RES NO. 2019-24 UPDATING THE CITY’S PROCUREMENT POLICYRESOLUTION NO. 2019-24
A RESOLUTION of the City Council of Bainbridge Island,
Washington, updating the City's Procurement Policy.
WHEREAS, on June 14, 2016, the City Council approved Resolution No. 2016-14,
adopting the City's Procurement Policy for the City; and
WHEREAS, on May 22, 2018, the City Council approved Resolution No. 2018-16,
updating the City's Procurement Policy; and
WHEREAS, on February 12, 2019, the City Council approved Resolution No. 2019-04,
updating the City's Procurement Policy; and
WHEREAS, the City's Procurement Policy serves as a guide for the community and the
City's staff and officers; and
WHEREAS, the City Council now desires to update the City's Procurement Policy to
reflect recent changes in state law (i.e., Chapter 434, Laws of 2019), clarify certain sections, and
adjust certain cost thresholds.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND
DOES RESOLVE AS FOLLOWS:
Section 1. The procurement policy adopted by Resolution No. 2019-04 is hereby
repealed in its entirety and replaced as shown on Exhibit A, which is attached hereto and
incorporated herein by this reference as if set forth in full.
PASSED by the City Council this 8th day of October, 2019.
APPROVED by the Mayor this this 8th day of October, 2019.
By: �-
K Medrna, Mayor
ATTEST/AUTHENTICATE:
By:
Chri �-5e- Brown, CM , y Clerk
FILED WITH THE CITY CLERK: September 20, 2019
PASSED BY THE CITY COUNCIL: October 8, 2019
RESOLUTION NO. 2019-24
Page 1 of 1
Exhibit A
CITY OF
BAINBRIDGE ISLAND
PROCUREMENT POLICY
Effective Date: October 8, 2019
Resolution No. 2019-24
Page 1 of 40
Contents
I.
GENERAL.. .......................................................................................................................................... 5
1.1
Purpose .....................................................................................................................................5
1.2
Objectives......................................................................................................................................5
1.3
Scope.............................................................................................................................................5
1.4
Controlling Laws............................................................................................................................6
2.0
DETERMINING TOTAL PURCHASE COST.............................................................................................7
2.1
Use Anticipated Cost.....................................................................................................................7
2.2
No "Bid Splitting............................................................................................................................7
2.3
Costs to include.............................................................................................................................7
2.4
Include Total Quantity Needed.....................................................................................................7
2.5
Multiphase Projects.....................................................................................................................7
3.0
CONTRACT APPROVAL LEVELS..........................................................................................................8
3.1
Equipment, Supplies, & Materials (Unrelated to a Public Works Project)....................................8
3.2
Professional Services.....................................................................................................................8
3.3
Non -Professional Services (Purchased Services)..........................................................................8
3.4
Public Works Projects (Including Related Materials, Supplies, and Equipment)..........................9
4.0
Equipment, Supplies, & Materials (Unrelated to a Public Works Project) and Non -Professional
Services (Purchased Services).....................................................................................................................10
4.1
$15,000 OR LESS — Direct Negotiation........................................................................................10
4.2
$15,001 TO $50,000 — 3 Minimum Quotes..............................................................................
10
4.3
$50,001 or More — Competitive Quotes.....................................................................................11
4.4
Alternative Methods of Procurement and Purchasing...................................................................11
4.5
Environmentally -Friendly Purchasing............................................................................................11
5.0
PUBLIC WORKS PROJECTS...............................................................................................................13
5.1
Defining Project Cost...................................................................................................................13
5.2
Bid Requirements........................................................................................................................13
5.3
$0 to $50,000 — Limited Public Works Process...........................................................................14
5.4
$50,001 to $350,000 — Five Bids from the Small Works Roster..................................................15
5.5
$350,001 or Greater— Formal Competitive Bidding Required....................................................15
5.6
Small Works Roster Process.........................................................................................................16
5.7
Limited Public Works Process.....................................................................................................16
Page 2 of 40
5.8 Unit Price Contracts...................................................................................................................16
5.9 Public Works Performed by City Employees...............................................................................17
5.10 Prevailing Wages.........................................................................................................................17
5.11 Performance and Payment Bonds...............................................................................................17
5.12 Public Works Over $1 Million......................................................................................................17
5.13 Construction Change Orders.......................................................................................................17
5.14 Project Acceptance......................................................................................................................17
6.0 FORMAL COMPETITIVE BIDDING PROCEDURES..............................................................................19
6.1 Public Notice..............................................................................................................................19
6.2 Bid Specifications........................................................................................................................19
6.3 Award......................................................................................................._ ....................._....20
6.4 Cancellation.................................................................................................................................21
6.5 Submittal of Bids.........................................................................................................................21
6.6 Bid Security............................................................,.............................................,.......................22
6.7 Non -Collusion Affidavit...............................................................................................................22
7.0 PROFESSIONAL SERVICES................................................................................................................23
7.1 Competitive Process....................................................................................................................23
7.2 Consultant Solicitation......................................................................,........................................23
8.0 ARCHITECTURAL, ENGINEERING, AND SURVEYING SERVICES........................................................26
8.1 Annual Roster..............................................................................................................................26
8.2 Contract Negotiations.................................................................................................................26
9.0 CONTRACT AMENDMENTS..............................................................................................................27
10.0 COMPETITIVE BIDDING EXEMPTIONS AND EMERGENCIES............................................................28
11.0 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENTS.............................................29
12.0 VENDOR RELATIONS........................................................................................................................30
12.1 Code of Ethics..............................................................................................................................30
12.2 Quote or Bid Revisions................................................................................................................30
12.3 Samples.......................................................................................................................................30
12.4 Local Business Participation........................................................................................................30
13.0 BID PROTESTS..................................................................................................................................31
13.1 Requests for Copies of Bids Received by City.............................................................................31
13.2 Procedure for Submission of a Bid Protest.................................................................................31
13.3 Consideration of a Bid Protest....................................................................................................32
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14.0 SALE OR DISPOSAL OF CITY PERSONAL PROPERTY.........................................................................33
14.1 Authorization...............................................................................................................................33
14.2 Sale versus Disposal....................................................................................................................33
14.3 Trade-Ins.....................................................................................................................................33
14.4 Public Notice of Sale....................................................................................................................33
14.5 Conflict of Interest.......................................................................................................................34
14.6 Inventoried Items........................................................................................................................34
15.0 ADDITIONAL SIGNING AUTHORITY..................................................................................................35
15.1 Grants.........................................................................................................................................35
15.2 Interlocal Agreements.................................................................................................................35
15.3 Real Property...............................................................................................................................35
15.4 Settlement Authority..................................................................................................................36
16.0 COMPLIANCE WITH POLICY.............................................................................................................37
17.0 SUMMARY OF PURCHASING GUIDELINES.......................................................................................38
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I. GENERAL
1.1 PURPOSE
This document is intended to direct the procurement of goods and services at a reasonable cost.
An open, fair, documented, and competitive process is to be used whenever reasonable and
possible. The integrity, efficiency, and effectiveness of the City's procurement processes are critical
elements of sound government.
