Res 09-565RESOLUTION NO. 09-565
A RESOLUTION of the City Council of the City of Federal Way,
Washington, to amend the City's Purchasing Policies to update the
City's small public works roster process to award small public works
contracts and consulting services roster for architectural, engineering
and other professional services and to authorize an agreement with
Municipal Research and Services Center of Washington (MRSC).
WHEREAS, RCW 39.04.155 and other laws regarding contracting for public works by
municipalities, allow certain contracts to be awarded by a small works roster process; and
WHEREAS, in order to be able to implement small works roster processes, the City is
required by law to adopt a resolution establishing specific procedures;
WHEREAS, RCW 39.80.030 requires that an agency publish in advance that agency's
requirement for professional services and that one of the ways to accomplish that notification is to
announce generally to the public its projected requirements for any category or type of professional
services and request qualification statements to be kept on file with the agency,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section l. Purchasing Policies. The City's Purchasing Policies are hereby amended as
reflected in Exhibit A, attached hereto and incorporated by this reference.
Section 2. MRSC Rosters. The City wishes to contract with the Municipal Research and
Services Center of Washington (MRSC) to adopt for City use those state wide electronic databases
for small public works roster and consulting services developed and maintained by MRSC and
authorizes the City Manager to sign that contract, a copy of which is attached hereto as Exhibit B and
is hereby incorporated by this reference. In addition, paper and/or electronic rosters may be kept on
Resolution No.09-565 Page 1 of 3
file by appropriate City departments.
Section 3. Severabilitv. If any section, sentence, clause or phrase of this resolution should be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence,
clause or phrase of this resolution.
Section 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to
make necessary corrections to this resolution including, but not limited to, the correction of
scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any
references thereto.
Section 5. Ratifcation. Any act consistent with the authority and prior to the effective date
of this resolution is hereby ratified and affirmed.
Section 6. Effective Date. This resolution shall be effective immediately upon passage by
the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON this 1 st day of December, 2009.
CITY OF FEDERAL
ATTEST:
iJ /I I
Resolutton No.09-565 Page 2 of 3
APPROVED AS TO FORM:
�G�.
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 11-24-2006
PASSED BY THE CITY COUNCIL: 12-01-2009
RESOLUTION NO.: 09-565
Resolution No.09-565 Page 3 of 3
EXHIBIT A
CITY OF FEDERAL WAY
PURCHASING POLICIES
November 2009
GENERAL PROVISIONS
Section 1. Purpose.
Section 2. Application.
Section 3. Federal funds.
Section 4. Grants.
Section 5. Professional service contracts.
Section 6. Responsibility for purchasing.
Section 7. Authority to execute.
Section 8. Routine expenses.
Section 9. Recycling procurement policy.
COMPETITIVE BIDDING PROCESS
Section 10. Bid limits.
Section i l. Competitive bidding.
Section 12. General standards for determining lowest responsible bidder.
Section 13. Cancellation of requests for bids or requests for proposals.
Section .14. Specifications.
Section 15. City procwement records.
Section 16. Unauthorized purchases.
EXCEPTIONS TO COMPETITIVE BIDDING REQUIREMENT
Section 17. Cooperative purchasing.
Section 18. Emergency procurement.
Section 19. Other exemptions.
MATERIALS, SUPPLIES AND EQUIPMENT
Section 20. Small purchases.
Section 21. Inspection and testing.
Section 22. Purchases for special events.
PUBLIC WORKS OR IMPROVEMENTS
Section 23. Defmition of public works.
Section 24. Plans and specifications Estimates Publication Emergencies.
Section 25. Small works roster.
Section 26. Bonds and bid security Noncollusion affidavit Insurance.
Section 27. Administrative procedures.
GENERAL PROVISIONS
Section 1. Purpose.
The purpose of th�se City of Federal Wav Purchasing Policies ("Policies"1 �e�-is to protect
and advance the public interest by providing for the fair and equitable treatment of all persons involved
in the purchasing process, by maximizing the purchasing value of public funds, by providing
safeguards for maintaining a purchasing system of quality and integrity, and by following state law.
Section 2. Application.
Th�ese s13a�e�Policies apply�es to the award of contracts by the City for (1) purchases of
materials, supplies, and equipment; (2) public works and improvements; a� (3) �N�€ess�e�
se�ees maintenance; and (4) other goods and services.
Th�ese �Policies does not apply to (1) the reimbursement of business expenses incurred
by employees as governed by Ordinance No. 90-25 as now or hereafter amended; (2) purchase andlor
lease of real estate; (3) lease agreements for materials, supplies and equipment unless the agreement is
in excess of twenty thousand dollars or for more than three (3) years duration; and (4) professional and
non-professional service contracts as defined in Section 5.
Section 3. Federal Funds.
