Ordinance 19-021 Procurement Amendments CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO, 19-021
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING CHAPTERS 3.35, 3.40, 3.41, 3.42, 3.45, 3.46, AND 3.48 TO
COMPLY WITH AMENDMENTS ADOPTED BY THE 2019 STATE LEGISLATURE
RELATED TO PUBLIC WORKS AND TO AUTHORIZE THE CITY TO CONTRACT FOR
ROSTER SERVICES ASSOCIATED WITH PURCHASING REQUIREMENTS; AND OTHER
MATTERS RELATING THERETO.
WHEREAS, RCW Title 39 authorizes a city to adopt policies and procedures within its
jurisdiction for contracting and purchasing; and
WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code
provisions to provide for contracting and purchasing on behalf of the City; and
WHEREAS, in 2019, the Washington State Legislature adopted amendments to public works
procurement laws; and
WHEREAS, RCW 39.04.155, RCW 39.04,190, and chapter 39.80 RCW authorize the City to
award certain public works, consulting services, and vendor services through a roster process; and
WHEREAS,the City has determined that there are times when it may be in the best interest of the
City to contract with other entities to provide certain roster services.
NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as
follows:
Section 1. Intent. The City of Spokane Valley City Council declares that the intent of this Ordinance is
to amend Chapters 3.35, 3.40, 3.41, 3.42, 3.45, 3.46, and 3.48 to (1)comply with amendments adopted by
the Washington Legislature related to public works, and (2) to authorize the City to contract for certain
roster services associated with public works, consultant, and vendor services.
Section 2. Amendment. Chapter 3.35 is hereby amended as set forth in Exhibit A.
Section 3. Amendment. Chapter 3.40 is hereby amended as set forth in Exhibit A.
Section 4. Amendment. Chapter 3.41 is hereby amended as set forth in Exhibit A.
Section 5. Amendment. Chapter 3.42 is hereby amended as set forth in Exhibit A.
Section 6. Amendment. Chapter 3.45 is hereby amended as set forth in Exhibit A.
Section 7. Amendment. Chapter 3.46 is hereby amended as set forth in Exhibit A.
Section 8. Amendment. Chapter 3.48 is hereby amended as set forth in Exhibit A.
Section 9. Severability. If any part of this Ordinance is declared unenforceable, it shall not affect the
remainder.
Ordinance 19-021 Amending Public Works and Purchasing Codes Page 1 of 16
Section 10. Effective Date. This Ordinance shall become five days after the City shall publish the
Ordinance, or a summary thereof,in the official newspaper of the City.
Adopted this 17'1' day of December, 2019.
City o)pokane Valley •
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L.R.Higgins, • . o•
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hristine Bainbridge, City Clerk
Approved as to rrn:
Office oft- Ci A e
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Date of Publication: 12/2012019
Effective Date: 12/25/2019
Ordinance 19-021 Amending Public Works and Purchasing Codes Page 2 of 16
EXHIBIT A
Chapter 3.35
CONTRACT AUTHORITY
3.35.005 Definitions.
The terms defined in SVMC 3.35.005 shall apply to Chapters 3.35, 3.40, 3.41, 3.42, 3.45, 3.46,
3.47, 3.48, and 3.49 SVMC and shall have the following meanings:
"Architectural and engineering services" means professional services rendered by any person,
other than an employee of the City, contracting to perform activities within the scope of the
general definition of professional practice in Chapter 18.08, 18.43, or 18.96 RCW.
"Bid" means an offer submitted by a bidder to furnish services, labor, supplies, materials, goods,
equipment, and other property in conformity with the specifications, delivery terms, and
conditions, and other requirements included in the invitation for bids or otherwise required by
the City.
"Bid bond" means a bond or other appropriate bid proposal deposit as approved in advance by
the City, the purpose of which is to provide security to the City in the event the successful bidder
fails to enter into a contract with the City.
"Bidder" means a firm or individual who regularly maintains a place of business, transacts
business, solicits business, or maintains an inventory of merchandise for sale in, and whose
business is registered with, the City and who submits or has submitted a bid to the City.
"Bidding" means the procedure used to solicit quotations on price and delivery from prospective
suppliers of contractual services, materials, goods, and equipment which can be through either a
formal or informal competitive bid process.