1.2 OBJECTIVES
The objectives of the City's Procurement Policy are as follows:
• To provide a uniform system to obtain supplies, materials, equipment, and services in an
efficient and timely manner,
• To facilitate responsibility and accountability with the use of City resources;
• To ensure equal opportunity and competition among vendors and contractors;
• To promote effective relationships and clear communication between the City and its
vendors and contractors;
• To comply with State procurement statutes governing expenditures of public funds;
• To promote use of recycled materials and products and dispose of surplus and scrap
materials with regards to cost savings and the environment.
1.3 SCOPE
These guidelines apply to purchases of:
• Supplies, materials, and equipment
• Professional services (including architectural and engineering services)
• Non-professional services (purchased services)
• Public works projects
The guidelines do not apply to the acquisition, sale, or lease of real property, except as described
in Section 15.3.
If grant or debt funding is involved in the proposed purchase, applicable requirements should be
obtained from the funding agency. Such requirements may be more restrictive than the City's
policy.
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1.4 CONTROLLING LAWS
All procurements shall comply with appropriate and relevant Federal, State, and City laws and
policies. If the appropriate and relevant Federal or State laws, regulations, grants, debt, or
requirements are more restrictive than this Procurement Policy, such laws, regulations, grants, debt,
or requirements must be followed.
The City Attorney shall be consulted when questions regarding potential conflicts arise. Applicable
laws and regulations will be cited throughout this document.
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2.0 DETERMINING TOTAL PURCHASE COST
2.1 USE ANTICIPATED COST
The anticipated need for a good or service (when it can reasonably be projected) shall be used to
determine the cost of that good or service, and thus which contract approval level, cost threshold,
or other related purchasing requirements apply.
2.2 NO "BID SPLITTING"
Procurements of goods or services shall not be divided to come up with a lower total cost to
avoid contract approval levels or competition requirements contained in this Procurement Policy
or in state or federal law. For example, if one item being purchased requires another item to
"make a whole," the total accumulated costs of the two items (when they can reasonably be
projected) should be considered together to determine which approval level and cost threshold
apply, unless the two items are not available from a single vendor.
2.3 COSTS TO INCLUDE
Include costs such as taxes, freight, and installation charges when determining which cost threshold
applies. Do not include the value of a trade-in. Trade-in value should be considered, however, to
determine the lowest bid when competitive bidding is used.
2.4 INCLUDE TOTAL QUANTITY NEEDED
Requirements for the total quantity of an item (when they can be reasonably projected) should be
considered when determining which cost threshold and related purchasing requirements apply.
2.5 MULTIPHASE PROJECTS
If a project is to be completed in phases, the total accumulated cost for all phases should be
considered when determining which cost threshold applies.
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3.0 CONTRACT APPROVAL LEVELS
These approval levels are designed for contracts whose costs are covered by budget
appropriations previously approved by the City Council. Contracts requiring additional
appropriations must be approved by the Council.
3.1 EQUIPMENT, SUPPLIES, & MATERIALS (UNRELATED TOA PUBLIC
WORKS PROJECT)
3.1.1 $15,000 or Less
Purchases in this price range are to be approved by the Department Director,
3.1.2 $15,001 to $50,000
Purchases in this price range are to be approved by the City Manager.
3.1.3 $50,001 or More
Purchases in this price range are to be approved by the City Council.
3.2 PROFESSIONAL SERVICES
3.2.1 $50,000 or Less
Contracts in this price range are to be approved by the City Manager.
3.2.2 $50,001 or More
Contracts in this price range are to be approved by the City Council,
3.3 NON-PROFESSIONAL SERVICES
(PURCHASED SERVICES)
3.3.1 $15,000 or Less
Contracts in this price range are to be approved by the Director.
3.3.2 $15,001 to $50,000
Contracts in this price range are to be approved by the City Manager.
3.3.3 $50,001 or More
Contracts in this price range are to be approved by the City Council.
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3.4 PUBLIC WORKS PROJECTS (INCLUDING RELATED MATERIALS,
SUPPLIES, AND EQUIPMENT)
3.4.1 $20,000 or Less
Contracts in this price range are to be approved by the Public Works Director.
3.4.2 $ 20,001 to $50,000
Contracts in this price range are to be approved by the City Manager.
3.4.3 $50,001 or More
Contracts in this price range are to be approved by the City Council.
Page 9 of 40
4.0 EQUIPMENT, SUPPLIES, & MATERIALS (UNRELATED TOA PUBLIC
WORKS PROJECT) AND NON-PROFESSIONAL SERVICES (PURCHASED
SERVICES)
The following cost thresholds apply for procurements of non-professional services and purchases
of supplies, materials, and equipment unrelated to a public works project. .
Refer to Section 10.0 in situations involving competitive bidding exemptions or emergency purchases
of equipment, supplies, & materials.
Non-professional services, referred to as "purchased services" by the Municipal Research and
Services Center (MRSC), are for routine and continuing functions, mostly related to physical
activities that:
• Follow established or standardized procedures
• Contribute to the day-to-day business operations
• Completion of assigned and specific tasks
• Require only routine decisions
• May require payment of prevailing wages
Examples include delivery services, landscaping and janitorial services, vehicle inspection and repair
services, HVAC system maintenance, and office furnishings installation and repair service. Consult
with the City Attorney prior to contracting for these services for advice on bidding and prevailing
wage requirements.
4.1 $15,000 OR LESS -DIRECT NEGOTIATION
Procurements or purchases in this price range may be entered through direct negotiation.
Competition is not required, though departments should still make every effort to receive the best
price possible. Award of a contract will be based on qualifications and price. Documentation (e.g.,
date, time, vendor contract name, phone #, email of applicant) on all quotes must be retained to
the extent required under state law.
4.2 $15,001 TO $50,000 - 3 MINIMUM QUOTES
For procurements or purchases in this price range, it is recommended that at least three quotes be
obtained when possible. Quotes may be obtained by telephone or in writing (electronic submittals
are ok). Documentation (e.g., date, time, vendor contract name, phone #, email of applicant) on all
quotes must be retained to the extent required under state law.
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4.3 $50,001 OR MORE— COMPETITIVE QUOTES
For purchases in this price range, competitive quotes should be solicited from at least 3 vendors.
Quotes submitted by each vendor do not need to be sealed but shall be in writing only (electronic
submittals are ok). A bid security may be required in an amount and type approved by the Public
Works Director. Award of a contract will be based on qualifications and price. Documentation
(e.g., date, time, vendor contract name, phone #, email of applicant) on all quotes must be retained
to the extent required under state law.
4.4 ALTERNATIVE METHODS OF PROCUREMENT AND PURCHASING
If applicable, the City may utilize any one of the following methods as an alternative to the
requirements of sections 4.1, 4.2, and 4.3 above.
4.4.1 Auctions
RCW 39.30.045 allows for the purchase of any supplies or equipment at auctions rather
than through competitive bidding, if the items can be obtained at a competitive price. This
authority allows the City to make a purchase on an internet-based auction service, such as
eBay, as well as through in-person auctions. The City may also use federal, state, or local
governmental auctions.