When a purchase involves the expenditure of federal funds, purchasing shall be conducted in
accordance with any applicable federal law or regulation.
Section 4. Grants.
Nothing in this chapter shall prevent the City from complying with the terms and conditions of
any grant, gift or bequest which is otherwise consistent with law.
Section 5. Professional service contracts.
A. Professional services, including but not limited to contracts for architectural, engineering, legal
and consulting services, are not subject to the requirements of these�is Purchasing Policies�.
Contracts for architectural and engineering services shall be awarded in accordance with Chapter 39.80
RCW. For purposes of this section, "professional services" are those services involving labor, skill,
education and special knowledge and where the labor and skill involved is predominately mental or
intellectual, rather than physical or manual.
B Publication At least once a vear on behalf of the Citv Municipal Research and Services
Center of Washin on ("MRSC" shall publish in a newspaper of general circulation within the Citv a
notice of the existence of the consultin services roster or rosters and solicit statements of
�ualifications from firms providin� consultin� services. Such advertisements will include information
on how to find the address and telephone number of a re�resentative of the City who can provide
further details as to the Ci �'s projected needs for consulting services. Firms or persons providin�
consulting services shall be added to appropriate MRSC roster or rosters at any time that thev submit a
written re�uest and necessaty records The Citv may require master contracts to be signed that become
effective when a specific award is made using a consultin� services roster.
Purchasing Policies 1 November 2009
C. Professional Architectural and En ineering Services. The MRSC Rosters will distin�
between professional architectural and en in�g services as defined in RCW 39.80.020 and other
consultin� services and will announce eg nerallv to the public the Ci �'s projected requirements for any
cate�ory or ty_pe of professional or other consulting services. The Citv reserves the ri h�publish an
announcement on each occasion when professional services or other consulting services are required
bv the a�ency and to use paner and/or other electronic rosters that ma ��be kept on file b�ppropriate
Cit,�partments.
Section 6. Responsibility for purchasing.
A. General. The Director of Finance or designee shall be responsible for all City purchasing under
#�-�ese�� these Policies except where otherwise provided. The Director of Finance or designee
sha11 be head of the purchasing division of the Finance Department and shall administer fi�e�►��
these Policies
B. Duties. In accordance with the Purchasing Policies, the Director of Finance or designee shall:
(1) Purchase or supervise the purchase of all materials, supplies, equipment and
nonprofessional services and award of all public works and improvement contracts by the City;
(2) Sell, trade or otherwise dispose of surplus personal property belonging to the City. The City
Manager shall be responsible for the disposal of real property;
(3) Establish and maintain programs for specifications development, contract administration
and inspection and acceptance, in cooperation with the city departments using the items purchased;
(4) Propose operational procedures consistent with �k these Policies relating to the
execution of his or her duties. Such procedures shall be followed by all City departments. These
operational procedures are subject to prior approval of the City Manager. The City Manager may
amend the procedures as he or she deems appropriate; and
(5) Determine liability and property damage insurance requirements, including but not limited
to coverage requirements, limits of liability, necessary endorsements and other matters relating to
insurance, for any contract entered into by the City under these Policies#��i�e�.
Section 7. Authority to execute.
Every contract under these �s�g-Policies where the annual cost to the City or the annual
revenue to be received by the City for such contracts is:
A. Twenty thousand dollars or less, the City Manager or �s�ke� designee is authorized to sign
such contracts on behalf of the City;
B. More than twenty thousand dollars, approval of the City Council is required for such contracts.
Section 8. Routine ezpenses.
Routine expenses such as utilities charges, claims and judgments, witness fees, governmental
taxes and governmental fees for licenses and permits may be acquired, ordered or paid in the best
interests of the City within budget appropriations or other council authorization therefor.
Purchasing Policies 2 November 2009
Section 9. Recycling procurement policy.
A. Intent. In accordance with RCW 35A.40.210, 35.22.620(10) and 3930.40 including all future
amendments, additions and deletion, the City of Federal Way finds it desirable to adopt a procurement
policy promoting the use of recycled products and recyclable products by the City of Federal Way
departments, thereby stimulating the demand for these products and helping to develop markets for
materials that have been diverted from the solid waste stream.
B. Use of recvcled Materials. All City of Federal Way departments shall use recycled products
and recyclable products whenever practicable and reasonable.
C. Duty of the Director of Finance or Desi� The Director of Finance or designee shall
establish and maintain a list of recycled and recyclable products that are available to be purchased by
departments whenever practicable
COMPETITIVE BIDDING PROCESS
Section 10. Bid Limits.
The competitive bidding process outlined in Section 11 is required whenever the estimated cost
of a purchase of materials, supplies and equipment, or a contract for public work or improvement
(including the cost of materials, supplies, equipment and labor), will exceed the sums as set forth in
RCW 35A.40.210 and 35.22.620(3) including all future amendments, additions and deletions.