"Capital equipment" means any equipment of the City having an initial value of$5,000 or more
and an estimated useful life of three or more years.
"Change orders" and "requests for additional work" mean a request for additional or alternative
services, work or procurement where there are changed conditions, a requirement that extra work
or service be performed, or such other circumstances that necessitate a modification to the
contract, and where such additional or alternative services, work, or procurement is in the best
interest of the City.
"City manager" means the city manager or designee.
"City property" means any property or equity interest in real or personal property held or owned
by the City.
"Consultant" means any person providing professional services to the City who is not an
employee of the City.
"Contractual services" means services provided by professional and general service contracts to
accomplish a particular project or service.
Exhibit A
"Person" means any individual, organization, group, association, partnership, firm,joint venture,
corporation, or any combination thereof.
"Public work" has the meaning set forth in RCW 39.04.010, as adopted or may be amended.
"Purchase" means the acquisition of supplies, materials, goods or equipment, and other property.
"Purchase order" means a written authorization calling on a vendor or supplier to furnish
supplies, materials, goods, equipment, and other personal property to the City with a promise for
payment to be made later.
"Purchasing agent" means a person who purchases supplies, materials, goods, equipment, and
other property on behalf of the City.
"Requisition" means a standard form providing detailed information as to quantity, description,
estimated price, possible vendors, fund account, signature, and other information necessary to
make purchasing decisions.
"Responsible bidder" means a bidder who meets the requirements set forth in RCW 39.04.350 as
adopted or may be amended. Additionally, a bidder shall prove by experience or information
furnished to the satisfaction of the city manager that current financial resources, production or
service facilities, service reputation and experience are adequate to make satisfactory delivery of
supplies of acceptable quality, equipment, or contractual services and who has not violated or
attempted to violate any provision of Chapter 3.35 SVMC. In addition to price, the City shall
take into account the following when determining the responsible bidder:
1. The ability, capacity, and skill of the bidder to perform the contract or provide the service
required;
2. The character, integrity, reputation,judgment, experience, and efficiency of the bidder;
3. Whether the contractor can perform the required work within the time specified by the
City;
4. Quality of the contractor's performance under previous contracts with the City or other
governmental entity; and
5. The previous and existing compliance by the contractor with laws relating to contracts or
services with the City.
The five supplemental criteria described above shall be included in the documents for all bids so
prospective bidders may be aware of such supplemental criteria. The City may include additional
supplemental criteria as provided in RCW 39.04.350 for particular projects as is determined
necessary.
"Lowest Responsible Bidder" means the responsible bidder who submits the lowest bid; or if all
of the criteria set forth in RCW 35.23.352(2) are met, the responsible bidder who submits the
second lowest bid,provided the bid is within five percent of the lowest bid and the second lowest
bidder meets the same criteria as the lowest bidder.
Exhibit A
3.35.010 Contract authority.
A. The city manager is authorized to enter into contracts, contract modifications, or change
orders without city council approval when the aggregate amount of the contract and all existing
contract amendments or change orders does not exceed the amount set forth in RCW 39.04.155
for small works, as adopted or amended; subject to any increases authorized pursuant to SVMC
3.35.010(C).
B. Any contract, contract amendment, and/or change order in excess of the city manager's
authority shall require prior approval of the city council.
C. On contracts for which prior city council approval is required and received, the city manager
shall have authority to execute any amendments or change orders which, when aggregated, are
less than 15 percent of the original contract amount, or up to the amount set forth in RCW
39.04.155 for small works, as adopted or amended, whichever is less.
D. The city council finance committee is authorized to approve change orders on short notice
that are in excess of the amounts authorized in SVMC 3.35.010(C), in circumstances where such
a change order is necessary to avoid a substantial risk of harm to the City. In such an event, the
city manager shall provide appropriate information to the city council at its next regular meeting
setting forth the factual basis for the action.
E. Change orders shall only be approved if they are for additional or alternative services,work or
procurements that are within the scope of purpose and intent of the original bid and contract.
3.35.020 Rules and policy.
The city manager may develop rules, policies, and procedures to implement Chapters 3.35
through 3.49 SVMC.
335.030 Administration.
Under the direction of the city manager, the contracting and purchasing procedures shall be
administered pursuant to Chapters 3.35 through 3.49 SVMC and other applicable laws, including
all applicable state and federal laws. The city manager shall have the responsibility to:
A. Administer and maintain the contracting process and the purchasing system according to the
rules and regulations established or authorized by applicable ordinances and statutes.