4.4.2 Purchasing Surplus Property from Other Governmental Agencies
RCW 39.33.0 10 allows for the purchase of surplus property from other governmental
agencies without regard to bid laws.
4.4.3 Contracting for Services with Other Governmental Agencies
RCW 39.04.080 authorizes one public agency to contract with another public agency to
perform any function which each agency is authorized by law to perform itself.
4.5 ENVIRONMENTALLY -FRIENDLY PURCHASING
4.5.1 Where appropriate environmentally -friendly products are available and reasonably
priced compared to competing products, such environmentally -friendly products are to be
purchased by the City. Environmentally -friendly products may include, but are not limited
to, products that are: less toxic or hazardous, energy and water efficient, recyclable or
made from recycled content or renewable resources, bio -based, sustainably certified, or
shipped or made with reduced packaging.
4.5.2 Pursuant to Resolution No. 2016-1 1, the City will not purchase landscaping
materials, including plants and seeds, that have been treated with neonicotinoids, except for
use in: (a) a well-defined research study; or (b) when the life or health of a valuable or
significant tree is threatened and neonicotinoid application is the least environmentally
impactful option.
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4.5.3 Pursuant to Chapter 16.30 BIMC, the City will not purchase any pesticide, except
for those included on the Least Toxic Products List established by Resolution 2003-23 or
subsequent resolutions of the City Council.
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5.0 PUBLIC WORKS PROJECTS
As defined in RCW 39.04.010, public works include all work, construction, alteration, repair, or
improvement (other than ordinary maintenance and professional services associated with the public
works project) executed at the City's cost, or which is by law a lien or charge on any property
therein.
5.1 DEFINING PROJECT COST
The cost of a public works project includes the costs of materials, supplies, equipment, and labor
on the construction of that project. Section 2.0 of this manual provides additional guidance on
determining project cost.
5.2 BID REQUIREMENTS
Pursuant to RCW 35A.40.210, procedures for any public work undertaken by the City is governed
by RCW 35.23.352, which requires the City to call for bids whenever the cost of a public work will
exceed $116,155, if more than one craft or trade is involved. If only a single craft or trade is
involved, or if the project is for street signalization or street lighting, bids must be called for if the
cost is greater than $75,500. RCW 35.23.352 also authorizes the City to utilize, at the City's
discretion, the small works roster process outlined in RCW 39.04.155, described in more detail in
Section 5.6 below.
In accordance with these provisions of state law, the following cost thresholds and bidding
procedures apply when the City is soliciting bids for a public works project:
5.3 $0 TO $50,000 — LIMITED PUBLIC WORKS PROCESS
If the estimated cost of the public works project is $0 to $50,000 and the City determines that the
work should be performed by contract, the City shall utilize the limited public works process
outlined in RCW 39.04.155(3) and described in Section 5.7.
5.4 $50,001 TO $350,000 — FIVE BIDS FROM THE SMALL WORKS ROSTER
If the estimated cost of the public works project is $50,001 to $350,000, then the City shall solicit
five written bids from the small works roster in accordance with the procedure set forth in RCW
39.04.155(2), which procedure is described in more detail in Section 5.6.
If the estimated cost of the public works project is $250,000 to $350,000, then, in accordance with
RCW 39.04.155(2)(c), the City must provide notice to the remaining contractors on the small
works roster that bids are being sought. The notice can be made by:
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* Publishing notice in a legal newspaper in general circulation in the area where the work is
to be done; or
* Mailing a notice to these contractors; or
* Sending a notice to these contractors by electronic means such as email or fax.
If the estimated cost of the public works project is $250,000 or greater and funded in whole or in
part by Federal funds, then the formal competitive bidding process outlined in Section 6.0 is
required. This threshold is set by the federal government at 2 CFR § 200.88 and 48 CFR § 2.101
("Simplified acquisition threshold") and is subject to periodic adjustment for inflation pursuant to
41 U.S.C. § 1908.
5.5 $350,001 OR GREATER — FORMAL COMPETITIVE BIDS REQUIRED
If the estimated cost of the public works project is $350,001 or greater, then the formal
competitive bidding process outlined in Section 6.0 is required.
5.6 SMALL WORKS ROSTER PROCESS
Under RCW 35.23.352 and RCW 39.04.155, the City is authorized to use the small works roster
process to award public works contracts estimated to cost less than $350,000. As described in
Section 5.4 above, the City will use the small works roster process outlined in RCW 39.04.155(2)
to award contracts for public works projects estimated to cost between $50,001 and $350,000,
except as otherwise stated in Section 5.4.
Under RCW 39.04.155, a small works roster consists of all responsible contractors who have
requested to be listed and are properly licensed or registered to perform such work in the State of
Washington. As an alternative to creating and maintaining the City's own small works roster for
construction of public works projects, the City Manager is authorized to enter into agreements
with the Municipal Research and Services Center (MRSC) or any other agency for use of their
small works roster, as long as such small works rosters are in compliance with the latest State of
Washington rules, regulations, requirements, and laws regarding the establishment, maintenance,
and use of small works rosters for public works projects.
A contract awarded from a small works roster need not be advertised. Invitations for quotations
shall include an estimate of the scope and nature of the work to be performed, as well as materials
and equipment to be furnished. However, detailed plans and specifications need not be included
in the invitation. This does not eliminate other requirements for architectural or engineering
approvals as to quality and compliance with building codes.
The Public Works Director shall post a list of the contracts awarded using the small works roster
at least once a year. The list shall contain the names of the contractors awarded the contracts, the
amount of the contracts, a brief description of the type of work performed under the contracts,
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and the date the contracts were awarded. The list shall also state the location where the bid
proposals for the contracts are available for public inspection.
5.7 LIMITED PUBLIC WORKS PROCESS
As stated in Section 5.3, the City shall use the limited public works process to award contracts for
public works projects with an estimated cost of $0 to $50,000.
The limited public works process is a type of small works roster process that applies only to public
works projects estimated to cost less than $50,000. To use this process, the City must solicit
electronic or written quotations from a minimum of three contractors from the appropriate small
works roster. The City may waive the payment and performance bond requirements of Chapter
39.08 RCW and the retainage requirements of Chapter 60.28 RCW. Staff shall consult the City
Attorney's Office prior to waiving either of these requirements. The City must also comply with all
requirements specified under RCW 39.04.155(3) regarding the limited public works process.
5.8 UNIT PRICE CONTRACTS
Under RCW 35.23.352(13), the City is authorized to procure public works with a unit priced
contract, also known as an "On -Call" public works contract. Unit priced contracts allow the City to
contract for anticipated types of public works projects on a recurring basis, where the contractor
agrees to supply an indefinite quantity of work at a defined unit price over a fixed period of time.
Unit price contracts are executed for an initial contract term not to exceed three years. However,
there is an option of extending the contract for one additional year.
