source" in the Yakima Herald Republic and online for both the City and the County, following their same respective rules for advertising bids. Council approves over $50,000)/Board of County Commissioners approves over$10,000. 3. Enter a requisition into Cayenta and use a buyer ID of a Purchasing Division employee or select the proper Cayenta template. State "sole/single source" in the Subject Field of the Purchase Requisition (PR). 4. City: If over$50,000 Division initiates a Resolution, supported by the necessary information justifying a sole/single source exists and routes to the Legal Department. Department attaches Sole Source Justification Form to Resolution and uploads into NOVUS. 5. County: Department routes Sole/Single Source Form/Resolution to Purchasing. Purchasing will prepare the Agenda Request Form, obtain Corporate Counsel "approved to form" signature and route to BOCC for approval. 6. Once approved, Purchasing will place the order, unless Purchasing has given written permission for the division to order it themselves. (SOLE/SINGLE SOURCE FORM IMAGE BELOW. CLICK THIS LINK FOR FILLABLE FORM.) 28 49 City of Yakima/Yakima County • SOLE/SINGLE SOURCE JUSTIFICATION MI' Special Market conditions:Can be used to purchase items al auction(RCW 39.30-045)or other items Revised January 2018 that are offered at a very favorable price and will be sold before and net will have a chance to complete the bidding process(e.g.a flood is corning and you must obtain sandbags immediately),or only one supplier can meet required delivery date(describe why the delivery date is crass'and list efforts to find other suppliers to meet the delivery date). 7 Other Please Describe Your Name Your Department/Division Your Phone Requisition Number Requested Vendor Cost Estimate(Including TAX) • 3. isthis product/service available only through one vendor? ('YES C NO Vendors Address Vendor a-mai If yes,attach docranentaticn that supports the screening process you performed to confirm(e.g.Internet SneennMd,etc.) City,State a Zip 8 Webste Venda Contact Name Vendor Prone 4. Is this a one-time purchase? r YES C NO 1. ARE FEDERAL FUNDS BEING USED? r YES f NO If NO,explain. U Federal Funds are Bing used,a Cost Price Analysis,prior to requesting Sole Source,MUST also be attached.(See City/County Purchasing Manual for form). 2. What are you purchasing?Describe product,service or system.Attach all information(Quotes,etc.). 5. Why is this a sole source vendor? hell the story). "'Below are eligible reasons for sole source.Check all boxes below that apply to your sole 6. What efforts were made to assure the City/County is receiving the lowest or best price possible? source situation and attach any useful documents to justify the sole source.List who you Describe and attach a document showing due diligence. contacted,what they said and how you verified their accuracy. ❑ Compatibility/Standardization to existing City/County standard or to existing equipment, inventory,systems,data,programs or service.Describe.List efforts to find other sources(attach documentation,e.g.Internet Screenshots,etc.). Patented ProducL Attach documentation to confine propriety(patent letter,etc.)and describe why the STATEMENT OF HEED/CONFLICTmndsole sourceF INTEREST (] patentedce b y d r and a pears to for in th st.t based upon an objectivenI knreow of the good/o trier features are critical to your operation_ n9 requiredappears be in the best Merest of the City/County.I know of no conflict of merest on my part or personal involvement in any way with this request.No gratuities,favor,or compromising ❑ Only Authorized Service Provider,Repair and/or Warranty Services.Attach proof in writing from the action have taken place.Neither has my personal familiarity with particular brands,types of equipment, MANUFACTURER(not the vendor)confirming them is only one dealer authorized to selUservice in our materials or firms been a deciding influence on my request to sole souse this purchase when there are area, other known suppliers to exist 7 Unique design:Requires unique features that am essential,aesthetic requirements,or not possible to match to existing design or equipment.Document the unique specifications that are needed which drove Signature of Requester Date the research in finding a product that fits the specific needs of your deparbnent Explain why these features are critical to your operation. Signature of Division Manager Date Signature of Department Head Date Signature of approval by Is written certification attached? ('YES ('NO Purchasing Manager Date Approval by Executive Date veaan,ad,a that Rum I Page,of Please complete entire form and forward to Purchasing. XVI. DISPOSAL OF SURPLUS PROPERTY The City and the County both have separate Surplus Property Policies. Refer to Disposal of Surplus Property Policy available in the Administrative Code Book, Policy No. 3-100 for the City and Resolution No. 443-2014 for the County. City Contact: Dan Van Pelt, (509)576-6690 Daniel.VanPelt@yakimawa.gov County Contact: Stephanie Alvarado,(509)574 1504 Stephanie.Alvarado@co.yakima.wa.us 29 50 XVII. TRADE-INS City: Trade-Ins are allowed on new purchases if approved by Purchasing in advance. Trade-Ins must be negotiated, documented at "Fair Market Value" by the Division, and declared surplus ahead of time (through Purchasing) by the City Manager if under$15,000 and City Council if over$15,000. County: Per RCW 36.34.070, County equipment being traded in must have been included as of the original bid, or it must be offered at auction or other competitive means via Yakima County Financial Services. Fair Market Value can be obtained by finding comparable units that have been sold at online auctions, e.g. www.publicsurplus.com, www.Ebay.com , www.rockanddirt.com, www.ironplanet.com or other online sources such as Edmonds.com, Kelley Blue Book, or NADA. www.govdeals.com is a good place to find auction results for comparables. Trade-Ins may also be requested ahead of time in the Bid Specifications as a "Guaranteed Buy Back". Work with Purchasing if you would like to consider this option. XVIII. CAYENTA PROCEDURES City employees can visit ICE on the intra net to view Cayenta Procedures. County employees may go to the County Intranet to view the County Cayenta Procedure Manual. XIX. FREIGHT FOB Shipping Point Title Transfer 1. Shipping Terms ISeller > Buyer's Goods >I Buyer Whenever you are shipping an item that will incur freight charges,always FOB Destination request that it be shipped FOB Title Transfer destination, freight prepaid. What I Seller -.> Seller's Goods >I Buyer this means is that the vendor you ordered the merchandise from owns it until it reaches your door and there won't be a separate invoice for freight. If anything should happen to the merchandise during 30 51 shipping, the vendor (not the City/County ) is responsible for filing the claims with the carrier. FOB determines at what point the ownership transfers. If an item is FOB origin, the City/County owns the merchandise from the point of shipping while it is in transit. Freight prepaid or collect refers to who is responsible for paying shipping charges - the City/County or the seller. 2. Receiving Freight It is the responsibility of the individual who signs for UPS or carrier's delivery receipt to properly receive all cartons they are signing for. Anyone who accepts and signs for receipt of goods, acknowledges that the item was received and accepted as delivered. a. Get what you sign for 1) Confirm the package or carton is being delivered to the proper location. 2) Verify the number of cartons, crates or pieces is correct according to quantities on the packing slip. 3) Sign the delivery slip legibly so that when you call Purchasing two weeks later and claim you haven't received the package, we can track you down! 4) Open packages and verify order is correct. 3. Damaged Cartons a. Visible Damage Any person receiving freight must make a notation on the carrier's delivery receipt of apparent damage to packages. State the specific type of damage on the delivery receipt and obtain the driver's signature (not just initials) on your copy of the receipt. b. Concealed Damage If the shipment of goods received showed no sign of damage upon receipt, but damage to the contents is found upon opening, concealed damage exists. 1) Call the carrier immediately upon discovery of the damage and request an inspection. Notate the date and the person contacted. 2) Notify the vendor to file a claim. 3) All shipping cartons should be retained for inspection on any (` G- damage. 31 52 4) When making a request for an inspection, advise the carrier whenever possible what the value of the damaged goods is. If the value is less than $50.00, most carriers will frequently waive inspection. Indicate person contacted on the claim form. 5) When an inspection is made, specific damages should be notated by both parties and signed by both on the inspection report. Send report to vendor. 32 53 ADM 2-Soo POLICY AND PROCEDURE FOR: Contracting for Architects and Engineers at the City of Yakima imiii --- e . 1: . _ -- _ - \ ' Ill l l l ii ___ I I I-__I_ I_ I 1 bitAi,!Illil f,.li .4 L 111111. ruvy,'L` .e. 1 ,..„ ccd,:... .,. ,i +fit, ,I,•• Fv IF"- NNh :'"I'rR-A11_,, A, tNN� ..,--- ...* / New Policy effective December 9, 2013 Page 1 54 Table of Contents 1. Purpose 3 2. Definitions 4 A&E Professional Services 4 Personal Services 4 Purchased Services 4 Qualifications-Based-Selection (QBS) 5 Consultant 5 Services Roster 5 RFQs SOQs, RFPs and ITBs for Services 6 Public Works 6 Emergency 6 Levels of Competitive Solicitation 6 Sole Source Service Provider 6 3. The Statute 8 4. Identify Fee Level of Competition Summary 11 5. Procedures 12 Type I Competition Over$1 Million 12 Type II Competition Between$50,000 and$999,999 15 Type III Competition Under$49,999 19 6. Change Orders(Applies to all limits) 23 7. Template Attachments 24 ATTACHMENT A—A/E SOQ Te m plate 25 ATTACHMENT B—Consultant Interview Invitation 28 ATTACHMENT C—Thank You Letter 28 ATTACHMENT D—Cover Memo to Selection Committee 29 ATTACHMENT E—Confidentiality/Conflict of Interest Member Agreement 31 ATTACHMENT F—Score Sheet 32 ATTACHMENT G—References Script 33 ATTACHMENT H—Selection Committee Award Recommendation 35 ATTACHMENT I—Professional Services Agreement Template 37 ATTACHMENT J—Certificate of Insurance Sample 52 Page 2 55 1. Purpose Why: The City Manager desires a uniform process at the City of Yakima for contracting Architect and Engineering (A/E)Services that is in compliance with State and Federal laws. This manual may be revised as needed by the City Manager. Who: This policy applies to all divisions. Henceforth, no A/E contracts shall go before the Yakima City Council for approval unless they have followed this policy (ADM 2-800). Exclusions: Non-A/E professional service, personal service,or purchased services are not included in this policy, but are described in the definitions so you can identify the difference. How is A/E different?: The main difference between contracting for A/E service and other services is that you cannot ask for fees or costs in the request for Statement of Qualifications (SOQ). You must choose an A/E based on qualifications first and then negotiate cost with the most qualified firm. This is called "Qualifications