Whenever the estimated cost of the materials, supplies and equipment is less than the bid limit
as stated above, purchases shall be made in a manner authorized by Section 24 (small purchases).
Whenever the estimated cost of the public work or improvement is less than the bid limit as
'stated above a contract for the public work or improvement may be awarded in the manner authorized
by Section 21 (small works roster). The public work or improvement may be performed by city
employees within the limits and to the extent authorized by state law.
Section 11. Competitive bidding.
A. General. Any purchase of material, supplies, and equipment, or any contract for public works
or improvements where the cost thereof exceeds the bid limit in Section 10 shall be by competitive
bidding in accordance with RCW 35A.40.210 and 35.22.620(6) including all future amendments,
additions and deletions, except for purchases and contracts made pursuant to Sections 17 (cooperative
purchasing), 18 (emergency) and 19 (sole source).
B. Request for Bids. A request for bids shall be issued which sha11 include the specifications and
the contractual terms and conditions applicable to the procurement.
C. Public Notice. Public notice of the request for bids shall be given not less than fourteen (14)
calendar days prior to the date set forth therein for the opening of bids unless another timeline is
deemed necessary by the director of finance or designee. Such notice shall be published, at least once
each week for two (2) consecutive weeks in a newspaper of general circulation. The public notice shall
state the date and time of bid opening. Bids not received by the date and time sta.ted for bid opening
will not be accepted or considered.
D. Bid Openin�. Bids shall be submitted sealed to the office of the Director of Finance or as
otherwise specified at any time within regular business hours and shall be identified as bids on the
envelope. Bids shall be opened in public by the Director of Finance or designee at the time and place
Purchasing Policies 3 November 2009
stated in the request for bids. The amount of each bid, and such other relevant information as the
director of finance or designee deems appropriate, together with the name of each bidder, shall be
announced and recorded. The record and each bid shall be open to public inspection. The Director of
Finance or designee sha11 tabulate the bids and submit them to the concerned department, which will
make appropriate recommendations to the City Manager.
E. Bid Evaluation. Bids shall be evaluated based on the specifications and other relevant
evaluation criteria set forth in the bid specifications. The evaluation criteria sha11 be objectively
measurable whenever possible, and may include such factors as discounts, transportation costs, and
total or life cycle costs, inspection or testing which has been done of the product bid, quality,
workmanship, delivery time, and suita.bility for a particular purpose.
A. F. Bid irregularities. Except where otherwise provided in these ��Policies, bids
containing irregularities will be accepted by the City for consideration. Any action concerning the
bid(s) containi�g irregularities shall be at the discretion of the City Manager and/or City Council in
accordance with the provisions of law. The call for bids for all bids shall state the reserved right of the
City to reject any and all bids and to waive irregularities in any provided that no bidder shall be
permitted to gain unfair advantage over other bidders by action of the City Council pertaining to this
section.
G. Correction or withdrawal of errors• Cancellation of Awards. Correction or withdrawal of
inadvertent errors in bids before or after bid opening, or cancellation of awards or contracts based on
such bid mistakes, may be permitted by the City to the extent allowed by law. Mistakes discovered
before bid opening may be modified or the bid may be withdrawn by written or telegraphic notice
received in the office designated in the request for bids prior to the time set for opening. After bid
opening, corrections in or withdrawal of bids shall be permitted only to the extent that the bidder can
show by clear and convincing evidence that a mistake was made, the nature of the mistake, and the bid
price actually intended. All decisions to permit the correction or withdrawal of bids after bid opening,
or to cancel awards or contracts based on bid mistakes, will be made by the city manager.
H. Award or rejection of bids. The recommended bids over twenty thousand dollars shall be
submitted to the City Council by the City Manager. The City Council may award the bid to the lowest
responsive, responsible bidder in accordance with Section 12, or may reject all bids in its sole
discretion. The contract shall be considered andlor awarded to the lowest responsible bidder whose bid
meets the specifications and evaluation criteria set forth in the request for bids.
I. Recalling for bids. The City Council may reject any or all bids and/or call for further bids. If
no responsive, responsible bid is received on the first call, the City may readvertise and make a second
call, or may enter into a contract without any further call.
Section 12. General standards for determining lowest responsible bidder.
In accordance with RCW 43.19.1911 including all future amendments, additions and deletions
to determine the lowest responsive, responsible bidder, in addition to price, the following may be
considered:
A. The ability, capacity and skill of the bidder to perform the contract;
B. Whether the bidder can perform the contract promptly, or within the time specified, without
delay or interference;
C. The reputation, experience and efficiency of the bidder;
D. The quality of performance of previous contracts by the bidder;
Purchasing Policies 4 November 2009
E. The previous and existing compliance by the bidder with laws and ordinances relating to
contracts or services;
F. The sufficiency of the financial resources and ability of the bidder to perform the contract;
G. The ability of the bidder to provide future maintenance and service for the use of the subject of
the contract;
H. T'he number and scope of conditions attached to the bid.
Section 13. Cancellation of requests for bids or requests for proposals.