Unit priced contracts must be awarded to the lowest responsible bidder, and unit price contractors
must pay prevailing wages in accordance with RCW 35.23.352(13)(e). The City shall comply with
all of the requirements of RCW 35.23.352(13) when soliciting bids for and awarding unit price
contracts.
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5.9 PUBLIC WORKS PERFORMED BY CITY EMPLOYEES
RCW 35.23.352(1) allows City employees to perform public works projects as long as the
project's estimated cost is lower than the bidding limits ($75,500 single craft/trade or $
1 16,155multiple craft/trade).
Work performed within the City by other public employees under an interlocal agreement shall
also be included in these limits.
The City is required to provide a report to the state auditor of the costs of all public works in
excess of $5,000 that are not let by contract (RCW 35A.40.200 and 35.23.352(4)). For any
project using City employees in excess of $25,000, the City must publish a description of the
project and its estimated cost in the official newspaper at least fifteen days before beginning the
work (RCW 39.04.020), except that in circumstances where an emergency is declared, publication
of the description and estimate may be made within seven days after the commencement of the
work. .
5.10 PREVAILING WAGES
The City is required by RCW 39.12.040 to require contractors to pay prevailing wages on all public
works contracts.
A "Statement of Intent to Pay Prevailing Wages" must be received from a contractor before any
payment is made, and an "Affidavit of Wages Paid" must be received following final acceptance of
the work. As for RCW 60.28.01 1, all projects funded with Federal transportation funds (whole or
in part), must have an "Affidavit of Wages Paid" submitted to the City prior to final acceptance of
the project.
5.11 PERFORMANCE AND PAYMENT BONDS
Under RCW 39.08.010, payment and performance bonds are required for every public works
contract, except as described below. This ensures that the job will be completed and that all
workers, vendors, and subcontractors will be paid.
The bonds shall be executed by a surety company authorized to do business in Washington State,
in an amount equal to 100% of the price specified in the contract. The bonds shall be issued on a
form approved by the City Attorney's Office.
Payment and Performance bonds are required on small works roster projects. However, for small
works roster projects estimated to cost $150,000 or less, the City is allowed, at the option of the
contractor, to forego requiring payment and performance bonds and instead retain 10% of the
contract for 30 days after final acceptance, or until receipt of all necessary releases from the
Department of Revenue, Department of Labor & Industries, and Employment Security
Department, and settlement of any liens filed under Chapter 60.28 RCW, whichever is later (RCW
Page 16 of 40
39.08.010(3). The intent of this exception is to assist small contractors who may have difficulty
securing bonds.
The City may waive the payment and performance bond requirements of Chapter 39.08 RCW
and the retainage requirements of RCW 60.28.01 1(1)(a) for contracts awarded through the
limited public works process, described in Section 5.7. The City may waive the retainage
requirements of RCW 60.28.01 1(1) (a) for contracts awarded through the small works roster
process, described in Section 5.6.
RCW 39.08.015 subjects the City to claims of laborers, materialmen, subcontractors, and
mechanics if the required payment and performance bonds are not obtained.
Under RCW 60.28.01 1(1)(b), the City is prohibited from withholding retainage on public works
projects funded in whole or in part by federal transportation funds. Instead, agencies must rely on
the contractors payment and performance bonds.
5.12 PUBLIC WORKS OVER $1 MILLION
Under RCW 39.30.060, for all public works projects expected to cost one million dollars or more,
the City must require each prime contract bidder to submit as part of the bid, or within one hour
after the published bid submittal time, the names of the subcontractors with whom the bidder, if
awarded the contract, will subcontract for performance of the work of. HVAC (heating, ventilation,
and air conditioning); plumbing as described in chapter 18.106 RCW; and electrical as described in
chapter 19.28 RCW, or to name itself for the work. Failure of the prime contract bidder to submit
as part of the bid the names of such subcontractors or to name itself to perform such work or the
naming of two or more subcontractors to perform the same work shall render the primare
contract bidders bid nonresponsive and, therefore, void.
5.13 CONSTRUCTION CHANGE ORDERS
Change orders are to be approved in accordance with the cost thresholds outlined in this section,
provided that the changes do not increase the project's cost in excess of previously approved
budget appropriations.
The City Council must approve any change order that increases a project's cost beyond previously
approved budget appropriations.
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5.13.1: Public Work Contract total remains below $350,000 — Change orders are to
be approved by the City Manager.
5.13.2: Public Work Contract total moves to $350,000 or more, but the total
cumulative amount of change orders is 10% or less — Change orders are to be
approved by the City Manager.
5.13.3: Public Work Contract total moves to $350,000 or more and the total
cumulative amount of change orders is more than 10% — Council must authorize the
City Manager to approve the revised contract.
In the event unforeseen conditions necessitate an immediate change to avoid a contractors claim
against the City for delays, the City Manager may authorize and direct work irrespective of the
limits above, provided any work change directive issued in excess of the City Managers authority
shall be incorporated into a change order and presented to the City Council as soon as practicable.
5.14 PROJECT ACCEPTANCE
At the completion of a public works project, as confirmed by the Director of Public Works or
designee, the City Manager is authorized to accept the work.
The Director of Public Works, Director of Planning and Community Development, and the Director
of Finance, or their designees, are further authorized to sign exoneration and release forms for bonds
and other security devices submitted with respect to project completion.
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6.0 FORMAL COMPETITIVE BIDDING PROCEDURES
6.1 PUBLIC NOTICE
Whenever the cost of the public work or improvement, including materials, supplies, and
equipment, will exceed the amounts outlined in RCW 35.23.352(1), the same shall be done by
contract. All such contracts shall be let at public bidding. For contracts that require a formal
competitive bidding process, a notice shall be published in the official newspaper at least 13 days
prior to the due date for bids. For all Federal Aid projects as per the LAG Manual Chapter 46.24,
an advertisement must run for a three-week period prior to opening of the bids. They must run at
least twice, 20 calendar days prior to the last date upon which the bids will be received.
Advertisements for bids should include the following items:
• Title of the project
• Nature and scope of the work
• Materials and equipment to be furnished
• Where contract documents (plans, specifications) may be obtained
• Cost to obtain a set of contract documents
• Place, date, and time that bids are due
• Statement that a bid bond must accompany the bid
• Statements that the City retains the right to reject any or all bids, and to waive minor
irregularities in the bidding process
■ Title VI requirements and reference
6.2 BID SPECIFICATIONS
Bid specifications should incorporate a clear and accurate description of the technical requirements
for the material, product, or service to be provided. Such descriptions should not contain features
that unduly restrict competition.
When it is impractical or uneconomical to make clear and accurate description requirements, a
"brand name or equal" description may be used. The responsibility of demonstrating to the City's
satisfaction that a product is "equal" to that specified shall be on the vendor proposing the
substitution.
Page 19 of 40
Requests for approval of substitutions must be made with sufficient time to allow the City to
adequately review the proposal, including time for vendors to respond to questions and requests
for additional information or clarification. The City has no obligation to accept proposed
substitutions.
Acceptance of a substitute product proposed as an "equal" to that specified will be made in
writing. If this acceptance occurs prior to the bid, other bidders will be notified to the extent
practical.