Based Selection",or(QBS). A/E Using Local Funds: All local governments of the State of Washington must follow Revised Code of Washington (RCW) 39.80 for procuring A/E professional services. See"The Statutes"section for Chapter 39.80, RCW with the exception of procuring A/E services with federal funds. A/E Using Federal Funds: Procurement of A/E services with federal funds is governed by the Brooks Act (Public Law 92-582), (See 40 U.S.C. 1101-1104 and 49 U.S.C. 325 (b), as described in the Washington State LAG manual which can viewed by clicking the link or at: http://www.wsdot.wa.gov/localprograms/LAG/. Other grant funded A/E shall be governed by the requirements as set forth in the grant. Page 3 56 2. Definitions [Adapted from MRSC Publication Contracting for Services Guidelines for Local Governments in Washington State, November2013J A. A&E Professional Services Professional services rendered by any person, other than as an employee of the agency, contracting to perform activities within the scope of the general definition of professional practice in Chapters 18.08 (Architects), 18.43 (Engineers and Land Surveyors), or 18.96 (Landscape Architects) RCW. RCW 39.80.020(5). • Services are procured using the qualifications based selection (QBS) requirements in Chapter 39.80 RCW. • These services may reasonably be required in connection with a public works project meeting the definition in RCW 39.04.010(4). • Licenses or certification by State agencies are required. Examples include: • Architectural blueprints. • Road design. • Sewer and water system design. B. Personal Services Technical expertise provided by a consultant to accomplish a specific study, project, task, or other work statement. • Personal services do not include purchased services or professional services procured using the competitive selection requirements in Chapter 39.80 RCW(A&E). • These services may or may not reasonably be required in connection with a public works project meeting the definition in RCW 39.04.010(4). • Activity or product is mostly intellectual in nature. • Licenses or certification by State agencies may or may not be required, depending on the type of personal service required.. Examples include: • Meeting facilitation • Public outreach coordination • Strategic planning development • Economic development study • Rate setting study C. Purchased Services Purchased services are those provided by vendors for routine, necessary and continuing functions of a local agency, mostly relating to physical activities. Page 4 57 • Repetitive, routine, or mechanical in nature; — following established or standardized procedures —contribute to the day-to-day business operations —completion of an assigned and specific tasks. —decision-making is routine or perfunctory in nature. —may require payment of prevailing wages • Examples include:—delivery/courier service —delivery/courier service —landscaping and building maintenance (janitorial) —herbicide application service —recycling/disposal/litter pickup service —vehicle inspection, lubricating and repair services —HVAC system maintenance service —office furnishings installation, refurbishment and repair service D. Qualifications-Based-Selection (QBS) QBS is a competitive procurement process in which consulting firms submit qualifications and/or a non-cost proposal to an agency. The distinguishing feature of QBS over other types of consultant selection is that price is not used as an initial selection criterion. The agency assesses the expertise of competing firms and selects the most highly qualified firm, then negotiates the final project scope and associated fee. If the agency and most highly qualified firm cannot reach an agreement on project scope, schedule, and budget, the agency then negotiates with the next most highly qualified firm. Once you have moved on to the next firm, you cannot go back to the first firm. E. Consultant A consultant is an independent individual or firm contracting with an agency to perform a service or render an opinion or recommendation according to the consultant's methods and without being subject to the control of the agency except as to the result of the work. F. Services Roster A categorized database of consultants and/or other service providers desiring to provide services to an agency that is established in response to notice or advertisement and that contains statements of qualification (SOQs) and other information that an agency can use to evaluate a service provider. This database may be provided and maintained by a single agency, group of agencies, or a non-agency service provider, with interlocal agreements or other appropriate documents. • Applicants provide basic information, such as their UBI, federal tax information and contacts and—identify categories and subcategories of services they provide —provide references,experience and financial capacity —More information depending on type of service. • Major roster headings would match definitions—Category and subcategories would be as needed. Page 5 58 G. RFQs SOQs, RFPs and ITBs for Services RFP's and SOQ's: Statements of Qualification (SOQs) are sometimes referred to as a Request for Qualifications (RFQs) — Ask only for firm's general capabilities, list of principals, previous projects, number of employees, licenses, etc. for either a services roster or an individual project Request for Proposals (RFP) —May include SOQ items, unless already on file —Ask for firm's capabilities with respect to a specific project, including tasks and milestones —Price may be requested, except for A/E contracts —Price is only one consideration —Evaluation is based on criteria established by the agency Invitation to Bid (ITB} —For purchased services —Ask for firm's response to specific ITB work items —Price is requested, —Price can be only one consideration, but is normally the major consideration —Evaluation is based on criteria established by the agency H. Public Works Public work means all work, construction, alteration, repair, or improvement other than ordinary maintenance, executed at the cost of the state or of any municipality, or which is by law a lien or charge on any property therein. RCW 39.04.010(4). I. Emergency Set of unforeseen circumstances beyond the control of the agency that either: present a real, immediate threat to the proper performance of essential functions; or may result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken. RCW 39.04.0280 J. Levels of Competitive Solicitation Differing levels of effort and procedure in selecting a service provider based on the estimated contract price,complexity and type of project or work to be accomplished. Levels of competition for the purposes of this publication are TYPE I, II and Ill. Amounts of the A/E fee levels (not the construction costs) are: TYPE I Competition—$1 Million and above TYPE II Competition—Between $50,000 and $999,999 TYPE III Competition—Between $0 and $49,999 Page 6 59 K. Sole Source Service Provider A sole service provider is a consulting firm or individual whose expertise of such a unique nature that the consultant is clearly and justifiably the only practicable source to provide the service. The justification shall be based on the uniqueness of the service, sole availability at the location required, or warranty or defect correction service obligations. For A/E professional services, QBS leads to the most qualified firm. Sole source selection only applies to purchased, personal and non- A/E professional services. NOTE: This guideline only provides procedures to procure A/E. See the Purchasing Procedure Manual located on the City's intranet "ICE" under the Purchasing tab for instruction on procuring other services,or click on this link: http://cityice/purchasing/files/2012/02/Purchasing-Procedure-Manua I.pdf Page 7 60 3. The Statute Chapter 39.80 RCW CONTRACTS FOR ARCHITECTURAL AND ENGINEERING SERVICES 39.80.010 Legislative declaration. The legislature hereby establishes a state policy, to the extent provided in this chapter, that governmental agencies publicly announce requirements for architectural and engineering services, and negotiate contracts for architectural and engineering services on the basis of demonstrated competence and qualification for the type of professional services required and at fair and reasonable prices. [1981 c 61 §1.] Notes: Effective date -- 1981 c 61: "This act shall take effect on January 1, 1982." [1981 c 61 §9.] 39.80.020 Definitions. Unless the context clearly requires otherwise, the definitions in this section shall apply throughout this chapter. (1) "State agency" means any department, agency, commission, bureau, office, or any other entity or authority of the state government. (2) "Local agency" means any city and any town, county, special district, municipal corporation, agency, port district or authority, or political subdivision of any type, or any other entity or authority of local government in corporate form or otherwise. (3) "Special district"means a local unit of government, other than a city,town, or county, authorized by law to perform a single function or a limited number of functions, and including but not limited to,water-sewer districts, irrigation districts,fire districts, school districts, community college districts, hospital districts, transportation districts, and metropolitan municipal corporations organized under chapter 35.58 RCW. (4) "Agency" means both state and local agencies and special districts as defined in subsections(1), (2),and (3) of this section. (5) "Architectural and engineering services"or"professional services"means professional services rendered by any person, other than as an employee of the agency, contracting to perform activities within the scope of the general definition of professional practice in chapters 18.08, 18.43, or 18.96 RCW. (6) "Person" means any individual, organization, group, association, partnership, firm,joint venture, corporation, or any combination thereof. (7) "Consultant" means any person providing professional services who is not an employee of the agency for which the services are provided. (8) "Application" means a completed statement of qualifications together with a request to be considered for the award of one or more contracts for professional services. [1999 c 153§55; 1981 c 61 §2.] Notes: Part headings not law-- 1999 c 153: See note following RCW 57.04.050. Effective date -- 1981 c 61: See note following RCW 39.80.010. 39.80.030 Agency's requirement for professional services — Advance publication. Each agency shall publish in advance that agency's requirement for professional services. The announcement shall state concisely the general scope and nature of the project or work for which the services are required and the address of a representative of the agency who can provide further details. An agency may comply with this section by: (1) Publishing an announcement on each occasion when professional services provided by a consultant are Page 8 61 required by the agency; or(2) announcing generally to the public its projected requirements for any category or type of professional services. [1981 c 61 §3.] Notes: Effective date -- 1981 c 61: See note following RCW 39.80.010. 