In accordance with RCW 43.19.1911 including all future amendments, additions and deletions
a request for bids may be canceled in the discretion of the Director of Finance or designee. The reasons
therefor shall be made part of the contract file. Each request for bids issued by the City shall state that
the request may be canceled. Notice of cancellation shall be sent to all parties that have been provided
with a copy of the request. The notice shall identify the request for bids and state briefly the reasons for
cancellation.
Section 14. Specifications.
A. Maximum Practicable Competition. All specifications shall be drafted so as to promote overall
economy for the purposes intended and encourage maximum free and open competition in satisfying
the City's needs. The policy enunciated in this section applies to all specifications including but not
limited to those prepared for the City by architects, engineers, designers, and drafters.
B. "Brand Name or Equivalent" Specification. Brand name or equivalent specifications may be
used when the Director of Finance or designee determines that use of a brand name or equivalent
specification is in the City's best interest.
C. Brand Name Specification. Because use of a brand name specification is often restrictive of
competition, it may be used only when the Director of Finance or designee makes a written
determination that only the identified brand name item or items will satisfy the City's needs.
D. Experience Clause Restrictions. Experience clauses requiring prospective bidders to have a
record of satisfactory operation or performance may only be used if such requirements have been
adequately justified in writing and approved by the director of finance or designee.
Section 15. City procurement records.
A. Contract File. All deternunations and other written records pertaining to the request to bid,
award, or performance of a contract shall be maintained for the City in a contract file by the director of
finance or designee andlor city clerk.
B. Retention of Procurement Records. All procurement records shall be retained and disposed of
by the City in accordance with state law and city ordinances, regulations and guidelines. If a contract is
being funded in whole or in part by assistance from a federal agency, then all procurement records
pertaining to that contract shall be maintained in accordance with any applicable requirements of
federal law.
Purchasin�; Policies 5 November 2009
Section 16. Unauthorized purchases.
Except as provided in these ���+�—Policies and except as authorized by operational
procedures adopted by the Director of Finance or designee, no ciry employee shall make any purchase
or contract within the purview of these �'�r��rg`-Policies other than through the Director of Finance
or designee. Any purchase or contract made contrary to the provisions hereof sha11 not be approved by
any city officer and the City shall not be bound thereby, except as may be required or provided by law.
EXEMPTIONS TO COMPETITIVE BIDDING REQUIREMENTS
Section 17. Cooperative purchasing.
The Director of Finance or designee is authorized to recommend to the City Council that it join
in cooperative purchasing arrangements with other public agencies similarly authorized. Any
cooperative purchasing agreement sha11 comply with RCW 39.34.030(3)including all future
amendments, addition and deletions and set forth fully the purposes, powers, rights, objectives and
responsibilities of the contracting parties. Any cooperative purchasing agreement sha11 be governed by
the requirements of state law in regard to competitive bidding when applicable. In addition, the
Director of Finance or designee may utilize existing contracts or proposed solicitations of other local,
state, or federal agencies to procure materials, supplies, and equipment for the City consistent with
legal requirements if such methods of procurement would foster economy and efficiency.
Section 18. Emergency procurement.
Notwithstanding any other provisions of these ���Polices, the City Manager or
�'°�:�-��+°a ��°�'�esignee may, in accordance with RCW 35A.40.210, 35.22.620(6), and 39.04.280
--�-a------- --v-
including all future amendments, additions and deletions, make or authorize others to make emergency
procurement of materials, supplies, equipment, or construct public works projects without complying
with the competitive requirements of these Purchasin� Policies when there exists a threat to public
health, welfare, or safety or where the City may suffer a substantial monetary loss by reason of the
time required to follow regular purchasing procedures; provided, that such emergency procurement
shall be made with such competition as is practicable under the circumstances. A written determination
of the basis for the emergency and for the selection of the particular contractor shall be included in the
contract file. As soon as practicable, a record of each emergency procurement shall be made and sha11
set forth the contractor's name, the amount and type of the contract, and a listing of the item(s)
procured under the contract, which shall be reported to the City Council.
Section 19. Other ezemptions.
A. The Director of Finance or designee is authorized to make open market purchases without
obtaining competitive bids or quotations therefor in accordance with RCW 35A.40.210, 35.22.620(6)
and 39.04.280 including a11 future amendments, additions and deletions under the following
conditions:
(1) Items of S,pecial Desi�n. When an item required is of special design, shape or manufacture
to match or fit in with an existing installation and competitive bidding is impracticable;
(2) Sutplus or Distress Sales. When it is possible to procure obvious bargains in surplus or
distress material, supplies or equipment.