6.3 AWARD
The contract will be awarded to the lowest responsive and responsible bidder whose bid meets
the requirements and criteria included in the invitation for bids, or all bids will be rejected.
However, in accordance with RCW 35.23.352(2), if the City issues a written finding that the lowest
responsive and responsible bidder has delivered a project to the City within the last three years
which was late, over budget, or did not meet specifications, and the City does not find in writing
that such bidder has shown how they would improve performance to be likely to meet project
specifications, then the City may award the contract to the second lowest responsive and
responsible bidder whose bid is within five percent of the lowest bid. If in any year a contract is
awarded to the second lowest responsive and responsible bidder in this manner, the City will
prepare an annual report as required under RCW 35.23.352(14).
RCW 39.04.350 establishes bidder responsibility criteria. Before the City may accept a
Contractor's bid, the contractor must:
• Be a registered contractor at the time of bid submittal (RCW 18.27.020)
• Have a current Unified Business Identifier (UBI) number
• Have industrial insurance coverage
• Have an employment security department number
• Have a state excise tax registration number
• Have never been disqualified from bidding under RCW 39.06.010 or 39.12.065(3)
The City also requires that the contractor must:
• Have or agree to obtain a current City business license
• Be current with all applicable licenses, taxes, and fees owed to the City of Bainbridge Island
In addition, the City adopts the following supplemental criteria which may be used in connection
with specified projects:
The ability, capacity, and skill of the bidder to perform the contract or provide the service
required
Page 20 of 40
• The character, integrity, reputation, judgment, experience, and efficiency of the bidder
• Whether the bidder can perform the contract within the time specified
• The quality of performance of previous contracts or services
• The previous and existing compliance by the bidder with laws relating to the contract or
services
• Such other information as may be secured having a bearing on the decision to award the
contract
When using the supplemental criteria described above, the City will include the supplemental
criteria in the bidding documents, together with a basis for evaluation, deadline for bidder to
submit responsibility documentation, and deadline for bidder to appeal a "not responsible"
determination.
When a trade-in option exists and is in the City's best interest, the price offered on the trade will
be considered when determining the lowest responsive and responsible bid.
RCW 39.30.040 allows any local sales tax revenue generated by the purchase to be considered in
determining the lowest responsive and responsible bid. Other preferences favoring local
businesses are not permitted.
6.4 CANCELLATION
An invitation for bids may be cancelled. Additionally, the City (at its sole discretion) may choose
to reject any or all bids, in whole or in part, except as otherwise provided under state or federal
law or as conditions of receiving state or federal funding.
6.5 SUBMITTAL OF BIDS
Bids will be submitted as specified in the invitation for bid by the appointed date and time listed in
the invitation. Each bid will be dated, and time stamped as it is received. Late bids will not be
accepted. If the bid is a sealed bid, all qualified bids will be opened and read aloud publicly at the
appointed time.
Page 21 of 40
No City representative shall inform a contractor of the terms or amount of any other contractors
bid for the same project prior to the bid opening date and time. Once bids have been submitted
(and opened, if the bids are sealed), the City may not negotiate with bidders. The contract must
be awarded to the lowest responsive and responsible bidder, or else all bids must be rejected.
A written record shall be made of each contractors bid on a project and of any conditions
imposed on the bid. Immediately after an award is made, the bid quotations shall be recorded,
open to public inspection, and available by electronic request.
Original specifications and the original bid responses will be retained for review and audit as
required.
6.6 BID SECURITY
In accordance with RCW 35.23.352(1), each bid submitted through a formal competitive bidding
process shall be accompanied by a bid security for a sum of not less than five percent of the
amount of the bid. The bid security may be in the form of a cashiers check, postal money order,
or surety bond provided by a surety company that is authorized to do business in Washington
State in a form approved by the City Attorney's Office. No bid solicited through a formal
competitive bidding process shall be considered unless accompanied by such a bid security.
A bid security is only required for bids solicited through a formal competitive bidding process. A
bid security is not required for bids solicited through the small works roster process, limited public
works process, or through the procedures described in Sections 5.3, 5.4, and 5.5.
However, if a public works project is estimated to be $250,000 or greater and will be funded in
whole or in part with federal funds, a formal competitive bidding process, that which requires a bid
security, is required.
If a bidder is permitted to withdraw a bid before award, its bid security shall be returned,
6.7 NON -COLLUSION AFFIDAVIT
Each bidder shall be required to warrant that their bid is genuine, and that they have not entered
into collusion with other bidders, by submitting with their bid an executed and notarized affidavit
on a form approved by the City Attorney.
Page 22 of 40
7.0 PROFESSIONAL SERVICES
Professional services are services which provide professional or technical expertise to accomplish a
specific study, project, task, or other work statement.
Professional services include, but are not limited to:
• Architectural, engineering, or surveying services
• Accounting and auditing
• Bond or insurance brokerage
• Consulting services
• Legal services
• Real estate appraisal or title abstracts
• Relocation assistance
• Design
• Soils analysis or core testing
7.1 COMPETITIVE PROCESS
Under Chapter 39.80 RCW, a competitive process is required for all architectural, engineering, or
surveying services. This competitive process is further outlined in Section 8.0. It is recommended,
but not required, to follow the same process for all other professional services.
7.2 CONSULTANT SOLICITATION
Except as required under Chapter 39.80 RCW, the City may use, as the first step in the evaluation
and hiring of a consultant to provide professional services, the Municipal Research and Services
Center's (MRSC) annual roster or advertise a Request for Qualifications (RFQ). By first reviewing
qualifications of consultants on MRSC's consultant roster, or reviewing qualifications from solicited
consultants via an advertised RFQ, to the City can narrow down and choose a consultant that is
best qualified to do provide the needed professional services. After firms are narrowed down, a
Request for Proposal (RFP) is then requested. Each proposal should outline the firms scope of
services that includes information on their recommended schedule and deliverables, .
Page 23 of 40
An RFP should include:
• a detailed scope of work describing the project tasks
• an estimated budget
• an estimated schedule
• evaluation criteria
• instructions regarding the submittal information (page limitations, number of copies, etc.)
• proposal deadline
• copy of agreement for professional services
A department director may evaluate proposals for smaller projects, but a review panel of at least
three employees is recommended for more complex projects. City staff should review all
submittals received prior to the deadline to ensure they comply with the requirements of the RFP.
The director or review panel should then use evaluation criteria to score each firms proposal.
Agency guidelines for RFPs and RFQs are as follows:
Estimated Cost for Services: $0 to $25,000
Process: Minimal Solicitation
Major Activities:
• RFQ: Select 1-3 qualified firms based on established criteria from MRSC roster
or from the consultants who responded to a RFQ, if advertised.
RFP: Ask for proposals from the selected firm(s).
• Select most qualified firm.
• Negotiate a contract with the firm deemed the most highly qualified.
• Document the process.
Estimated Cost for Services: $25,001 to $100,000
Process: Informal Solicitation
Major Activities:
• RFQ: Select 3-5 qualified firms based on established criteria from MRSC roster or from
consultants who responded to an RFQ, if advertised.