39.80.040 Procurement of architectural and engineering services — Submission of statement of qualifications and performance data — Participation by minority and women-owned firms and veteran-owned firms. In the procurement of architectural and engineering services,the agency shall encourage firms engaged in the lawful practice of their profession to submit annually a statement of qualifications and performance data. The agency shall evaluate current statements of qualifications and performance data on file with the agency, together with those that may be submitted by other firms regarding the proposed project, and shall conduct discussions with one or more firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services and then shall select therefrom, based upon criteria established by the agency, the firm deemed to be the most highly qualified to provide the services required for the proposed project. Such agency procedures and guidelines shall include a plan to insure that minority and women-owned firms and veteran-owned firms are afforded the maximum practicable opportunity to compete for and obtain public contracts for services. The level of participation by minority and women-owned firms and veteran-owned firms shall be consistent with their general availability within the professional communities involved. [2010c5§ 10; 1981 c61 §4.] Notes: Purpose -- Construction --2010 c 5: See notes following RCW 43.60A.010. Effective date -- 1981 c 61: See note following RCW 39.80.010. 39.80.050 Procurement of architectural and engineering services — Contract negotiations. (1) The agency shall negotiate a contract with the most qualified firm for architectural and engineering services at a price which the agency determines is fair and reasonable to the agency. In making its determination, the agency shall take into account the estimated value of the services to be rendered as well as the scope, complexity, and professional nature thereof. (2) If the agency is unable to negotiate a satisfactory contract with the firm selected at a price the agency determines to be fair and reasonable, negotiations with that firm shall be formally terminated and the agency shall select other firms in accordance with RCW 39.80.040 and continue in accordance with this section until an agreement is reached or the process is terminated. [1981 c 61 §51 Notes: Effective date -- 1981 c 61: See note following RCW 39.80.010. 39.80.060 Procurement of architectural and engineering services — Exception for emergency work. (1) This chapter need not be complied with by any agency when the contracting authority makes a finding in accordance with this or any other applicable law that an emergency requires the immediate execution of the work involved. (2) Nothing in this chapter shall relieve the contracting authority from complying with applicable law limiting emergency expenditures. [1981 c 61 §6.] Notes: Effective date -- 1981 c 61: See note following RCW 39.80.010. 39.80.070 Contracts, modifications reported to the office of financial management. Contracts entered into by any state agency for architectural and engineering services, and modifications thereto, shall be reported to the office of financial management on a quarterly basis, in such form as the office of financial management prescribes. Page 9 62 [1993 c 433§9.] 39.80.900 Savings. Nothing in this chapter shall affect the validity or effect of any contract in existence on January 1, 1982. [1981 c 61 §7.] Notes: Effective date -- 1981 c 61: See note following RCW 39.80.010. 39.80.910 Severability — 1981 c 61. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. [1981 c 61 §8.] Notes: Effective date -- 1981 c 61: See note following RCW 39.80.010. Page 10 63 4. Identify Fee Level of Competition Summary Si Million - Requires TYPE 1 Competition—A structured S0Q process and advertisement(web and Yakima Herald Republic)is required. Do not use www.mrscrosters.org for TYPE I Competition. $50,000 to $999,999 - Requires TYPE 11 Competition -A minimum of three firms are selected from the City's services roster(currently www.mrscrosters.org) with no additional advertisement. $49,999 and under-Requires TYPE III Competition—Solicit qualifications from 1 to 3 firms,or select the most qualified firm directly from the services roster. Page 11 64 5. Procedures TYPE I Competition Over $1 Million A/E's over $1 Million require a structured SOQ process and advertisement. Do not use www.mrscrosters.org for TYPE I Competition of A/E contracts estimated to be over$1 Million. Action by: Action: Division Manager J 1. Determines the need to hire A/E. J 2. Obtains estimate on A/E cost. J 3. Verifies budget availability. J 4. Understands the requirements of the funding source. J 5. Confirms project does not include state or federal funding, requiring the use of federal or WSDOT Local Agency Guidelines(LAG). 5a. The LAG Manual provides policies and standards for local agencies to follow when using Federal Highway Administration (FHWA) funds for transportation projects and can be viewed at: http://www.wsdot.wa.gov/publications/manuals/fulltext/M36-63/LAGManual.pdf 5b. Procurement of A/E services with federal funds is governed by the Brooks Act (Public Law 92-582), (See 40 U.S.C. 1101-1104 and 49 U.S.C. 325 (b) as described in the LAG Manual. Other grant funded A/E shall be governed by the requirements as set forth in the grant. J 6. Contacts Utilities Director and Purchasing Manager to apprise them of the project. Purchasing J 7. Assigns SOQ tracking number. Division Manager J 8. Writes up scope of work and inserts into A/E Statement of Qualifications (SOQ) template (ATTACHMENT A), then returns to Purchasing. Purchasing J 9. Approves final document and returns to Division Manager for dissemination. Division Manager J 10. Places advertisement in Daily Journal of Commerce. 10a. Division may also directly solicit firms Page 12 65 Purchasing J 11. Places advertisement in Yakima Herald-Republic Newspaper (the city's official newspaper) and on the city's webpage. Division Manager J 12. Receives SOQ responses (date and time stamped) and holds until the due date. J 13. Reviews all SOQ responses and short-lists a minimum of 3 firms, using qualifications as described in the SOQ. Records rationalization for each firm that did or did not make the short-list. 13a. If only one SOQ was received and they are qualified, they may be selected,or the division manager may choose to re-advertise. J 14. Contacts short-listed firms via email inviting them to interviews on a certain date (See ATTACHMENT B for sample). 14a. Face-to-Face interviews are strongly urged, however, because of unique situations, the Division Manager may opt to conduct internet(e.g. SKYPE) interviews. J 15. Writes thank you letters to Firms who didn't make the short-list (see ATTACHMENT C for sample). J 16. Chooses a cross-selection of members to serve as the Selection Committee (SC). The SC shall consist of: • One person from the Department/Division • One person from Engineering • One person from Purchasing (non-scoring facilitator) • One non-city person • One optional person (At the discretion of the Utilities Director) 16a. The Utilities Director has the ability to modify the SC as they see fit. J 17. Reserves room and coordinates availability of SC. J 18. Routes packets to all persons on the SC,containing: • A cover memo (see ATTACHMENT D) asking them to review the SOQ's reminding them of the date/time of the SC meeting • One copy of each SOQ received • Confidentiality/Conflict of Interest Member Agreement (see ATTACHMENT E) • Blank Score Sheet utilizing evaluation criteria (see ATTACHMENT F) Page 13 66 J 19. Performs reference checks using script (see ATTACHMENT G) and writes a summary of results for dissemination to the SC on the day of the meeting. Purchasing —I 20. On the day of the interviews, provides instruction to the SC on the analysis process. - 21. Facilitates the interviews process. Selection Committee J 22. Scores the Interviews and recommends (via sample in ATTACHMENT H) "Intent to Negotiate" with the most highly qualified firm and routes to the City Manager. Division Manager 1 23. Notifies the successful respondent and using the standard A/E contract template (see ATTACHMENT 1), negotiates the final project scope and associated fee. 23a. If the most highly qualified firm cannot reach an agreement on project scope, schedule, and budget, negotiate with the next most highly qualified firm, according to who scored the next highest score (you may not go back to the first firm interviewed). 24. Obtains Legal review of final contract. —I 25. Prepares and uploads resolution/agreement to NOVUS for Council approval. - 26. Contacts awarded firm to request Certificate of Insurance (C01), per limits set forth in ATTACHMENT I). 26a. High risk or unusual work may require different limits or types of insurance. Contact the City's contracted Insurance Broker to describe the project and obtain recommendations of insurance limits/types needed at: Wells Fargo Insurance Services USA, Inc. Joel Pearson, Director Jeff Widdows,Commercial Acct Exec Joel.pea rson(bwelisfargo.com Jeffrey.l.widdowsPwellsfargo.com 509-853-4211 509-853-4222 - 27. Maintains the original COI with the file and sends a copy to Purchasing for logging. - 28. If Change Order is necessary, initiates change order process and follows process outlined in next Section VI. Page 14 67 TYPE II Competition Between $50,000 and $999,999 A/E's between$50,000 and $999,999 require solicitation to a minimum of three firms selected from our services roster (currently www.mrscrosters.org) with no additional advertisement. Action by: Action: Division Manager J 1. Determines the need to hire A/E. J 2. Obtains estimate on A/E cost. J 3. Verifies budget availability. J 4. Understands the requirements of the funding source. J 5. Confirms project does not include state or federal funding, requiring the use of federal or WSDOT Local Agency Guidelines (LAG). 5a. The LAG Manual provides policies and standards for local agencies to follow when using Federal Highway Administration (FHWA) funds for transportation projects and can be viewed at: http://www.wsdot.wa.go v/publications/manuals/fu l ltext/M36-63/LAG M a n ua 1.pdf 5b. Procurement of A/E services with federal funds is governed by the Brooks Act (Public Law 92-582), (See 40 U.S.C. 1101-1104 and 49 U.S.C. 325 (b) as described in the LAG Manual. Other grant funded A/E shall be governed by the requirements as set forth in the grant. J 6. Contacts Utilities Director and Purchasing Manager to apprise them of the project. Purchasing J 7. Assigns SOQ tracking number. Division Manager J 8. Writes up scope of work and inserts into A/E Statement of Qualifications (SOQ) template (ATTACHMENT A), then returns to Purchasing. Purchasing J 9. Approves final document and returns to Division Manager for dissemination. Division Manager J 10. Solicits directly to a minimum of three (3) firms from MRSC Rosters. MRters www.mrscrosters.org Washington State Shared Small Works/Consultant Rosters Page 15 68 J 11. Logs into www.mrscrosters.org. Contact Purchasing for Account Login and Password. J 12. Selects "Consultant Category Search", and chooses the category you are interested in. Pick a minimum of 3 qualified consultants off the list and solicit with preapproved SOQ. J 13. Receives SOQ responses (date and time stamped) and holds until the due date. Responses shall be date and time stamped as they are received. J 14. Reviews all SOQ responses and short-lists a minimum of 3 firms, using qualifications as described in the SOQ. Records rationalization for each firm that did or did not make the short-list. 14a. If only one SOQ was received and they are qualified, they may be selected,or the division manager may choose to re-advertise. J 15. Contacts short-listed firms via email inviting them to interviews on a certain date (See ATTACHMENT B for sample). 