(3) Items for quick Deliverv. When the obtaining of competitive bids or quotations will cause
Purchasing Policies 6 November 2009
delay resulting in an appreciable loss to the City;
B. Sma11 Items Not Stocked, Blanket Purchase Orders. The Director of Finance or designee is
authorized to establish blanket purchase orders with local vendors for the purchase of items which are
not stocked by the departments of the City and are available at usual market prices. Such local vendors
,shall be selected on the basis of best overall price policies, breadth and depth of stocks and dedivery
service.
C. Sole source procurement. A contract for the purchase of materials, supplies or equipment may
be awarded without complying with the bidding requirements of this chapter when the Director of
Finance or designee determines in writing, after conducting a good faith review of available sources,
that there is only one source for the required materials, supplies or equipment. The Director of Finance
or designee sha11 conduct negotiations, as appropriate, as to price, terms, and delivery time. A record of
sole source procurement sha11 be maintained that lists each contractor's name, the amount and type of
each contract, and a listing of the items(s) procured under each contract.
MATERIALS, 5UPPLIES AND EQUIPMENT
Section 20. Small purchases.
A. General. Any purchase of materials, supplies or equipment not exceeding the bid limit
specified in Section 10 shall be considered a"sma11 purchase" and shall be made in accordance with
RCW 39.04.190 including all future amendments, additions or deletions. The Director of Finance or
designee sha11 adopt purchase procedures whereby the requirements of Section 11 shall not apply.
Insofar as it is practical, three businesses shall be solicited to submit quotations. The Director of
Finance or designee sha11 keep a reeord of a11 small purchases and quotations submitted in competition
thereon and such records sha11 be open for public inspection during regular office hours. The Director
of Finance or designee shall consider and/or award the purchase order on small purchases to such
vendor as the Director of Finance or designee determines to have submitted the lowest responsive,
responsible quotation, in accordance with the provisions of this chapter.
B. Filing, of statements on awards to other than vendor submitting lowest quotation. When the
award for a small purchase is not given to the vendor submitting the lowest quotation, a statement of
the reasons for placing the order elsewhere shall be prepared and filed with the other papers relating to
the transaction.
C. Rejection of quotations. The Director of Finance or designee shall have the authority to reject
all quotations or parts thereof, with regard to a small purchase of any materials, supplies, or equipment
when he/she determines the public interest will be served thereby, and upon concurrence with
department directors and upon rejection of such quotations shall include the reason therefor in the
records of the transaction.
Section 21. Inspection and testing.
The Director of Finance or designee shall inspect or supervise the inspection of all deliveries
materials, supplies, or equipment to determine their conformance with the specifications set forth in the
request to bid.
A. Inspection b� Using Department. The director of finance or designee may authorize a using
Purchasing Policies 7 November 2009
department having the staff and facilities for adequate inspection to inspect all deliveries made to such
using departments, under operational procedures.
B. Tests. The director of finance or designee may require chemical and physical tests of samples
submitted with bids and samples of deliveries which are necessary to determine their quality and
conformance with the specifications. In the performance of such tests, he/she shall have the authority
to make use of laboratory facilities of any outside laboratory.
Section 22. Purchases for special events.
The City Manager may promulgate procedures to govern the purchase of supplies, such as
food, beverages, decorations and awards, for public events and employee activities, including
employee of the year recognition, volunteer recognition and ceremonial openings of public facilities.
PUBLIC WORKS OR IMPROVEMENTS
Section 23. Definition of public works.
RCW 39.04.010 including all future amendments, additions and deletions is incorporated by
reference.
Section 24. Plans and specifications Estimates —Publication Emergencies.
Plans andlor specifications, and an estimate of the cost of such work must be filed with the
Director of Finance or designee when a public work or improvement is necessary. The plans,
specifications and estimates of cost shall be approved by the Director of Finance or designee and the
original draft or a certified copy filed with the Director of Finance or designee before further action is
taken.
If it is determined that it is necessary or advisable to execute such public work or improvement
by any means, e.g., force account, or method other than by contract, and it appears that the estimated
probable cost of executing the work will exceed the amount as set forth in RCW 39.04.020 including
all future amendments, additions and deletions, then, at least fifteen days before the work is begun, the
Director of Finance or designee shall cause such estimate, together with a description of the work, to
be published at least once in a newspaper of general circulation within the City; except that when any
emergency requires the immediate execution of such public work or improvement, upon finding of the
existence of an emergency by the authority having power to direct such public work or improvement to
be done, duly entered of record, publication of description and estimate may be made within seven
days after the commencement of the work.
Section 25. Small works roster.