• RFP: Prepare an RFP, including, at a minimum: description of services required, project
schedule, estimated budget, instructions on submittal information, and due date for the
responses. Send RFP to the 3-5 qualified firms previously identified.
• Evaluate responses and select most qualified firm
• Negotiate a contract with most qualified firm
• Document the process for file, including selection criteria, names of firms considered, all
responses to RFP, basis for award decision, and copy of contract
Page 24 of 40
Estimated Cost for Services: Over $100,001
Process: Formal Solicitation
Major Activities:
• RFQ: Prepare a formal RFQ, and advertise the RFQ by, at a minimum, publishing legal
notice in the City's newspaper of record and by posting the RFQ on the City's website.
• RFQ: Develop score sheets for use by evaluators and evaluate responses to RFQ.
• RFP: Issue RFP to a minimum of six firms.
• Conduct pre -proposal conference, if required in RFP.
• Provide answers to consultant questions via addenda and post on website.
■ Date and time stamp proposals received by the due date.
• Evaluate proposals strictly against criteria set forth in the RFP and score. Use 3 evaluators
for scoring and score proposals using score sheets. Tabulate scores and determine ranking
of consultants.
• Schedule and conduct oral interviews of top finalists, if desired.
• Determine final scoring and select most qualified firm.
• Notify successful and unsuccessful firms.
• Negotiate a contract with most qualified firm.
• Conduct debriefing conferences with unsuccessful proposers, if requested.
Page 25 of 40
8.0 ARCHITECTURAL, ENGINEERING, AND SURVEYING SERVICES
Services for professional architectural (including landscape architectural), engineering, or surveying
services are procured using the qualifications -based selection requirements in Chapter 39.80 RCW.
Examples include architectural blueprints, road design, and sewer and water system design. The
requirements outlined in that chapter, as stated in these guidelines, or as may be amended by the
State Legislature, must be carefully followed.
8.1 ANNUAL ROSTER
As an alternative to creating and maintaining the City's own annual roster for the procurement of
architectural, surveying, and engineering services, the City Manager is authorized to enter into
agreements with the Municipal Research and Services Center (MRSC) and/or any other agencies
for use of their annual rosters as long as such rosters are in compliance with the latest state of
Washington rules, regulations, requirements, and laws regarding the procurement of architectural,
surveying, and engineering services.
The City encourages architectural, engineering, and surveying firms to submit to MRSC a statement
of qualifications and performance data annually. When services are needed, the City will evaluate
current statements of qualifications and performance data on file. The City continues to have the
option to formally advertise for consultant qualifications aside from using the MRSC roster.
8.2 CONTRACT NEGOTIATIONS
Discussions will be conducted with one or more firms regarding anticipated concepts and the
relative utility of altemative methods of approach for fumishing the required services. Using criteria
established by the City for the project, category, or type of services needed, a professional services
contractor will be selected that is deemed to be the most highly qualified to provide the services
required for the proposed project. See Section 7.2 for the RFQ and RFP process. RFPs for
architectural, engineering, and surveying services may not request a price. The City must select the
most qualified firm and then negotiate a price for the project.
The City will negotiate a contract with the most qualified firm at a price that the City determines is
fair and reasonable. In making its determination, the City will consider the estimated value of the
services to be rendered as well as the scope, complexity, and professional nature of the service to
be provided. If the City is unable to negotiate a satisfactory contract with the firm selected at a
price that is determined fair and reasonable, negotiations with that firm will be formally terminated.
Another firm will then be selected, and the process continued until an agreement is reached or the
process terminated.
Page 26 of 40
9.0 CONTRACT AMENDMENTS
The City Manager may execute an amendment to a contract without City Council approval,
provided that the amendment:
• Simply extends the time of completion for a project;
Provides for a cost increase that does not exceed 10% of the original contract cost (or
$50,000, whichever is greater), and is within the approved budget; or
Is solely for "On -Call" services to ensure compliance with City Codes and regulations by
development applications and studies associated with development applications, when the
cost of the work performed is recovered from applicant reimbursements or application
fees. Examples include agreements for geotechnical studies and traffic impact analysis.
All changes to the scope of work must be done by contract amendment. Substantial changes to
the scope of work must be submitted to the City Attorney for a determination as to whether the
work should be a new contract.
This section does not apply to contracts for public works projects. Amendments to contracts for
public works projects shall be in the form of a change order approved in accordance with Section
5.13.
Page 27 of 40
10.0 COMPETITIVE BIDDING EXEMPTIONS AND EMERGENCIES
Under RCW 39.04.280, competitive bidding requirements may be waived for:
a. Purchases that are clearly and legitimately limited to a single source of supply;
b. Purchases involving special facilities or market conditions;
c. Purchases in the event of an emergency;
d. Purchases of insurance or bonds; and
e. Public works in the event of an emergency.
Purchases may be made from a sole source vendor without soliciting other quotes or bids. In non-
emergency situations, written documentation demonstrating the appropriateness of a sole source
purchase shall be submitted to the Finance Department in advance of the purchase. Finance (and
the City Attorney, when needed) will evaluate whether a vendor can legitimately be defined as a
sole source.
Purchases involving special facilities or market conditions may be made without soliciting quotes or
bids. In non -emergency situations, written documentation demonstrating the appropriateness of a
purchase involving special facilities or market conditions shall be submitted to the Finance
Department in advance of the purchase. Finance (and the City Attorney, when needed) will
evaluate whether special facilities or market conditions legitimately exist.
In accordance with RCW 39.04.280 and Chapter 2.44 BIMC, if an emergency exists, the City
Council, the City Manager, the Finance Director, or the person(s) designated by the City Manager
to act in the event of an emergency may:
• Declare that an emergency situation exists.
Waive competitive requirements.
Award, on behalf of the City, contracts necessary to address the emergency (including, but
not limited to, contracts for architectural and engineering services).
Chapter 2.44 BIMC contains additional provisions relating to emergency management. RCW
39.04.280 requires that a written finding of the existence of an emergency be made and entered
into the public record no later than two weeks following the award of the contract. In accordance
with BIMC 2.44.1 10, such written findings authorizing the emergency procurement shall be
presented to the City Council for ratification and confirmation, modification or rejection. However,
all emergency procurements under this section shall be considered to be in full force and effect
until the City Council acts otherwise.
See the Emergency Operations Center (E0Q Manual for additional information on the resource
request process used in the EOC during emergencies
Page 28 of 40
11.0 INTERGOVERNMENTAL COOPERATIVE PURCHASING
AGREEMENTS
RCW 39.34.030 allows the City to join with other governmental agencies for the purchase of
supplies, equipment, or services. This is done by entering into a written Intergovernmental
Cooperative Purchasing Agreement (also known as an "Interlocal Agreement").
Prior to making a purchase under such an agreement, the City must ensure that the procedure
used by the agency that originally awarded the bid, proposal, or contract is allowable with the
City's purchasing policy. The originating agency must also have fulfilled one of two additional public
notice requirements:
• Posted the bid or solicitation notice on a web site established and maintained by a public
agency, purchasing cooperative, or similar service provider, for purposes of posting public
notice of bid or proposal solicitations.