15a. Face-to-Face interviews are strongly urged, however, because of unique situations, the Division Manager may opt to conduct Internet(e.g. SKYPE) interviews. J 19. Writes thank you letters to Firms who didn't make the short-list (see ATTACHMENT C for sample). J 20. Chooses a cross-selection of members to serve as the Selection Committee (SC). The SC shall consist of: • One person from the Department/Division • One person from Engineering • One person from Purchasing (non-scoring facilitator) • One non-city person • One optional person (At the discretion of the Utilities Director) 20a. The Utilities Director has the ability to modify the SC as they see fit. J 21. Reserves room and coordinates availability of SC. J 22. Routes packets to all persons on the SC,containing: • A cover memo (see ATTACHMENT D) asking them to review the SOQ's reminding them of the date/time of the SC meeting • One copy of each SOQ received Page 16 69 • Confidentiality/Conflict of Interest Member Agreement (see ATTACHMENT E) • Blank Score Sheet utilizing evaluation criteria (see ATTACHMENT F) J 23. Performs reference checks using script (see ATTACHMENT G) and writes a summary of results for dissemination to the SC on the day of the meeting. Purchasing J 24. On the day of the interviews, provides instruction to the SC on the analysis process. J 25. Facilitates the interviews process. Selection Committee J 26. Scores the Interviews and recommends (via sample in ATTACHMENT H) "Intent to Negotiate" with the most highly qualified firm and routes to the City Manager. Division Manager J 27. Notifies the successful respondent and using the standard A/E contract template (see ATTACHMENT H), negotiates the final project scope and associated fee. 27a. If the most highly qualified firm cannot reach an agreement on project scope, schedule, and budget, negotiate with the next most highly qualified firm, according to who scored the next highest score (you may not go back to the first firm interviewed). J 28. Obtains Legal review of final contract. J 29. Prepares and uploads resolution/agreement to NOVUS for Council approval. J 30. Contacts awarded firm to request Certificate of Insurance (COI), per limits set forth in ATTACHMENT I). 30a. High risk or unusual work may require different limits or types of insurance. Contact the City's contracted Insurance Broker to describe the project and obtain recommendations of insurance limits/types needed at: Wells Fargo Insurance Services USA, Inc. Joel Pearson, Director Jeff Widdows, Commercial Acct Exec Joel.pearson@wellsfargo.com Jeffrey.l.widdows@wellsfargo.com 509-853-4211 509-853-4222 J 31. Maintains the original COI with the file and sends a copy to Purchasing for logging. J 32. If Change Order is necessary,follow steps outlined in Section VI. Page 17 70 TYPE III Competition Under $49,999 A/E's Under—$49,999-Solicit quotes from 1 to3 firms from our services roster (currently www.mrscrosters.org) with no additional advertisement. Action by: Action: Division Manager —I 1. Determines the need to hire A/E. J 2. Obtains estimate on A/E cost. J 3. Verifies budget availability. J 4. Understands the requirements of the funding source. J 5. Confirms project does not include state or federal funding, requiring the use of federal or WSDOT Local Agency Guidelines(LAG). 5a. The LAG Manual provides policies and standards for local agencies to follow when using Federal Highway Administration (FHWA) funds for transportation projects and can be viewed at: http://www.wsdot.wa.gov/publications/man uals/fulltext/M36-63/LAGManual.pdf 5b. Procurement of A/E services with federal funds is governed by the Brooks Act (Public Law 92-582), (See 40 U.S.C. 1101-1104 and 49 U.S.C. 325 (b) as described in the LAG Manual. Other grant funded A/E shall be governed by the requirements as set forth in the grant. J 6. Contacts Utilities Director and Purchasing Manager to apprise them of the project. Purchasing J 7. Assigns SOQ tracking number. Division Manager J 8. Writes up scope of work and inserts into A/E Statement of Qualifications (SOQ) template (ATTACHMENT A), then returns to Purchasing. Purchasing J 9. Approves final document and returns to Division Manager for dissemination. Division Manager J 10. Solicits directly to a minimum of one (1) to three (3) firm(s) from MRSC Rosters. Page 18 71 MRS'j tors www.mrscrosters.org Washington State Shared Small Works/Consultant Rosters - 11. Logs into www.mrscrosters.org. Contact Purchasing for Account Login and Password. —I 12. Selects "Consultant Category Search", and chooses the category you are interested in. Pick one (1) firm (if no competition is desired), to three (3) (if competition desired) qualified consultants off the list and solicit with preapproved SOQ. 12a. If only one firm solicited, you may begin contract negotiations immediately. - 13. Receives SOQ response(s) (date and time stamped) and holds until the due date. Responses shall be date and time stamped as they are received. - 14. Records rationalization for each firm that did or did not make the short-list. - 15. If more than one firm was solicited, Contacts all firms via email inviting them to interviews on a certain date (See ATTACHMENT B for sample). 15a. Face-to-Face interviews are preferred, but phone or Skype interviews are also acceptable. - 16. Writes thank you letters to Firms who didn't make the short-list (see ATTACHMENT C for sample). - 17. If more than one firm was solicited, Choose a cross-selection of members to serve as the Selection Committee (SC). The SC shall consist of: • One person from the Department/Division • One person from Engineering • One person from Purchasing(non-scoring facilitator) 17a. The Utilities Director has the ability to modify the SC as they see fit. - 18. Reserves room and coordinates availability of SC. —I 19. Routes packets to all persons on the SC,containing: Page 19 72 • A cover memo (see ATTACHMENT D) asking them to review the SOQ's reminding them of the date/time of the SC meeting • One copy of each SOQ received • Confidentiality/Conflict of Interest Member Agreement (see ATTACHMENT E) • Blank Score Sheet utilizing evaluation criteria (see ATTACHMENT F) J 20. Performs reference checks using script (see ATTACHMENT G) and writes a summary of results for dissemination to the SC on the day of the meeting. Purchasing J 21. On the day of the interviews, provides instruction to the SC on the analysis process. J 22. Facilitates the interviews process. Selection Committee J 23. Scores the Interviews and recommends (via sample in ATTACHMENT H) "Intent to Negotiate" with the most highly qualified firm and routes to the City Manager Division Manager J 24. Notifies the successful respondent and using the standard A/E contract template (see ATTACHMENT H), negotiates the final project scope and associated fee. 24a. If the most highly qualified firm cannot reach an agreement on project scope, schedule, and budget, negotiate with the next most highly qualified firm, according to who scored the next highest score (you may not go back to the first firm interviewed). J 25. Obtains Legal review of final contract. J 26. Obtains City Manager approval if under $25,000 and City Council approval if over$25,000(see ADM 100). J 27. Contacts awarded firm to request Certificate of Insurance (COI), per limits set forth in ATTACHMENT I). 27a. High risk or unusual work may require different limits or types of insurance. Contact the City's contracted Insurance Broker to describe the project and obtain recommendations of insurance limits/types needed at: Wells Fargo Insurance Services USA, Inc. Joel Pearson, Director Jeff Widdows, Commercial Acct Exec Joel.pearson@weIlsfargo.com Jeffrey.I.widdows@wellsfargo.com 509-853-4211 509-853-4222 Page 20 73 1 28. Maintains the original COI with the file and sends a copy to Purchasing for logging. 29. If Change Order is necessary, follow steps outlined in Section VI. Page 21 74 6. Change Orders (applies to all limits) Do a Change Order when: A Change order is a modification of the original contract that becomes part of the overall contract. Change orders may increase or decrease the sum of the original contract. Do NOT do a Change Order when: The change you are trying to make is out of scope, not described in detail as part of a "multi-phase project", or the project is excessively large. DO A NEW CONTRACT INSTEAD. Change orders to existing A/E contracts will not be approved unless they follow these guidelines. Who Can Sign A Change Order?: Per Yakima Administrative Code (ADM) 100, change orders to Professional Service Contracts (after funds are budgeted and verified) shall be approved as follows: • Under$10,000 cumulative limit, Department Director approves and City Manager notified. • Over$10,000 cumulative limit,City Manager approves. WSDOT: WSDOT change order guidelines must be used when using FHWA funding. Policy can be viewed at: http://www.wsd ot.wa.gov/NR/rd o n l yres/7C3 5 B04E-F736-47 BA-891 E- 0B9F7021FDF3/0/ChangeOrderProcessGuide.pdf Page 22 75 7. Template Attachments (This page intentionally left blank) Page 23 76 ATTACHMENT A AJE Statement of Qualifications (SOQ) Template SAMPLE Date (addressee) Dear , The City of Yakima seeks to hire a consulting firm to (describe work): It is anticipated that this work will begin (date) and end (date). Your firm and (enter #) others have been selected from the MRSC Roster to possibly complete this work for the City. PROJECT DESCRIPTION: The project consists of Major elements of the work include: The chosen consultant will demonstrate that they have personnel available to perform this work that have significant experience with similar projects. SUBMITTAL: If you are interested in performing this work, please submit your interest by . The submittal package should list the names of the principle in charge and project manager and address the evaluation criteria listed below. Submittals will be evaluated and ranked based on the following criteria as shown on the attached spreadsheet: Page 24 77 • Key personnel • Ability to resolve conflicts • Experience with managing similar sized projects • Past performance/references • • If you have any questions, feel free to contact at (509) Sincerely, (name) (title) Page 25 78 (Part of ATTACHMENT A) EVALUATION BY SELECTION COMMITTEE: Qualification Evaluation Criteria: The following are the criteria which will be used in the selection of a consultant. A maximum score of 100 points will be used to evaluate consultants. Each of the following elements shall have the stated maximum point value: Qualification and Experience Possible Points Points Given (1) Key Personnel 15 (2) Ability to resolve conflicts 10 (3) Experience managing similar sized projects 20 (4) Past Performances/References 15 (5) 10 (6) 15 (7) 15 TOTAL 100 POST EVALUATION COMMENTS: NOTES: Page 26 79 ATTACHMENT B Consultant Interview Invitation SAMPLE Date (addressee) Dear , The City of Yakima seeks to hire a consulting firm to help with (enter same description from SOQ below). Based on the Statement of Qualifications that you submitted on (date) , your firm has been selected to interview for providing services for the City of Yakima's project. We will be holding interviews on (date) The interview schedule is as follows: — 1:00 pm —2:00 pm —3:00 pm Interviews will be limited to 45 minutes. If you have any questions, please call me at (509) . We look forward to meeting you. Sincerely, (name) (title) Page 27 80 ATTACHMENT C Thank You Letter SAMPLE (date) (addressee) RE: (Project name) Dear , This letter is your official notification that the Selection Committee has selected award of the above SOQ to No further consideration will be given to your SOQ, pending successful contract negotiations with the successful vendor. The City of Yakima and the Selection Committee wish to extend their sincere appreciation to for your efforts in responding to our SOQ. Sincerely, (name) (title) Page 28 81 ATTACHMENT D Cover Memo to Selection Committee SAMPLE (date) Thank you for serving on the analysis committee to help choose a consultant for Enclosed you will find: ➢ The original SOQ that went out for solicitation. ➢ Copies of the responses received. • One score sheet for each response. • Conflict of Interest/Confidentiality Statement 1) Familiarize yourself with the SOQ so you can see what was asked of the consultants. 