Aas an
alternative to general competitive bidding requirements set out in Section 11, the followin�small
works roster procedures are established for use bv the Cit�pursuant to RCW 39.04.155 including all
future amendments additions and deletions.
Purchasing Policies 8 November 2009
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A. Cost. The Cit�need not complv with formal sealed biddin�procedures for the construction,
building renovation remodeling alteration repair or improvement of real propertv where the
estimated cost does not exceed Three Hundred Thousand Dollars ($300,000.00), which includes the
costs of labor material equipment and sales and/or use ta�ces as applicable. Instead, the Citv mav use
the Small Public Works Roster �rocedures for �ublic works projects as set forth within this Section.
The breaking of any nroject into units or accomplishin��projects b�phases is prohibited if it is
done for the purpose of avoiding the maximum dollar amount of a contract that may be let usin� the
small works roster process.
B. Publication. At least once a year on behalf of the Citv, Municipal Research and Services
Center of Washin on ("MRSC"� shall publish in a newspaper of �eneral circulation within the Cit� a
notice of the existence of the roster or rosters and solicit the names of contractors for such roster or
rosters. Responsible contractors shall be added to appropriate MRSC Roster(s at anv time that they
submit a written request and necessarv records. The City mav require master contracts to be si�ned
that become effective when a specific award is made using a small works roster.
C. Telephone or Written Quotations. The Citv shall obtain telephone, written or electronic
�uotations for public works contracts from contractors on the a�propriate small works roster to assure
that a competitive price is established and to award contracts to a contractor who meets the mandatorv
bidder responsibilitv criteria in RCW.39.04.350(1) and may establish supplementarv bidder criteria
under RCW 39.04.350(2).
(1) A contract awarded from a sma11 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 �lans and specifications need not be
included in the invitation.
�2) Quotations mav be invited from all appropriate contractors on the appropriate small works
roster. As an alternative, quotations mav be invited from at least five contractors on the appropriate
small works roster who have indicated the capabilitv of�erforming the kind of work bein� contracted,
in a manner that will equitablv distribute the opportunity amon�the contractors on the appropriate
roster. "Equitablv distribute" means that the Citv mav not favor certain contractors on the appropriate
small works roster over other contractors on the a�propriate small works roster who perform similar
services.
If the estimated cost of the work is from one hundred and fifty thousand dollars ($150.000) to
three hundred thousand dollars ($300 000) the City mav choose to solicit bids from less than all the
��ropriate contractors on the ap�ropriate small works roster but must notifv the remaining contractors
on the appropriate small works roster that quotations on the work are being sought. The City has the
sole option of determining whether this notice to the remaining contractors is made bv:
�a nublishin� notice in a le alg newspaper in �eneral circulation in the area where the
work is to be done;
(b) mailin� a notice to these contractors; or
(c) sending a notice to these contractors by facsimile or email.
(3) At the time bids are solicited, the Citv representative shall not inform a contractor of the
terms or amount of any other contractor's bid for the same project;
�4) A written record shall be made by the City representative of each contractor's bid on the
pro�ect and of any conditions imposed on the bid Immediately after an award is made the bid
Purchasing Policies 9 November 2009
Quotations obtained shall be recorded open to public inspection, and available by telephone inquirv.
D. Limited Public Works Process. If a work, construction, alteration, repair, or improvement
pro�ect is estimated to cost less than thirtv-five thousand dollars ($35 00� the City may award such a
contract using the limited public works process provided under RCW 39.04.155 (3). For a limited
public works project the City will solicit electronic or written quotations from a minimum of three
contractors from the appropriate small works roster and shall award the contract to the lowest
responsible bidder as defined under RCW 39.04.010 After an award is made, the quotations sha11 be
�en to public inspection and available by electronic request.
For limited �ublic works projects, the City may waive the payment and performance bond
requirements of chapter 39 08 RCW and the retaina�quirements of chapter 60 28 RCW therebv
assuming the liabilitv for the contractor's nonpavment of laborers, mechanics, subcontractors,
materialmen su�pliers and taxes imposed under Title 82 RCW that mav be due from the contractor
for the limited public works project. However, the Citv shall have the right of recoverv a�ainst the
contractor for an�pavments made on the contractor's behalf.
The Citv shall maintain a list of the contractors conta.cted and the contracts awarded durin� the
previous 24 months under the limited public works process including the name of the contractor, the
contractor's re�istration number, the amount of the contract, a brief description of the type of work
performed, and the date the contract was awarded.