• Provided an access link on the state's web portal to the notice.
The City may also make a bid call with another government entity as a joint purchase that complies
with the procurement requirements of both jurisdictions.
When practical, the City should include language in its solicitations that allows other public agencies
to purchase from City of Bainbridge Island's contracts or purchase orders, provided that other
agencies provide similar rights and reciprocal privileges to the City of Bainbridge Island.
Pursuant to RCW 39.34.030, the City may make purchases through state contracts. The City has
signed a Master Contracts Usage Agreement with the Department of Enterprise Services ("DES").
The DES' webpage provides information and instructions for making purchases with the state
contract.
The City Council shall approve all I ntergovem mental Cooperative Purchasing Agreements.
Page 29 of 40
12.0 VENDOR RELATIONS
12.1 CODE OF ETHICS
Employees will follow applicable personnel policies in this subject area.
12.2 QUOTE OR BID REVISIONS
If a vendor is permitted to submit a revised quote or bid, other competitors will be given the same
opportunity. Bidders are expected to offer their best bid first and offering an opportunity to re -
quote should be done only when necessary.
12.3 SAMPLES
When vendors offer samples for evaluation, they will be accepted only under the following
conditions:
• The sample is accepted as property of the City.
■ The product is of a type presently in use by the City or is of potential use. Samples of
goods not likely to be purchased are not to be accepted.
• The quantity or size of the sample is relatively small and of minimal value.
• Any chemicals offered as vendor samples shall not be accepted unless accompanied by an
OSHA product safety data sheet or material safety data sheet (MSDS).
• If vendor samples are accepted, they must be sent to the appropriate location or
department for testing.
• Samples that are requested for evaluation must be purchased.
12.4 LOCAL BUSINESS PARTICIPATION
The City will take affirmative steps not only to encourage local businesses to apply to participate in
the procurement process, but to the extent legally possible, the City will consider the use of those
local businesses.
Page 30 of 40
13. BID PROTESTS
A bidder wishing to protest the City's award of a contract for a public works project that was the
subject of competitive bidding must strictly follow the procedures described below. To the extent
that these procedures are not followed, the City will not review a bid protest submitted by a
bidder.
13.1 REQUESTS FOR COPIES OF BIDS RECEIVED BY CITY
In accordance with RCW 39.04.105, within two business days of the bid opening on a public works
project that is the subject of competitive bids, the City will provide, if requested by a bidder, copies
of the bids the City received for the public works project. The City will not execute a contract for
the public works project for two full business days from the date that copies of the received bids
were provided. Intermediate Saturdays, Sundays, and legal holidays are not counted as "business
days."
13.2 PROCEDURE FOR SUBMISSION OF A BID PROTEST
All bid protests must be filed in writing with the City Clerk and must be submitted no later than:
two full business days following bid opening, if no bidder requested copies of the bids received for
the project; or two full business days following the date on which the City provided copies of the
bids to requesting bidders. Intermediate Saturdays, Sundays, and legal holidays are not counted as
"business days."
All bid protests must:
• Be submitted in writing;
■ Explicitly identify itself as a bid protest;
• Explicitly identify the bid/project/request for which the protest is made;
• Explicitly state all reasons and bases in law and fact supporting the protest; and
• Include any and all supporting documents.
13.3 CONSIDERATION OF A BID PROTEST
Submitted bid protests complying with the requirements outlined above will be reviewed by the
City Manager, the City Attorney, and the Public Works Director, or their designees.
Page 31 of 40
The bid protest will be decided based upon the written materials, supporting documents, and
other information submitted with the bid protest as well as other records or information known to
the City relating to the public works project in question. In the event that a meeting or conference
with the protesting bidder would materially assist the City in making its decision, a meeting may be
scheduled at the discretion of the City Manager or their designee.
Only those issues identified by the bidder in the written protest filed with the City Clerk will be
considered. The City Attorney or their designee will issue a written decision no later than 10
business days after the filing of the bid protest with the City Clerk, which shall be the final decision
of the City on the bid protest.
Page 32 of 40
14.0 SALE OR DISPOSAL OF CITY PERSONAL PROPERTY
14.1 AUTHORIZATION
The City Manager may authorize the sale or disposal of personal property owned by the City,
provided that the property is no longer needed and that notice of intention to sell is given as
provided in this section. The personal property will be deemed as surplus or scrap.
Permission must be obtained from the grantor before selling or disposing of any personal property
which was purchased with grant funding. Failure to obtain permission could obligate the City to
repay grant funding used to purchase the personal property.
Section 14 does not address the sale or disposal of real property owned by the City.
14.2 SALE VERSUS DISPOSAL
Sales of surplus items to other governmental agencies may occur via private sale. Other sales of
surplus items shall be sold via public auction. It is the City's policy to utilize third -party auction
services rather than conduct the auction itself.
Scrap may be sold via public auction, via private sale at prices established by current market
conditions or may be disposed of if there is not a viable mari<et. The City Manager may donate
items with a nominal value to a charitable organization which is tax exempt pursuant to Internal
Revenue Code Section 501(c)(3).
14.3 TRADE-INS
Trade-in of old equipment to upgrade similar or reasonably related equipment is permitted when it
is in the best interest of the City. The requesting Department Director shall be responsible for the
sale, trade, or other disposition of surplus property and scrap belonging to the City of Bainbridge
Island when used for a trade-in.
14.4 PUBLIC NOTICE OF SALE
If the City opts not to use a third -party auction service and instead chooses to conduct an auction
itself, the notice of intent to sell surplus or scrap at a public sale shall be published once a week for
two consecutive weeks in the City's official newspaper immediately prior to the sale. The notice
shall state the time and place at which the property will be sold. Any other reasonable means to
attract potential buyers to the sale may be used in conjunction with the notice posted in the official
newspaper.
Page 33 of 40
14.5 CONFLICT OF INTEREST
Because City employees have more information than the general public about City property to be
auctioned and an appearance of fairness is necessary to maintain the public trust, employees, their
spouses, and their agents are not permitted to bid on or buy personal property auctioned or sold
directly by the City.
14.6 INVENTORIED ITEMS
Surplus, scrap, or trade-in of any inventoried item will be confirmed by the employee responsible
and approved by the Department Director. A Property Disposition form will be completed and
submitted to the Finance Department.
Each Department will be responsible for storing and retaining an inventory of such property until
issued disposition instructions.
Page 34 of 40
15.0 ADDITIONAL SIGNING AUTHORITY
15.1 GRANTS
If a grant would require the City to contribute more than $50,000 in material matching dollars,
then the City Manager will seek City Council approval prior to applying. The City Manager will
bring grant opportunities the City Manager becomes aware of to the full City Council. The City
Council may also initiate the process of pursuing a grant. If other entities, such as non-profit
organizations or community interest groups, wish to apply for a grant on behalf of the City, the
group must first obtain the approval of City Council.