B. Coordinate the negotiation, purchase, and disposition of all City supplies, materials, and
equipment in consultation with City staff.
C. Seek to obtain a competitive price on all City contracts or purchases by bidding, submitting
requests for proposals and qualifications, using a small works roster, consultant roster, and
vendor list, or negotiating on such contracts or purchases as appropriate, unless otherwise
specifically excluded Chapters 3.35 through 3.49 SVMC.
D. Prescribe and maintain such administrative policies, procedures, and forms as are reasonably
necessary to implement Chapters 3.35 through 3.49 SVMC.
E. Coordinate the inspection of all City-purchased equipment to ensure conformance with
specifications.
Exhibit A
F. Ensure that the small works roster(s), consultant roster(s), vendors list(s), and other records
needed for the efficient operation of the purchasing system are maintained.
G. Maintain the property inventory and fixed asset systems of the City.
H. Determine the need for any routine preventive maintenance contracts on various pieces of
equipment, and establish and maintain said maintenance contracts.
I. Periodically prepare a comprehensive list of surplus, worn out, or obsolete City-owned
equipment. Items which cannot be used or reassigned to another department shall be
recommended for disposal pursuant to SVMC 3.49.020.
3.35.040 Prohibited practices.
The following types of purchasing and bidding practices are hereby prohibited and may result in
disqualification of the bid, proposal, or procurement quote:
A. Collusion among Bidders. Any agreement or collusion among bidders, prospective bidders,
vendors or prospective vendors to either buy or sell or fix prices in restraint of free competition.
Such bidders or vendors may be subject to exclusion from future bidding or procurement
processes with the City when determined by the city manager to be in the best interests of the
City.
B. Disclosure of Formal Bid Contents. Any disclosure of information contained in the sealed bid
prior to bid opening, unless otherwise required pursuant to law. Notwithstanding anything herein
to the contrary, all bids submitted by bidders taking advantage of any information revealed
contrary to SVMC 3.35.040 shall become null and void.
C. Gratuities. In accordance with high standards of behavior, the acceptance of any gift or
gratuity in the form of cash, merchandise, or any other thing of value by an official or employee
of the City from any bidder, vendor or contractor, or prospective bidder, vendor, or contractor.
D. Employee-Owned Businesses. Obtaining City goods or services from businesses in which
City officials, employees, or their immediate family members have a majority ownership interest
or otherwise exceed the "interests" standards pursuant to Chapter 42,23 RCW.
E. Sale of Materials and Supplies. The City acquiring goods or services for any private party, or
selling its materials or supplies to City officials, employees or the public except when such
materials have been declared surplus and disposed of pursuant to Chapter 3.49 SVMC.
Exhibit A
Chapter 3.40
COMPETITIVE BIDDING
3.40.005 Competitive bidding- General.
Washington state law governs competitive bidding requirements for public works. Chapters
3.40, 3.41, and 3.42 SVMC are specifically intended to comply with and be complementary to
applicable state law governing bidding requirements for and procurement of public works. To
the extent that any applicable SVMC provisions are in conflict with state law, state law shall
govern and control. Nothing herein shall excuse compliance with other applicable state laws.
3.40.010 Competitive bidding—Public work in excess of$350,000.
For public work contracts in excess of$350,000, or such amount as provided pursuant to RCW
39.04.155 as adopted or may be amended, the following competitive bid process shall be used.
When using federal funds,the City shall also comply with all mandatory federal requirements.
A. Publication of Notice. Sealed bids shall be invited by a single publication in a newspaper of
general circulation at least 13 days before the date and time set for receiving such bids, and shall
include an estimate of the probable cost, together with a description of the work, and shall state
that plans/specifications may be obtained from the City, and include the manner, place, date, and
time for submitting a bid to the City. The city clerk shall also post notice of the request in a
public place.
B. Rejection of Bids. The city manager may reject, without cause, any and all bids and may re-
advertise for bids pursuant to the procedures herein described. If no bids are received on the first
call or any subsequent re-advertisement, the city manager may negotiate a contract with a
contractor at the lowest cost possible to the City.