E. Determining Lowest Responsible Bidder. The Cit�Council sha11 award the contract for the
public works pro}ect to the lowest responsible bidder provided that, whenever there is a reason to
believe that the lowest acceptable bid is not the best price obtainable, all bids mav be rejected and the
overnin b�ody] mav call for new bids. A responsible bidder shall be a re�istered and/or licensed
contractor who meets the mandatory bidder responsibility criteria established by Chapter 133, Laws of
2007 (SHB 2010� and who meets anv supplementarv bidder responsibly criteria established bv the
C�
F. Award. All of the telephone bids or quotations shall be collected and presented at the same
time to the City Council for consideration, determination of the lowest responsible bidder, and award
of the contract.
Section 26. Bonds and bid security Noncollusion affidavit -Insurance.
A. Bid Securitv. Requirement for Bid Security. Bid security shall be required for all competitive
bidding for public work or improvement contracts in accordance with RCW 39.08.010 and 39.08.030
including all future amendments, additions and deletions. Bid security shall be of a type and in a form
established by the director of finance or designee and approved by the city attorney or designee, which
may include a bond provided by a surety company authorized to do business in this state, or the
equivalent in cash, cashier's or certified check and shall be included in the bid package. Bid security
shall be required on bids for materials, supplies and equipment only if determined necessary by the
director of finance or designee.
B. Amount of Bid Securitv. Bid security sha11 be in an amount equal to at least five percent of the
amount of the bid or in another amount as determined by the purchasing manager.
C. Reiection of Bids for Noncompliance with Bid Security Requirements. When the request for
bid requires submittal of bid security, noncompliance will result in rejection of the bid.
D. Withdrawal of Bids. If a bidder is permitted to withdraw its bid before award as provided in
Section 11(G), the bidder's bid security shall be returned.
Purchasing Policies 10 November 2009
E. Contract Performance and Payment Bonds. When required Amounts. When a public works
or improvement contract is awarded as a result of a call for bids under Section 11(H) of these
Purchasing Policies, the following bonds or security shall be delivered to the City and shall become
binding on the parties upon the execution of this contract:
1. (1) A performance bond satisfactory to the City Attorney or designee, executed
by a surety company authorized to do business in this state or otherwise secured
in manner satisfactory to the City for an amount equal to one hundred percent of
the price specified in the contract.
(2) A pavment bond satisfactory to the City Attorney or designee, executed by a surety
company authorized to do business in this state or otherwise secured in a manner satisfactory to the
City for the protection of all persons supplying labor and material to the contractor or its
subcontractors for the performance of the work provided for in the contract. The bond shall be in an
amount equal to one hundred percent of the price specified in the contract.
F. Authorit�to Require Additional Bonds. Nothing in this section shall be construed to limit the
authority of the City to require a performance bond or other security in addition to the bonds specified
herein.
G. Noncollusion Affidavit. As part of any bid submitted, the bidder sha11 be required to warrant
that the bid is a genuine bid and that he or she has not entered into collusion with any other bidder or
any other person by submitting with his or her bid an executed and notarized noncollusion affidavit on
a form approved by the City Attorney.
H. Insurance. Contracts for public works and improvements shall contain such requirements for
the provision of insurance by the contractor as are determined by the Director of Finance or designee.
Section 27. Administrative procedures.
The City Manager may promulgate procedures for the purpose of administering public works
improvement contracts. Such procedures may define the levels of authority pertaining to review and
approval of contract change orders. The Director of Finance or designee is to report change orders to
the City Council on a quarterly basis.
Purchasing Policies 11 November 2009
EXHIBIT B
MRSC Rosters Public Agency Contract
This contract (the "Contract") is made by and between Municipal Research and Services Center of
Washington ("MRSC"), a Washington not-for-profit corporation, and the Citv of Federal Wav (the
"Public Agency").
Public A$encv Information
Name of Public Agency Citv of Federal Wav
County Location(s) King
Mailing Address PO Box 9718
federal Wav, WA 98063-9718
Public Agency Website citvoffederalway.com
1. Purpose. The purpose of this Contract is to provide the Public Agency with membership in a
Contractor Roster Small Public Works ("Contractor Roster") and a Consultant Roster Consulting
Services ("Consultant Roster" and, collectively, "MRSC Rosters"). MRSC is making membership in the
MRSC Rosters available to a number of local government agencies in Washington State to provide them
with more efficient and cost effective services.
2. Scope of Services. MRSC shall create and maintain the MRSC Rosters as allowed to tMe Public
Agency and other Public Agency members by RCW 39.04.155 and Chapter 39.80 RCW, respectively.
MRSC shatl advertise at teast annually for the Small Works Roster in accordance with statutory
requirements on behalf of all Pubtic Agencies with which MRSC has similarly contracted ("Roster
Members"), receive and review contractor applications for comptiance with basic statutory eligibility
requirements, and maintain tists of Contractor Roster contractors. MRSC shatl advertise at least
annually the Consultant Roster in accordance with statutory requirements on behalf of all Roster
Members, receive and review firms' applications for compteteness, and maintain lists of architects,
engineers, and other consultants on the Consultant Roster.