2) Read and sign the Conflict of Interest/Confidentiality Statement. You can bring it with you to the meeting. They become a permanent part of the selection file. 3) Review and become familiar with the responses. Write down any questions that you may have for the consultants, or for the analysis committee. We may contact them by phone or Skype at the first meeting, or ask them to come in for an interview at a later date. 4) The firms SOQ's and Interviews will be scored separately and the two scores will be added together. The score sheets will become a permanent part of the SOQ file. If you have any questions, please feel free to call me at . See you on (date and time). at (enter location) Thank you, (name) (title) Page 29 82 ATTACHMENT E Confidentiality/Conflict of Interest Member Agreement City of Yakima SELECTION COMMITTEE MEMBER AGREEMENT SOQ No. In consideration of being allowed to serve on the Selection Committee described below, I, hereby agree that (Printed Name) 1. I am a member of the Selection Committee evaluating proposals submitted to the City of Yakima in response to the above listed RFQ. 2. I will not communicate with others outside of the Evaluation Committee on the nature or content of the written proposals, product demonstrations, interviews,the evaluation proceedings,the deliberations of the Evaluation Committee, or individual opinions about the proposers or the project. Proposals and the identity of the proposers will be held in confidence through the evaluation processes. 3. I understand and agree that I do not have a conflict of interest of a financial, relational, or other nature with any of the firms or key personnel of any of the firms I will be evaluating, and that there is no perception or appearance of such a conflict of interest that could arise. I further agree that no member of my immediate family has any such conflict of interest. "Immediate family" means a spouse or domestic partner, child, child of a spouse or domestic partner, sibling, sibling of a domestic partner, brother-in-law, sister-in-law, parent, parent of a spouse or domestic partner, a person for whom I am a legal guardian, or a person claimed as a dependent on my most recently filed federal income tax return. 4. If I have any reason to contact any proposer participating in this solicitation,even if the matter is not directly or indirectly related to this project, I will immediately divulge the nature and reason of the contact to the Purchasing Manager. 5. I have a professional interest in ensuring the results of the Committee's evaluation are legally supportable and defensible. 6. I have a professional interest in ensuring the final recommendation of the Committee can and will lead to the selection of a vendor who can and will provide services with will be acceptable and in the best interest of the City of Yakima and Yakima County. 7. I am not employed by,nor do I have an arrangement for future employment with,any organization under consideration, nor will I solicit or accept gratuities,favors,or anything of monetary value from any organization associated with this selection. I disclose the following information: Signature: Date: Page 30 83 ATTACHMENT F Score Sheet Name of Evaluator: Name of Contractor: Evaluation Criteria (May be customized for each selection): A maximum score of 100 points will be used to evaluate Proposals. Each of the following elements shall have the stated maximum point value: Qualification and Experience ?Ylaximum. Points Points Given Allowed (1) Management Capacity 0-25 (2) Experience and Skill 0-30 (3) Financial Capacity 0-30 (4) References 0-15 TOTAL 100 Page 31 84 ATTACHMENT G References Script SAMPLE 1) Describe the work performed for you? 2) Who were the main people in charge of the project and how did they perform? 3) Was the project done on time and within budget? 4) If you could change anything about the project, what would it be? 5) Would you hire them again? Page 32 85 ATTACHMENT H Selection Committee Intent to Negotiate Mr. O'Rourke, On (date), the City solicited SOQ No. to hire an A/E firm to conduct (name type of service)services for the (name project) (# of) proposals were received on the due date of(date), 2013 for the above project from the following firms: (list firm name and location) The analysis committee was formed and given materials and instructions on how to conduct the analysis and score the proposals on (date). Committee Members: (List Committee Members) The proposals were checked for responsiveness by (enter name) and deemed to be responsive. Respondents were invited for interviews and presentations on (date). Page 33 86 The proposals were scored twice. Once for their proposals and again for their interview, utilizing the following scoring matrix, as listed in the RFP: Possible Qualification and Experience Points (1) Management Capacity 0-25 (2) Experience and Skill 0-30 (3) Financial Capacity 0-30 (4) References 0-15 TOTAL 100 Out of possible points(200 total points for each evaluator),the firms scored as followed: (Enter firm Name) (points). (Enter firm Name) (points). (Enter firm Name) (points). (Enter firm name)was the unanimous winner. The committee recommends that we proceed to contract negotiations with (firm name). Sincerely, (Name) (Title) APPROVED: Tony O'Rourke, City Manager Date Page 34 87 ATTACHMENT I Professional Services Agreement Template Any projects using federal funds must use the latest version of the"Local Agency Standard Consultant Agreement"found in Appendix 31.79 of the WSDOT Local Agency Guidelines Manual. DO NOT USE THIS TEMPLATE (THIS TEMPLATE MAY ONLY BE CHANGED BY THE CITY ATTORNEY) AGREEMENT For City of Yakima Use Only: BETWEEN Contract No. CITY OF YAKIMA,WASHINGTON Project No. AND Resolution No. SOQ No. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into on this day of , 201X, by and between the City of Yakima, Washington, a municipal corporation with its principal office at 129 North Second Street, Yakima, WA 98901, hereinafter referred to as "CITY", and with its principal office at , hereinafter referred to as "ENGINEER"; said corporation and its principal engineers are licensed and registered to do business in the State of Washington, and will provide services under this Agreement for on behalf of the City of Yakima, Project No. herein referred to as the "PROJECT." WITNESSETH: RECITALS WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and construction of the PROJECT,as described in this Agreement and subsequent Amendments thereto;and WHEREAS, ENGINEER represents that it has available and offers to provide personnel with knowledge and experience necessary to satisfactorily accomplish the work within the required time and that it has no conflicts of interest prohibited by law from entering into this Agreement; NOW,THEREFORE,CITY and ENGINEER agree as follows: SECTION 1 INCORPORATION OF RECITALS 1.1 The above recitals are incorporated into these operative provisions of the Agreement. SECTION 2 SCOPE OF SERVICES 2.0.1 ENGINEER agrees to perform those services described hereafter. Unless modified in writing by both parties, duties of ENGINEER shall not be construed to exceed those services specifically set forth herein. Page 35 88 2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign, as Principal-in-Charge throughout the term of this Agreement unless other personnel are approved by the CITY. 2.1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A, entitled " (WORK) which is attached hereto and made a part of this Agreement as if fully set forth herein. 2.2 Additional Services: CITY and ENGINEER agree that not all WORK to be performed by ENGINEER can be defined in detail at the time this Agreement is executed, and that additional WORK related to the Project and not covered in Exhibit A may be needed during performance of this Agreement. CITY may, at any time, by written order, direct the ENGINEER to revise portions of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the PROJECT, or request that the ENGINEER perform additional WORK beyond the scope of the PROJECT WORK. Such changes hereinafter shall be referred to as"Additional Services." 2.2.1 If such Additional Services cause an increase or decrease in the ENGINEER'S cost of, or time required for, performance of any services under this Agreement, a contract price and/or completion time adjustment pursuant to this Agreement shall be made and this Agreement shall be modified in writing accordingly. 2.2.2 Compensation for each such request for Additional Services shall be negotiated by the CITY and the ENGINEER according to the provisions set forth in Exhibit B, attached hereto and incorporated herein by this reference, and if so authorized, shall be considered part of the PROJECT WORK. The ENGINEER shall not perform any Additional Services until so authorized by CITY and agreed to by the ENGINEER in writing. 2.3 The ENGINEER must assert any claim for adjustment in writing within thirty(30)days from the date of the ENGINEER's receipt of the written notification of change. SECTION 3 CITY'S RESPONSIBILITIES 3.1 CITY-FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the CITY'S possession relating to the ENGINEER'S services on the PROJECT including information on any pre-existing conditions known to the CITY that constitute hazardous waste contamination on the PROJECT site as determined by an authorized regulatory agency. 3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably accessible to ENGINEER as required for ENGINEER'S performance of its services and will provide labor and safety equipment as reasonably required by ENGINEER for such access. 