C. Performance and Payment Bonds. Before entering into a contract for any public work or work
by contract on which prevailing wage is required to be paid, regardless of the amount of such
contract except as provided below, a performance bond and a payment bond shall be required in
such amounts as are reasonably necessary to protect the best interests of the City and to ensure
complete, proper and full performance of the contract and full payment of all laborers,
mechanics, and subcontractors and material suppliers. A performance bond and a payment bond
shall be required on all public work projects pursuant to RCW 39.08.010 through 39.08.030, as
adopted or amended. Performance and payment bonds shall be released upon completion of all
necessary performance and payment conditions.
Pursuant to RCW 39.08.010, for certain public works and works by contract on which prevailing
wage is required to be paid, at the contractor's option, the City may, in lieu of requiring payment
and performance bonds, retain a percentage of the contract amount until the later of 30 days after
final acceptance or until receipt of all necessary releases from the Washington State Department
of Revenue, the Employment Security Department, and the Washington State Department of
Labor and Industries and settlement of any labor, material, or tax liens filed pursuant to Chapter
60.28 RCW. This option is only available for contracts at the amount set forth in RCW 39.08.010
as adopted or hereafter amended. The amount retained by the City shall be the amount as set
forth in RCW 39.08.010. Retainage in lieu of payment and performance bonds may only be used
Exhibit A
by the City for contracts when the requirement of bonds substantially increases the cost of the
contract.
D. Bid Bonds. As a condition of bidding, a bid bond in the amount of five percent of the bid
amount shall be required. Such bid bond shall be required on all formally bid public work
construction projects, and shall be due at such time as the bid is submitted to the City. When the
contract is let, all bid bonds shall be returned to the bidders except that of the successful bidder,
which shall be retained until a contract is entered into and a bond to perform the work furnished
as provided above. If the successful bidder fails to enter into the contract in accordance with the
bid within 10 days from the date at which the bidder is notified of bid award, the bid bond shall
be forfeited.
E. Bid Protest. This section shall apply to all public works bids. The City shall comply with the
bid request and bid protest procedures set forth in RCW 39.04.105, as adopted or amended.
F. Award of Bid. Except as otherwise provided herein, the City will accept the bid of the lowest
responsible bidder. If no proposals are received, City staff shall not be required to resubmit for
additional proposals, but may negotiate with any available contractor.
G. Award to Other Than Low Bidder. When the bid award is not given to the lowest responsible
bidder, a full and complete statement of the reasons shall be prepared by the city manager and
placed in the City file relating to the transaction.
3.40.020 Exemptions to competitive bidding requirements.
The following types of purchases are exempt from competitive bidding requirements. The factual
basis for any purchase deemed exempt pursuant to SVMC 3.40.020(A) through (C) shall be filed
with the contract with the city clerk and shall be open to public inspection.
A. Sole Source or Equipment Repair. Purchases which by their nature are not adapted to
competitive bidding, such as purchases which are clearly and legitimately limited to a single
source, and contracts to repair equipment owned by the City which may be more efficiently
accomplished by a certain person or firm with previous experience on the equipment.
B. Special Facilities or Market Conditions. Purchases involving special facilities or market
conditions that generally relate to acquisition of unique facilities that may be specially
manufactured or not otherwise generally available. Special market conditions may require
immediate acquisition based upon a favorable offer, including, but not limited to, liquidation
sales, public or private party offers, and similar circumstances where the acquisition can be
obtained at below-market value.
C. Emergency Public Work Projects. In the event that an emergency should arise which requires
immediate action on the part of the City to protect the health, safety, or welfare of the citizens of
the City and where it is not possible to timely adhere to the bidding practices set forth above, the
person authorized by state law or otherwise designated by the city council to act in the event of
an emergency may declare an emergency situation exists, waive competitive bidding
requirements, and award all necessary contracts to address the emergency situation. If a contract
is awarded pursuant to SVMC 3.40.020(C) without bidding due to an emergency, a written
finding of the existence of an emergency shall be made by the governing body or its designee
and duly entered of record no later than two weeks following the award of the contract.
Exhibit A
For purposes of SVMC 3.40.020(C), an emergency means unforeseen circumstances beyond the
control of the City that either: (1) present a real immediate threat to the proper performance of
essential functions; or (2) will likely result in material loss or damage to property, bodily injury,
or Ioss of life if immediate action is not taken.