The City Manager, or designee, is authorized to execute all required agreements and documents
with a grant -issuing agency to effectuate any grant approved or accepted by the City Council.
Amendments to grants that simply extend the term of the grant may be approved by the City
Manager.
15.2 INTERLOCAL AGREEMENTS
All interlocal and interagency agreements must be approved by City Council. Amendments to
interlocal agreements that simply extend the term of the agreement may be approved by the City
Manager.
15.3 REAL PROPERTY
Contracts and agreements that relate to real property (other than as described below) must be
approved by the City Council.
The City Manager is authorized to enter into leases of real property where the rent does not
exceed $50,000 total over the term of the lease; Provided, that the City Council's approval is
required for all leases of real property that are for a term of more than five (5) years.
The City Manager is authorized to enter into licenses, permits, or other agreements in order to
manage the use of the City's right-of-way. Any such license, permit, or other agreement shall
contain the provisions set forth in Resolution No. 2013-09.
The City Manager, Director of Public Works and Director of Planning and Community
Development are authorized to accept dedications, easements, rights-of-way, fee estates, or other
interests in real property for use by or on behalf of the city. Pursuant to this authority, the City
Manager, the Director of Public Works, or the Director of Planning and Community Development
are each authorized to sign and accept delivery of real property acquisition documents on behalf of
the City.
Page 35 of 40
The Director of Planning and Community Development is further authorized to sign and accept
documents relating to any notice to title recorded with Kitsap County in connection with the
Critical Areas ordinance.
15.4 SETTLEMENT AUTHORITY
The City Manager is authorized to sign settlement agreements requiring the City to pay less than
$50,000 to resolve and settle any damage claims or suits against the City and to execute all
necessary documents pursuant to the resolution of such claims. The City Manager shall have the
further authority to approve the issuance of checks pursuant to the resolution of such claims.
Claims settled by the City Manager under this authority will be reported to the City Council at the
next City Council meeting following the settlement.
Page 36 of 40
16.0 COMPLIANCE WITH POLICY
A violation of any of the provisions of this policy may result in discipline to the individual involved
where, in the opinion of the City Manager (in the case of employees) or the City Council (in the
case of the City Manager), such discipline is in the interest of the public and good government.
Officers and employees should be aware of possible personal penalties, termination, and financial
liability for intentional or willful violation of competitive bidding laws. RCW 39.30.020 states
(emphasis added):
In addition to any other remedies or penalties contained in any law, municipal charter,
ordinance, resolution, or other enactment, any municipal officer by or through whom or
under whose supervision, in whole or in part, any contract is made in willful and intentional
violation of any law, municipal charter, ordinance, resolution, or other enactment requiring
competitive bidding upon such contract shall be held liable to civil penalty of not less than
three hundred dollars and may be liable, jointly and severally, with any other such municipal
officer for all consequential damages to the municipal corporation. If, as a result of a
criminal action, the violation is found to have been intentional, the municipal officer shall
immediately forfeit their office. For purposes of this section "municipal officer' shall mean
an 'officer' or "municipal officer" as those terms are defined in RCW 42.23.020(2).
Page 37 of 40
17.0 SUMMARY OF PROCUREMENT GUIDELINES
PUBLIC WORKS PROJECTS
Estimated Cost
Signing
Purchase/Bidding Process
Contract
Authority
Mechanism
$0-$20,000
Public
Limited Public Works Process
Limited Public Works
Works
Contract — 20k
Director
Z1
0
A
eo
c
c
no
$20,001 - $50,000
City
Limited Public Works Process
Limited Public Works
U
Manager
Solicit 5 bids from small works roster.
Contract — 50k
° o v
Small Works Contract
$50,001- $350,000
Must provide notice to other
M v
U -0
appropriate contractors on the roster
a 0
for projects estimated to cost $250,000
+� t
-$350,000.
v
E
Formal Bid Contract
v
$250,000 or greater
Formal competitive bidding process with
(funded by whole or
advertisement
2
in part by Federal
Funds
$350,001- Greater
• All equipment, supplies, and materials purchased separately but as part of the Public Work project, will be
part of the aggregate cost of all phases of the project when determining the applicable bid process to be
used. Municipalities may not break public works projects into separate phases or parts to avoid compliance
with bidding statutes (RCW35.23.352(I))
Exception: If the public works project is $250,000 or greater and is funded in whole or in part with
federal funds, a formal bid process is required. This threshold is set by the federal government at 2
CFR § 200.88 and 48 CFR § 2.101 ("Simplified acquisition threshold") and is subject to periodic
adjustment for inflation pursuant to 41 U.S.C. § 1908.
Page 38 of 40
PURCHASING
This matrix is to be used for purchasing charges that includes, goods, equipment, materials, and supplies that
are not part of a public works project (telecommunications is not included and is governed by RCW
39,04.270). For items that are defined as a purchased service, please see "Non-professional Services" matrix.
For purchases relative to a public works project, please see ''Public Works Projects.''
Purchasing
Procedure
Direct Negotiations
Quotes (recommend obtaining 3
quotes when possible.) Telephone,
fax, or email
Quotes (3 vendors should be
solicited) Must be in writing
Signing
Purchase
Purchase
Purchases
Authority
$15,000
$15,001 -
$50,001
$15,001 -
Or Less
$50,000
and over
Directors
X
X
City
X
Manager
Negotiations
City Council
X
NON-PROFESSIONAL SERVICES
(PURCHASED SERVICES)
Non -Professional Services shall be described as services provided by a vendor for routine,
necessary and continuing functions of a local agency, relative to a physical activity. Examples include
courier, janitorial, disposal, vehicle inspection repair or up -fitting, office furnishing install.
Non -Professional Services is not public works, therefore can be let by using a solicitation,
evaluation, and award process based on qualifications and price.
Note that prevailing wages may need to be paid in connection with the contract. To verify if Labor
and Industries will require prevailed wages for the service being provided, please contact L & I
directly for assistance.
Purchased Service Procedure
Signing
Services
Services
Services
Authority
$15,000 or
$15,001 -
$50,001 -
Less
$50,000
greater
Qualifications/ Price Direct Directors
X
Negotiations
X
Qualification /Price (recommend City
obtaining 3 quotes when possible) Manager
Telephone, fax or email
X
Qualification /Price (3 vendors City ncil
should be solicited) must be in
writing.
PROFESSIONAL SERVICES
Page 39 of 40
(ARCHITECTURE, ENGINEERING AND SURVEYING SERVICES AND
OTHER SERVICES THAT ARE PERFORMED)
Chapter 39.80 RCW must be followed for architectural, engineering, and surveying services (see
Section 8.0) and price may not be considered in the initial selection process.
Estimated Signing
Agreement Amount I Authority
$25,000 or Less City Manager
$25,001 to $50,000
$50,001 to $100,000 City Council
Over $100,000
Recommended Solicitation Process
Minimal competition. Contact 1-3 qualified firms.
Informal competition. Prepare RFQ/RFP and contact 3-5
qualified firms.
Formal competition. Prepare RFP/RFQ and advertise.
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