3.3 TIMELY REVIEW: The CITY will examine the ENGINEER'S studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as CITY deems appropriate; and render in writing decisions required of CITY in a timely manner. Such examinations and decisions, however, shall not relieve the ENGINEER of any contractual obligations nor of its duty to render professional services meeting the standards of care for its profession. 3.4 CITY shall appoint a CITY'S Representative with respect to WORK to be performed under this Agreement. CITY'S Representative shall have complete authority to transmit instructions and receive information. ENGINEER shall be entitled to reasonably rely on such instructions made by the CITY'S Representative unless otherwise directed in writing by the CITY, but ENGINEER shall be responsible for bringing to the Page 36 89 attention of the CITY'S Representative any instructions which the ENGINEER believes are inadequate, incomplete,or inaccurate based upon the ENGINEER'S knowledge. 3.5 Any documents, services, and reports provided by the CITY to the ENGINEER are available solely as additional information to the ENGINEER and will not relieve the ENGINEER of its duties and obligations under this Agreement or at law. The ENGINEER shall be entitled to reasonably rely upon the accuracy and the completeness of such documents, services and reports, but shall be responsible for exercising customary professional care in using and reviewing such documents, services, and reports and drawing conclusions there from. SECTION 4 AUTHORIZATION, PROGRESS,AND COMPLETION 4.1 In signing this Agreement, CITY grants ENGINEER specific authorization to proceed with WORK described in Exhibit A. The time for completion is defined in Exhibit A,or as amended. SECTION 5 COMPENSATION 5.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services described in Exhibit A, compensation shall be according to Exhibit C - Schedule of Specific Hourly Rates, attached hereto and incorporated herein by this reference, on a time spent basis plus reimbursement for direct non-salary expenses. 5.1.1 DIRECT NON-SALARY EXPENSES: Direct Non-Salary Expenses are those costs incurred on or directly for the PROJECT including, but not limited to, necessary transportation costs, including current rates for ENGINEER'S vehicles; meals and lodging; laboratory tests and analyses; printing, binding and reproduction charges; all costs associated with other outside nonprofessional services and facilities; special CITY-requested and PROJECT-related insurance and performance warranty costs; and other similar costs. Reimbursement for Direct Non-Salary Expenses will be on the basis of actual charges plus a reasonable markup, not to exceed ten percent(10%)and on the basis of current rates when furnished by ENGINEER. Estimated Direct Non-Salary Expenses are shown in Exhibit B. 5.1.1.1 Travel costs, including transportation, lodging,subsistence,and incidental expenses incurred by employees of the ENGINEER and each of the Subconsultants in connection with PROJECT WORK; provided,as follows: • That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents per mile will be paid for the operation, maintenance,and depreciation costs of company or individually owned vehicles for that portion of time they are used for PROJECT WORK. ENGINEER, whenever possible, will use the least expensive form of ground transportation. • That reimbursement for meals inclusive of tips shall not exceed a maximum of forty dollars ($40) per day per person. This rate may be adjusted on a yearly basis. • That accommodation shall be at a reasonably priced hotel/motel. • That air travel shall be by coach class, and shall be used only when absolutely necessary. Page 37 90 5.1.2 Telephone charges, computer charges, in-house reproduction charges, first class postage, and FAX charges are not included in the direct expense costs, but are considered included in the Schedule of Specific Hourly Billing Rates. 5.1.3 Professional Subconsultants. Professional Subconsultants are those costs for engineering, architecture, geotechnical services and similar professional services approved by the CITY. Reimbursement for Professional Subconsultants will be on the basis of actual costs billed plus a reasonable markup, not to exceed ten percent (10%) for services provided to the CITY through this Agreement. Estimated Subconsultant costs are shown in Exhibit B. 5.2 Unless specifically authorized in writing by the CITY,the total budgetary amount for this PROJECT shall not exceed Dollars ($ ). The ENGINEER will make reasonable efforts to complete the WORK within the budget and will keep CITY informed of progress toward that end so that the budget or WORK effort can be adjusted if found necessary. The ENGINEER is not obligated to incur costs beyond the indicated budget, as may be adjusted, nor is the CITY obligated to pay the ENGINEER beyond these limits. When any budget has been increased, the ENGINEER'S excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase, and provided that the City was informed in writing at the time such costs were incurred. 5.3 The ENGINEER shall submit to the City's Representative an invoice each month for payment for PROJECT services completed through the accounting cut-off day of the previous month. Such invoices shall be for PROJECT services and WORK performed and costs incurred prior to the date of the invoice and not covered by previously submitted invoices. The ENGINEER shall submit with each invoice a summary of time expended on the PROJECT for the current billing period, copies of subconsultant invoices, and any other supporting materials determined by the City necessary to substantiate the costs incurred. CITY will use its best efforts to pay such invoices within thirty (30) days of receipt and upon approval of the WORK done and amount billed. CITY will notify the ENGINEER promptly if any problems are noted with the invoice. CITY may question any item in an invoice, noting to ENGINEER the questionable item(s) and withholding payment for such item(s). The ENGINEER may resubmit such item(s) in a subsequent invoice together with additional supporting information required. 5.4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on the unpaid balance shall accrue beginning with the sixty-first (61) day at the rate of 1.0% per month or the maximum interest rate permitted by law, whichever is less; provided, however, that no interest shall accrue pursuant to Chapter 39.76 RCW when before the date of timely payment a notice of dispute is issued in good faith by the CITY to the ENGINEER pursuant to the terms of RCW 39.76.020(4). 5.5 Final payment of any balance due the ENGINEER for PROJECT services will be made within forty-five (45) days after satisfactory completion of the services required by this Agreement as evidenced by written acceptance by CITY and after such audit or verification as CITY may deem necessary and execution and delivery by the ENGINEER of a release of all known payment claims against CITY arising under or by virtue of this Agreement, other than such payment claims, if any, as may be specifically exempted by the ENGINEER from the operation of the release in stated amounts to be set forth therein. 5.6 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY of any claims, right, or remedy it may have against the ENGINEER under this Agreement or by law, nor shall such payment constitute a waiver, remission, or discharge by CITY of any failure or fault of the ENGINEER to satisfactorily perform the PROJECT WORK as required under this Agreement. Page 38 91 SECTION 6 RESPONSIBILITY OF ENGINEER 6.1 The ENGINEER shall be responsible for the professional quality, technical adequacy and accuracy, timely completion, and the coordination of all plans, design, drawings, specifications, reports, and other services furnished by the ENGINEER under this Agreement. The ENGINEER shall,without additional compensation, correct or review any errors, omissions, or other deficiencies in its plans, designs,drawings, specifications, reports, and other services. The ENGINEER shall perform its WORK according to generally accepted civil engineering standards of care and consistent with achieving the PROJECT WORK within budget, on time, and in compliance with applicable laws, regulations,and permits. 6.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications, reports, and incidental WORK or services furnished hereunder shall not in any way relieve the ENGINEER of responsibility for the technical adequacy, completeness, or accuracy of its WORK and the PROJECT WORK. CITY'S review, approval, or payment for any of the services shall not be construed to operate as a waiver of any rights under this Agreement or at law or any cause of action arising out of the performance of this Agreement. 6.3 In performing WORK and services hereunder, the ENGINEER and its subcontractors, subconsultants, employees, agents, and representatives shall be acting as independent contractors and shall not be deemed or construed to be employees or agents of CITY in any manner whatsoever. The ENGINEER shall not hold itself out as, nor claim to be, an officer or employee of CITY by reason hereof and will not make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of CITY. The ENGINEER shall be solely responsible for any claims for wages or compensation by ENGINEER employees, agents, and representatives, including subconsultants and subcontractors, and shall save and hold CITY harmless therefrom. 6.4 INDEMNIFICATION: (a) ENGINEER agrees to defend, indemnify, and hold harmless the CITY, its elected officials, agents, officers, employees, agents and volunteers (hereinafter "parties protected") from (1) claims, demands, liens, lawsuits, administrative and other proceedings,(including reasonable costs and attorneys fees) and (2)judgments,awards, losses, liabilities,damages, penalties, fines, costs and expenses of any kind claimed by third parties arising out of, or related to any death, injury, damage or destruction to any person or any property to the extent caused by any negligent act, action, default, error or omission or willful misconduct arising out of the Engineer's performance under this Agreement. In the event that any lien is placed upon the City's property or any of the City's officers, employees or agents as a result of the negligence or willful misconduct of the Engineer, the Engineer shall at once cause the same to be dissolved and discharged by giving bond or otherwise. (b) CITY agrees to indemnify and hold the ENGINEER harmless from loss, cost, or expense of any kind claimed by third parties, including without limitation such loss, cost, or expense resulting from injuries to persons or damages to property, caused solely by the negligence or willful misconduct of the CITY, its employees, or agents in connection with the PROJECT. (c) If the negligence or willful misconduct of both the ENGINEER and the CITY (or a person identified above for whom each is liable) is a cause of such third party claim, the loss, cost, or expense shall be shared between the ENGINEER and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity will apply for such proportion. Page 39 92 (d) Nothing contained in this Section or this Agreement shall be construed to create a liability or a right of indemnification in any third party. 6.