D. Auction. The purchase of supplies, materials, or equipment not exceeding a cost of$200,000
through auctions conducted by the government of the United States or any agency thereof, any
agency of the state of Washington, any municipality or other government agency, or any private
party may be authorized by the city manager if the item may be obtained at a competitive cost.
E. Exchanges. By mutual agreement, the City may exchange supplies, materials, services, or
equipment with other public agencies.
Exhibit A
Chapter 3.41
SMALL WORKS ROSTER
3.41.010 Small works roster.
The city clerk shall maintain one or more small works rosters comprised of contractors who (A)
have requested to be on the roster, and (B) are properly licensed or registered to perform
contracting work in the state of Washington. The City Clerk may maintain the small works
roster(s) by (1) contracting with public or private entities to maintain such roster(s) on behalf of
the City, or (2) through compliance with the procedures set forth in this chapter. Use of a small
works roster by contract shall comply with the procedures set forth in state law. Use of a small
works roster by contract shall not excuse performance with any other contracting requirements of
this chapter or state law, such as requirements for performance and payment bonds.
A small works roster may be used in lieu of formal sealed competitive bid procedures to award
contracts for public work where the estimated cost of the work is $350,000 or less, or such other
amount as set forth in RCW 39.04.155 as adopted or amended. Small works rosters shall be
maintained pursuant to the laws of the state of Washington as now enacted or hereafter amended.
3.41.020 Creation of separate small works rosters.
The City may elect to establish small works rosters for different specialties or categories of
anticipated work with such rosters making distinctions between contractors based upon such
specialties or work.
3.41.030 Maintenance of small works roster.
Small works rosters shall be maintained as follows:
A. At least once per year, the city clerk shall publish in a newspaper of general circulation a
notice of the existence of the small works roster(s) and soliciting the names of contractors for
such small works roster(s). The city clerk shall place on each small works roster the names of
qualified contractors who respond to the published notice requesting to be included on each
small works roster. Thereafter, the city clerk shall add to each small works roster the names of
contractors who submit a written request and appropriate records.
B. In order to be included on a small works roster, the contractor shall supply information on a
contractor qualification form developed by the City. The contractor qualification form shall
include, at a minimum, the name, address, e-mail address and phone number of the contractor,
the contractor's Washington registration number, the contractor's insurance company, the
contractor's bonding company, and the contractor's area or areas of work.
3.41.040 Use of small works rosters.
A. The City may utilize a small works roster when seeking to construct any public work or
improvement with an estimated cost including labor, material, supplies, and equipment of
$350,000 or less, or such other amount as set forth in RCW 39.04.155 as adopted or may be
amended.
B. Procedures shall be established for securing quotations from contractors on the appropriate
small works roster to ensure that a competitive price is established and to award contracts to the
lowest responsible bidder, as provided in SVMC 3.41.040(C). Invitations for bids shall include
Exhibit A
the scope and nature of the work to be performed as well as materials and equipment to be
furnished. Detailed plans and specifications need not be included in the invitation. Quotations
shall be invited from all appropriate contractors on the appropriate small works roster.
C. When awarding a contract for work from a small works roster, the City shall award the
contract to the lowest responsible bidder. However, the City reserves the right under applicable
law to reject any or all bids and to waive procedural irregularities in the bid or bidding process.
D. The City may receive bids in writing, which may be submitted electronically. The time and
date of receipt shall be recorded to ensure all bids are presented in a timely fashion for review
and consideration. After expiration of the time and date for submission of all bids or quotations,
the City shall review the bids submitted and either offer a contract to perform the public work or
reject all bids. If no proposals are received, City staff shall not be required to resubmit for
additional proposals, but may negotiate with any available contractor.
E. The City shall comply with applicable state law requirements to equitably distribute bids to
qualified contractors.
F. Immediately after an award is made, the bid quotations obtained shall be recorded, open to
public inspection, and available by telephonic or electronic request.
G. The City shall post on the City's website a list of the contracts awarded pursuant to Chapter
3.41 SVMC at least once every year. The list shall contain the name of the contractor or vendor
awarded the contract, the amount of the contract, a brief description of the type of work
performed or items purchased under the contract and the date it was awarded. The list shall also
state the location where the bid quotations for these contracts are available for public inspection.
H. A contract awarded from a small works roster under Chapter 3.41 SVMC need not be
advertised in a legal newspaper of general circulation. Immediately after an award is made, the
bid quotations shall be recorded, open to public inspection, and available by telephone inquiry.
I. Performance and Payment Bonds. Before entering into a contract for any public work or work
by contract on which prevailing wage is required to be paid, regardless of the amount of such
contract except as provided below, a performance bond and a payment bond shall be required in
such amounts as are reasonably necessary to protect the best interests of the City and to ensure
complete, proper and full performance of the contract and full payment of all laborers,
mechanics, and subcontractors and material suppliers. A performance bond and a payment bond
shall be required on all public work projects, as provided for and in the manner set forth in RCW
39.08.010 through 39.08.030, as adopted or amended. Performance and payment bonds shall be
released upon completion of all necessary performance and payment conditions.
Pursuant to RCW 39.08.010, for certain public works and works by contract on which prevailing
wage is required to be paid, at the contractor's option, the City may, in lieu of requiring payment
and performance bonds, retain a percentage of the contract amount until the later of 30 days after
final acceptance or until receipt of all necessary releases from the Washington State Department
of Revenue, the Employment Security Department, and the Washington State Department of
Labor and Industries and settlement of any labor, material, or tax liens filed pursuant to Chapter
60.28 RCW. This option is only available for contracts at the amount set forth in RCW 39.08.010
Exhibit A
as adopted or hereafter amended. The amount retained by the City shall be the amount as set
forth in RCW 39.08.010. Retainage in lieu of payment and performance bonds may only be used
by the City for contracts when the requirement of bonds substantially increases the cost of the
contract.
Chapter 3.42
PUBLIC WORK CONTRACTS
3.42.010 Public work equal to or less than $75,000 for one trade and $116,155 for two or
more trades and greater than $25,000.
When entering into a contract for public work equal to or less than $75,000 if only one trade or
craft is involved, or $116,155 if two or more trades are involved, or such other maximum
amounts as set forth in RCW 35.23.352 as adopted or may be amended,but greater than $25,000,
the responsible department shall obtain three or more proposals for the public work required,
select the lowest responsible proposal, and maintain a record of the process followed.
Alternatively, the department may utilize the small works roster and process pursuant to Chapter
3.41 SVMC. If less than three proposals are received, City staff shall not be required to resubmit
for additional proposals, but shall select from the proposals submitted. If no proposals are
received, City staff shall not be required to resubmit for additional proposals, but may negotiate
with any available contractor.
3.42.020 Public work equal to or less than $25,000.
When entering into a contract for public work in an amount equal to or less than $25,000, the
responsible department is encouraged, but is not required, to use a competitive bidding process,
including obtaining three proposals pursuant to SVMC 3.42.010, or using the small works roster
and process pursuant to Chapter 3.41 SVMC. If a competitive process is not utilized, the
responsible department shall seek to achieve maximum quality at minimum cost by making an
award based on its experience and knowledge of the market.
3.42.030 Exception to selection processes.
If a situation should arise which requires immediate action on the part of the City to protect the
best interests of the City or the health, safety or welfare of the citizens of the City, and where it is
not possible to timely adhere to the procedures set forth in SVMC 3.42.010 and 3.42.020, the
selection procedures set forth in Chapter 3.42 SVMC may, with prior approval of the city
manager, be waived by the department director, and the contract may be awarded without
following the procedures set forth in SVMC 3.42.010 and 3.42.020. The circumstances giving
rise to such waiver shall be documented in writing.
3.42.040 Performance and payment bonds.
Before entering into a contract for any public work or work by contract on which prevailing
wage is required to be paid, regardless of the amount of such contract except as provided below,
a performance bond and a payment bond shall be required in such amounts as are reasonably
necessary to protect the best interests of the City and to ensure complete, proper and full
performance of the contract and full payment of all laborers, mechanics, and subcontractors and
material suppliers. A performance bond and a payment bond shall be required on all public work
Exhibit A
projects, pursuant to and in the manner set forth in RCW 39.08.010 through 39.08.030, as
adopted or amended. Performance and payment bonds shall be released upon completion of all
necessary performance and payment conditions.