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligations under this Agreement shall not be limited in any way by any limitation on the amount or types of damages, compensation, or benefits payable by or for the ENGINEER or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other employee benefit acts. The ENGINEER specifically and expressly waives its immunity under the Industrial Insurance Act, Title 51, RCW. Such waiver has been mutually negotiated by the ENGINEER and the CITY. 6.6 It is understood that any resident engineering or inspection provided by ENGINEER is for the purpose of determining compliance with the technical provisions of PROJECT specifications and does not constitute any form of guarantee or insurance with respect to the performance of a contractor. ENGINEER does not assume responsibility for methods or appliances used by a contractor, for a contractor's safety programs or methods, or for compliance by contractors with laws and regulations. CITY shall use its best efforts to ensure that the construction contract requires that the contractor(s) indemnify and name CITY,the CITY'S and the ENGINEER'S officers, principals, employees, agents, representatives, and engineers as additional insureds on contractor's insurance policies covering PROJECT, exclusive of insurance for ENGINEER professional liability. 6.7 SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observation, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate standard of professional care and judgment in such investigations. SECTION 7 PROJECT SCHEDULE AND BUDGET 7.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component tasks shall be as set forth in this Agreement and attachments. The project schedule and performance dates for the individual tasks shall be mutually agreed to by the CITY and the ENGINEER within fifteen (15) days after execution of this Agreement. The performance dates and budgets for tasks may be modified only upon written agreement of the parties hereto. The performance date for tasks and the completion date for the entire PROJECT shall not be extended, nor the budget increased because of any unwarranted delays attributable to the ENGINEER, but may be extended or increased by the CITY in the event of a delay caused by special services requested by the CITY or because of unavoidable delay caused by any governmental action or other conditions beyond the control of the ENGINEER which could not be reasonably anticipated. 7.2 Not later than the tenth (10) day of each calendar month during the performance of the PROJECT, the ENGINEER shall submit to the CITY'S Representative a copy of the current schedule and a written narrative description of the WORK accomplished by the ENGINEER and subconsultants on each task, indicating a good faith estimate of the percentage completion thereof on the last day of the previous month. Additional oral or written reports shall be prepared at the request of the CITY for presentation to other governmental agencies and/or to the public. Page 40 93 SECTION 8 REUSE OF DOCUMENTS 8.1 All internal WORK products of the ENGINEER are instruments or service of this PROJECT. There shall be no reuse, change, or alteration by the CITY or others acting through or on behalf of the CITY without written permission of the ENGINEER, which shall not be unreasonably withheld and will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER and its officers, employees, subcontractors, and affiliated corporations from all claims, damages, losses, and costs including, but not limited to, litigation expenses and attorney's fees arising out of or related to such unauthorized reuse, change, or alteration; provided, however,that the ENGINEER will not be indemnified for such claims,damages, losses, and costs including, without limitation, litigation expenses and attorney fees were caused by the ENGINEER's own negligent acts or omissions. 8.2 The ENGINEER agrees that ownership of any plans, drawings, designs, specifications, computer programs, technical reports, operating manuals, calculations, notes, and other WORK submitted or which are specified to be delivered under this Agreement or which are developed or produced and paid for under this Agreement,whether or not complete,shall be vested in the CITY. 8.3 All rights to patents,trademarks,copyrights,and trade secrets owned by ENGINEER(hereinafter"Intellectual Property") as well as any modifications, updates or enhancements to said Intellectual Property during the performance of the WORK remain the property of ENGINEER,and ENGINEER does not grant CITY any right or license to such Intellectual Property. SECTION 9 AUDIT AND ACCESS TO RECORDS 9.1 The ENGINEER, including its subconsultants, shall maintain books, records, documents and other evidence directly pertinent to performance of the WORK under this Agreement in accordance with generally accepted accounting principles and practices consistently applied. The CITY, or the CITY'S duly authorized representative, shall have access to such books, records, documents, and other evidence for inspection, audit, and copying for a period of three years after completion of the PROJECT. The CITY shall also have access to such books, records, and documents during the performance of the PROJECT WORK, if deemed necessary by the CITY, to verify the ENGINEER'S WORK and invoices. 9.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing standards and established procedures and guidelines of the reviewing or auditing agency. 9.3 The ENGINEER agrees to the disclosure of all information and reports resulting from access to records pursuant to this section provided that the ENGINEER is afforded the opportunity for an audit exit conference and an opportunity to comment and submit any supporting documentation on the pertinent portions of the draft audit report and that the final audit report will include written comments, if any, of the ENGINEER. 9.4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for WORK on the Project. 9.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately substantiated shall be reimbursed to the CITY. SECTION 10 INSURANCE 10.1 At all times during performance of the Services, ENGINEER shall secure and maintain in effect insurance to protect the City and the ENGINEER from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Contract. ENGINEER shall provide and maintain in force Page 41 94 insurance in limits no less than that stated below, as applicable. The City reserves the rights to require higher limits should it deem it necessary in the best interest of the public. If ENGINEER carries higher coverage limits than the limits stated below, such higher limits shall be shown on the Certificate of Insurance and Endorsements and ENGINEER shall be named as an additional insured for such higher limits. 10.1.1 Commercial General Liability Insurance. Before this Contract is fully executed by the parties, ENGINEER shall provide the City with a certificate of insurance as proof of commercial liability insurance and commercial umbrella liability insurance with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage, and Two Million Dollars ($2,000,000.00) general aggregate. The certificate shall clearly state who the provider is, the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City, its elected officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. 10.1.2 Commercial Automobile Liability Insurance. a. If ENGINEER owns any vehicles, before this Contract is fully executed by the parties, ENGINEER shall provide the City with a certificate of insurance as proof of commercial automobile liability insurance and commercial umbrella liability insurance with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit bodily injury and property damage. Automobile liability will apply to"Any Auto"and be shown on the certificate. b. If ENGINEER does not own any vehicles, only "Non-owned and Hired Automobile Liability" will be required and may be added to the commercial liability coverage at the same limits as required in that section of this Contract, which is Section 10.1.1 entitled "Commercial General Liability Insurance". c. Under either situation described above in Section 10.1.2.a. and Section 10.1.2.b., the required certificate of insurance shall clearly state who the provider is, the coverage amount, the policy number,and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The policy shall name the City, its elected officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice. The insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the State of Washington. 10.1.3 Statutory workers'compensation and employer's liability insurance as required by state law. 10.1.4 Professional Liability Coverage. Before this Contract is fully executed by the parties, ENGINEER shall provide the City with a certificate of insurance as proof of professional liability coverage with a total liability limit of the limits required in the policy, subject to minimum limits of Two Million Dollars ($2,000,000.00) per claim, and Two Million Dollars ($2,000,000.00) aggregate. The certificate shall clearly state who the provider is,the coverage amount, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this Contract. The insured shall not cancel or change the insurance without first giving the City thirty (30) calendar days prior written notice. The insurance shall be with an Page 42 95 insurance company or companies rated A-VII or higher in Best's Guide. If the policy is written on a claims made basis the coverage will continue in force for an additional two years after the completion of this contract. Failure of either or all of the additional insureds to report a claim under such insurance shall not prejudice the rights of the CITY, its officers, employees, agents, and representatives there under. The CITY and the CITY'S elected officials, officers, principals, employees, representatives, and agents shall have no obligation for payment of premiums because of being named as additional insureds under such insurance. None of the policies issued pursuant to the requirements contained herein shall be canceled, allowed to expire, or changed in any manner that affects the rights of the City until thirty (30) days after written notice to the CITY of such intended cancellation,expiration or change. SECTION 11 SUBCONTRACTS 11.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract any portion of the WORK to be performed under this Agreement. 11.2 Any subconsultants or subcontractors to the ENGINEER utilized on this PROJECT, including any substitutions thereof, will be subject to prior approval by CITY, which approval shall not be unreasonably withheld. Each subcontract shall be subject to review by the CITY'S Representative, if requested, prior to the subconsultant or subcontractor proceeding with the WORK. Such review shall not constitute an approval as to the legal form or content of such subcontract. The ENGINEER shall be responsible for the architectural and engineering performance, acts, and omissions of all persons and firms performing subcontract WORK. 11.3 CITY does not anticipate ENGINEER subcontracting with any additional persons or firms for the purpose of completing this Agreement. 