Pursuant to RCW 39.08.010, for public works and works by contract on which prevailing wage
is required to be paid, at the contractor's option, the City may, in lieu of requiring payment and
performance bonds, retain a percentage of the contract amount until the later of 30 days after
final acceptance or until receipt of all necessary releases from the Washington State Department
of Revenue, the Employment Security Department, and the Washington State Department of
Labor and Industries and settlement of any labor, material, or tax liens filed pursuant to Chapter
60.28 RCW. This option is only available for contracts at the amount set forth in RCW 39.08.010
as adopted or hereafter amended. The amount retained by the City shall be the amount as set
forth in RCW 39.08.010. Retainage in lieu of payment and performance bonds may only be used
by the City for contracts when the requirement of bonds substantially increases the cost of the
contract.
Chapter 3.45
ARCHITECTURAL AND ENGINEERING SERVICES
3.45.010 Consultant roster for architectural and engineering services.
Annually, or in response to specific projects or work as set forth below, the City shall encourage,
through notice published in a newspaper of general circulation, architectural and engineering
firms to submit a statement of qualifications and performance data which can be used to select
firms that provide services to the City. The city clerk shall maintain the consultant roster for
architectural and engineering services, to be called the "consultant roster for architectural and
engineering services" or such other title as may be appropriate, and shall further maintain all
statements of qualifications submitted, all of which shall be available for public inspection.
Alternatively, the City Clerk may maintain the consultant roster by contracting with public or
private entities to maintain such roster(s) on behalf of the City. The city manager shall establish
procedures for the maintenance and use of the consultant roster.
3.45.020 Selection process — Consultant roster for architectural and engineering services
for contracts up to $100,000—Request for qualifications for contracts over $100,000.
A. For contracts up to $100,000, the City may use the consultant roster for architectural and
engineering services, or may use the formal request for qualifications process pursuant to
subsection B of this section to select a consultant.
B. For contracts over $100,000, the City shall, at least 13 days prior to contracting for
architectural or engineering services, publish a notice stating the specific project or scope of
work or announce generally the category or type of professional services required. The notice
shall contain the name and address of a City representative who can provide information and
details on the request for qualifications or request for proposals.
Exhibit A
3.45.030 Procurement of architectural and engineering services.
A. The City shall utilize the following process for procurement of architectural and engineering
services:
1. If the City elects to use the consultant roster for architectural and engineering services, the
City shall review the current statements of qualifications on file with the city clerk, and shall
conduct discussions with one or more firms regarding anticipated scope of services and the
consultant's ability to provide such services. If the City elects to use a combination of
consultants from the consultant roster for architectural and engineering services and a more
formal request for qualifications process, the City shall review both current statements on
file and statements submitted in response to the notice for the request for qualifications.
2. If the City elects to use the more formal request for qualifications process, the City shall
review statements submitted in response to the notice pursuant to SVMC 3.45.020(B) and
shall conduct discussions with one or more fnms regarding anticipated scope of services and
the consultant's ability to provide such services.
3. The City may conduct interviews with the top three qualified consultants on non-federally
funded projects. The City shall conduct interviews with the top three qualified consultants on
federally funded projects.
B. The City shall select the most highly qualified firm to provide the services based upon the
criteria set forth below and in the request. The evaluation criteria include, but are not limited to:
1. The ability of the firm to provide the requested services;
2. The scope of work or methods to furnish the services;
3, Qualifications, experience, and references;
4. Performance under previous contracts with the City; and
5. Such other information as deemed relevant.
After identification of the most highly qualified fine, the City shall request a fee proposal from
the firm and thereafter proceed to negotiate a contract at a price which is determined by the City
to be fair and reasonable. In making this determination, the City shall evaluate the estimated
value of the services, the scope, complexity, and nature of the request. If the City is unable to
negotiate a fair and reasonable price for services, negotiations shall be terminated and the next
most qualified firm shall be selected.
C. When the parties have reached a fair and reasonable price, and depending upon the amount of
the contract, the city manager, or when appropriate the city council, shall review and, if they so
choose, authorize the contract. During the negotiation process, the selected firm shall not contact
any member of the city council to discuss the fee for services unless otherwise authorized.
The City reserves the right to cancel any request for qualifications or proposals. The request for
qualifications or proposals shall not be deemed an offer of contract nor shall any firm be entitled
to recover any cost associated with preparing a response.
Exhibit A
3.45.040 Emergency and limitation.
Nothing contained herein shall limit or prevent the City from procuring architectural or
engineering services in the event of an emergency. This chapter shall be expressly limited to the
professional services identified herein.