11.4 The ENGINEER shall submit, along with its monthly invoices, a description of all WORK completed by subconsultants and subcontractors during the preceding month and copies of all invoices thereto. SECTION 12 ASSIGNMENT 12.1 This Agreement is binding on the heirs, successors and assigns of the parties hereto. This Agreement may not be assigned by CITY or ENGINEER without prior written consent of the other, which consent will not be unreasonably withheld. It is expressly intended and agreed that no third party beneficiaries are created by this Agreement, and that the rights and remedies provided herein shall inure only to the benefit of the parties to this Agreement. SECTION 13 INTEGRATION 13.1 This Agreement represents the entire understanding of CITY and ENGINEER as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing signed by both parties. SECTION 14 JURISDICTION AND VENUE 14.1 This Agreement shall be administered and interpreted under the laws of the State of Washington. Jurisdiction of litigation arising from this Agreement shall be in Washington State. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar Page 43 96 as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect. Venue of all disputes arising under this Agreement shall be Yakima County,State of Washington. SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION 15.1 During the performance of this Agreement, ENGINEER and ENGINEER's subconsultants and subcontractors shall not discriminate in violation of any applicable federal, state and/or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under federal, state, or local law. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of services under this Agreement. ENGINEER agrees to comply with the applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination statutes and regulations. SECTION 16 SUSPENSION OF WORK 16.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if unforeseen circumstances beyond CITY'S control are interfering with normal progress of the WORK. ENGINEER may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if unforeseen circumstances beyond ENGINEER's control are interfering with normal progress of the WORK. ENGINEER may suspend WORK on PROJECT in the event CITY does not pay invoices when due, except where otherwise provided by this Agreement. The time for completion of the WORK shall be extended by the number of days WORK is suspended. If the period of suspension exceeds ninety (90) days, the terms of this Agreement are subject to renegotiation, and both parties are granted the option to terminate WORK on the suspended portion of Project in accordance with SECTION 17. SECTION 17 TERMINATION OF WORK 17.1 Either party may terminate this Agreement, in whole or in part, if the other party materially breaches its obligations under this Agreement and is in default through no fault of the terminating party. However, no such termination may be effected unless the other party is given: (1) not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested,of intent to terminate;and (2)an opportunity for consultation and for cure with the terminating party before termination. Notice shall be considered issued within seventy-two (72) hours of mailing by certified mail to the place of business of either party as set forth in this Agreement. 17.2 In addition to termination under subsection 17.1 of this Section, CITY may terminate this Agreement for its convenience, in whole or in part, provided the ENGINEER is given: (1) not less than fifteen (15) calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate; and (2)an opportunity for consultation with CITY before termination. 17.3 If CITY terminates for default on the part of the ENGINEER, an adjustment in the contract price pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other WORK, and (2) any payment due to the ENGINEER at the time of termination may be adjusted to the extent of any additional costs or damages CITY has incurred, or is likely to incur, because of the ENGINEER'S breach. In such event,CITY shall consider the amount of WORK originally required which was satisfactorily completed to date of termination, whether that WORK is in a form or of a type which is usable and suitable to CITY at the date of termination and the cost to CITY of completing the WORK itself or of employing another firm to complete it. Under no circumstances shall payments made under this provision exceed the contract price. In the event of default, the ENGINEER Page 44 97 agrees to pay CITY for any and all damages, costs, and expenses whether directly, indirectly, or consequentially caused by said default. This provision shall not preclude CITY from filing claims and/or commencing litigation to secure compensation for damages incurred beyond that covered by contract retainage or other withheld payments. 17.4 If the ENGINEER terminates for default on the part of CITY or if CITY terminates for convenience, the adjustment pursuant to the Agreement shall include payment for services satisfactorily performed to the date of termination, in addition to termination settlement costs the ENGINEER reasonably incurs relating to commitments which had become firm before the termination, unless CITY determines to assume said commitments. 17.5 Upon receipt of a termination notice under subsections 17.1 or 17.2 above, the ENGINEER shall (1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver or otherwise make available to CITY all originals of data, drawings, specifications, calculations, reports, estimates, summaries, and such other information, documents, and materials as the ENGINEER or its subconsultants may have accumulated or prepared in performing this Agreement, whether completed or in progress, with the ENGINEER retaining copies of the same. 17.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK to completion utilizing other qualified firms or individuals; provided, the ENGINEER shall have no responsibility to prosecute further WORK thereon. 17.7 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined that the ENGINEER has not so failed, the termination shall be deemed to have been effected for the convenience of CITY. In such event, the adjustment pursuant to the Agreement shall be determined as set forth in subparagraph 17.4 of this Section. 17.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key personnel employed by the ENGINEER in PROJECT WORK or for any corporate officer of the ENGINEER to render his services to the PROJECT, the ENGINEER shall not be relieved of its obligations to complete performance under this Agreement without the concurrence and written approval of CITY. If CITY agrees to termination of this Agreement under this provision, payment shall be made as set forth in subparagraph 17.3 of this Section. SECTION 18 DISPUTE RESOLUTION 18.1 In the event that any dispute shall arise as to the interpretation of this agreement, or in the event of a notice of default as to whether such default does constitute a breach of the contract, and if the parties hereto cannot mutually settle such differences,then the parties shall first pursue mediation as a means to resolve the dispute. If either of the afore mentioned methods are not successful then any dispute relating to this Agreement shall be decided in the courts of Yakima County, in accordance with the laws of Washington. If both parties consent in writing, other available means of dispute resolution may be implemented. SECTION 19 NOTICE 19.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at the address set forth below. Notice shall be considered issued and effective upon receipt thereof by the addressee-party, or seventy-two (72) hours after mailing by certified mail to the place of business set forth below,whichever is earlier. Page 45 98 CITY: City of Yakima Yakima,WA 98901 Attn: ENGINEER: Attn: IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed by their respective authorized officers or representatives as of the day and year first above written. CITY OF YAKIMA Tony O'Rourke Signature Printed Name: Printed Name: Title: City Manager Title: Date: Date: Attest City Clerk Page 46 99 PART OF ATTACHMENT I STATE OF WASHINGTON ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument,and acknowledged it as the CITY MANAGER of the CITY OF YAKIMA,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Seal or Stamp (Signature) Title Printed Name My commission expires: Page 47 100 PART OF ATTACHMENT I STATE OF WASHINGTON ss. COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Seal or Stamp (Signature) Title Printed Name My commission expires: Page 48 101 PART OF ATTACHMENT I EXHIBIT A SCOPE OF WORK Page 49 PART OF ATTACHMENT I EXHIBIT B Professional Fees Page 50 103 ATTACHMENT J Certificate of Insurance Sample PROFESSIONAL LIABILITY A 0'� CERTIFICATE OF LIABILITY INSURANCE Current 1e THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATNELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policyf es)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not Confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LMWE DNrACTInsurance Agent Information PHONE INSURANCE AGENT ISSUING CERTIFICATE I tnERn. - I FAX Nor ADDRESS ADDRESS:- INSURERIoI AFFORDING COVERAGE NAME INSURERA:A-VII or better, admitted carrier INSURED INSURERS: ENTITY INSURED INSURERC: ADDRESS INSURER o: INSURER E: ' INSURER F: , COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS • CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, • EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. • Non ADM OF INSURANCE AO DUBS POLICY EFF POLICY EXP OR TYPE YIYO POLICY NUMBER (MMIDUrnT Y) (MM OGIYYVY) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ U I O HEN I EL)COMMERCIAL GENERAL LIABILITY PREMISES S(Ea occurrence) S • I CLA MSMADE❑OCCUR MED EXP(My one person) $ • f PERSONAL EADV INJURY L GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIESI� PER PRODUCTS•COMPIOP AGO $ 7 POLICY n RG I 1 LOU S AUTOMOBILE LIABILITY COMBINED BINEIJacciden JANGLE LIMIT S J ANYAUTO BODILY INJURY(Per Anson) $ _ ALL OWNED —SCHEDULED AUTOS AUTOS BODILY INJURY(Pa accident)$ NON-OWNED PROPERTY DAMAGE $ _HIRED AUTOS _AUTOS (Per sodden!) $ UMBRELLA LIAB _OCCUR EACH OCCURRENCE $ _ EXCESS LMB CLAIMS-MADE AGGREGATE $ DED I I RETENTIONS $ WORKERS COMPENSATION I TORY LAI TIJ-I IOER AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERGEECUTIVE E.L EACH ACCIDENT $ VIN OFFCeVMENBER EXCLUDED) ❑ N/A inundatory In NNI E.L.DISEASE-EA EMPLOYEES I Eyes,desaiba Mdn " DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ $1,000,000 per claim A Professional ` Policy Number start stop $1,000,000 aggregate Liability date date $ 5,000 deductible DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101.Addllonel Remarks Schedule if more soave is required) (If a claims made form is:Shown, you should receive a certificate of insurance for three years after job is completed). The City of Yakima and the County of Yakima usually cannot be named as additional insureds. I I I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE City of Yakima/County of Yakima THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Purchasing Department ACCORDANCE WITH THE POLICY PROVISIONS. 129 N. 2nd Street AUTHORIZED REPRESENTATIVE Yakima, WA 98901 SIGNATURE 1 011988-2010 ACORD CORPORATION.All rights reserved. ACORD25(2010/05) The ACORD name and logo are registered marks of ACORD ) Page 51