Chapter 3.46
NON-ARCHITECTURAL AND ENGINEERING SERVICES
3.46.010 Contracts for services.
A. Chapter 3.46 SVMC shall not apply to architectural and engineering services, the
procurement of which is governed by Chapter 3.45 SVMC.
B. When entering into a contract for services where the contract is (1) expected to exceed
$100,000 or (2) expected to be greater than $15,000 and expected to be effective for more than
one year, a competitive selection process shall be used. This process may include a "request for
qualifications" or "request for proposals" process or formal competitive bidding procedures
pursuant to SVMC 3.40.010.
C. When entering into a contract for services where the contract is not expected to exceed
$100,000, is expected to be greater than $15,000, and is not expected to be effective for more
than one year, the responsible department shall obtain three or more proposals for the services
required, select the lowest responsible proposal, and maintain a record of the process followed.
The responsible department may use the consultant roster pursuant to SVMC 3.46.020 to obtain
proposals.
D. When entering into a contract for services where the contract is not expected to exceed
$15,000, the responsible department is encouraged, but is not required, to use a competitive
selection process, such as obtaining three proposals pursuant to SVMC 3.46.010(C). If a
competitive process is not utilized, the responsible department shall seek to achieve maximum
quality at minimum cost by making an award based on its experience and knowledge of the
market.
3.46.020 Consultant roster for non-architectural and engineering services.
Annually, or in response to specific projects or work as set forth above, the City shall encourage,
through notice published in a newspaper of general circulation, non-architectural and engineering
firms to submit a statement of qualifications which can be used to select firms that provide
services to the City. The city clerk shall maintain the consultant roster for non-architectural and
engineering services, to be called the "consultant roster for non-architectural and engineering
services" or such other title as may be appropriate, and further shall maintain all statements of
qualifications submitted, all of which shall be available for public inspection. Alternatively, the
City Clerk may maintain the consultant roster by contracting with public or private entities to
maintain such roster(s) on behalf of the City. The city manager shall establish procedures for the
maintenance and use of the consultant roster for non-architectural and engineering services.
Exhibit A
3.46.030 Exception to selection processes.
A. Notwithstanding SVMC 3.46.010 and 3.46.020, when contracting for services which have
historically and traditionally been considered professional services, such as attorneys and
accountants, the responsible department may, when determined to be in the best interest of the
City, obtain such services by negotiation without going through a competitive procurement
process. Such services significantly rely upon the quality of expertise provided, rather than the
cost of service.
B. If a situation should arise which requires immediate action on the part of the City to protect
the best interests of the City or the health, safety or welfare of the citizens of the City, and where
it is not possible to timely adhere to the procedures set forth in SVMC 3.46.010, the selection
procedures set forth in Chapter 3.46 SVMC may, with prior approval of the city manager, be
waived by the department director, and the contract may be awarded without following the
procedures set forth in SVMC 3.46.010. The circumstances giving rise to such waiver shall be
documented in writing within 14 days.
Chapter 3.48
VENDOR LIST—PURCHASE ORDERS
3.48.010 Use of vendor list.
A vendor list is authorized and maintained for the purchase of goods, equipment, and supplies in
an amount less than $40,000. The vendor list shall be maintained by the city clerk.
3.48.020 Advertising for vendor list.
At least annually, the City shall publish in a newspaper of general circulation a notice of the
existence of a vendor list for purchases of goods, equipment, and supplies and solicit the names
of vendors who wish to be added to the list. Alternatively, the City Clerk may maintain the
vendor list by contracting with public or private entities to maintain such list(s) on behalf of the
City. The city manager shall establish policies and procedures to ensure that a competitive price
is established and for purchasing from the vendor list.
3.48.030 Purchase orders.
Purchase orders shall be used for the purchase of goods, equipment, and supplies with a
cumulative cost of$1,000 or more per purchase. The responsible department shall receive prior
written approval from the city manager for the use of a purchase order to purchase goods,
equipment, and supply items in an amount greater than$20,000. All purchase orders shall be
accompanied by any applicable vendor bid or quote documentation. No purchase order is
required for the purchase of assets or consumable goods when required as part of preapproved
projects, for services, or for utility payments by the City. The city manager shall establish
policies and procedures governing the use of purchase orders.
Exhibit A