3. Use of MRSC Rosters bv Public A�encv. The Public Agency will use both the MRSC Rosters Smatl
Works and Consultant Rosters as their official roster system. If the Public Agency decides to continue
use of another roster system in addition to MRSC Rosters than that Public Agency is responsible to
utilize both MRSC Rosters and that other system in their selection process either by contacting
contractors/consultants from both systems on every project or through a rotation procedure using both
systems.
(a) Contractor Roster Small Pubtic Works. The Public Agency witl use the Contractor Roster
to select contractors for public work projects up to $300,000 in value or as otherwise limited
by statutes, ordinances, and laws applicable to the Public Agency. The Public Agenty shall be
independently responsible for its own and the selected contractors' compliance with all
additional or varying laws and regulations governing purchases, including all selection laws,
retainage and bonds, prevailing wages, and any other appropriate requirements.
The Public Agency shall be independentty responsible, consistent with applicable laws and its
own policies and practices, for the determination that the setected contractors are responsible
contractors. The Public Agency also shall be independentty responsibte to conduct a quotation
or bid process consistent with applicable statutes, ordinances, and the requirements of the
Public Agency and to enter into a contract directly with the contractor thus selected.
(b} Consuttant Roster Consultin� Services. The Public Agency will use the Consultant Roster
to select engineering, architectural, or other consuttants for negotiations and contracts, and
will do so in accord with all applicable taws and regulations. The Public Agency shall be
MRSC Rosters Contract Page 1 of 3
independently responsible for its own and the selected consuttants' compliance with all
additional or varying laws and regutations governing services, including alt selection laws, and
any other requirements as appropriate.
The Public Agency shall be independently responsible, consistent with applicable laws and its
own policies and practices, for the determination that the selected consultants or firms are
responsible. The Public Agency also shall be independentty responsibte to conduct a consultant
selection process consistent with applicable statutes, ordinances, and the requirements of the
Public Agency and to enter into a contract directly with the consultant thus selected.
(c) Access to MRSC Rosters. MRSC shall make the MRSC Rosters and associated applications
and qualifications for each availabte to the Public Agency by providin� it with a user name and
password for access to MRSC's electronic MRSC Rosters.
4. Compensation of Contractors and Consultants. The Public Agency shall be independently responsible
for payments to any contractor that is selected as a result of its use of the Contractor Roster and to
any consultant that is selected as a result of its use of the Consultant Roster. The Public Agency shall
make all such payments directly to the contractor or consultant selected by the Public Agency.
5. Term. This Contract shall be effective upon its execution by both parties. It shalt continue in force
until cancelled by either party upon 30 days' notice and as provided in Section 10.
6. Compensation of MRSC. The Public Agency will pay MRSC an annual membership fee in the amount
of 400 based on the below Pubtic Agency Fee Structure for services under this Contract. This amount
witl be paid in fult, within 30 days of the execution date of this Contract (and subsequent anniversary
dates of this Contract).
MRSC Rosters Public Agency
Fee Structure
Total Capitat
Expenditures Per Year Annual Fee
($M)
50+ $750
25 50 $500
15 25 $400
10 15 $300
5 10 $200
less than 5 $100
7. Relationship of Parties. MRSC agrees that it will perform the services under this Contract as an
independent contractor and not as an agent, emptoyee, or servant of the Public Agency. Nothing in
this Contract shall be construed to render the parties partners or joint venturers.
8. Limitation of MRSC Liabilitv. MRSC shall not be, directly or impliedly, a party to (i) any contract for
public works construction into which the Pubtic Agency may enter as a result of the Public Agency's use
of the Contractor Roster; or (iij any contract for engineering, architectural, or other services into
which the Public Agency may enter as a result of the Public Agency's use of the Consultant Roster.
MRSC does not accept responsibitity or liabitity for the performance of any contractor or consultant
used by the Public Agency as a result of its use of the MRSC Rosters.
9. Hold Harmless and Indemnification. Each party shatl defend, indemnify, and hold the other party
harmless from any and atl claims, injuries, damages, losses, or suits, including attorney fees, arising
from any negligent act or omission that party's officers, emptoyees, volunteers, and agents in
connection with the performance of this Contract.
MRSC Rosters Contract Page 2 of 3
10. Termination. This Contract may be terminated, with or without cause, by written notice of either
party to the other. Termination shall be effective thirty (30) days after written notice.
11. Non-assiQnment. MRSC shall not subcontract or assign any of the rights, duties, or obligations
imposed upon it by this Contract without the prior express written consent of the Public Agency.
12. Governin� Law and Venue. This Contract shall be governed by the laws of the State of
Washington.
13. Authoritv. Each signatory to this Contract represents that he or she has futl and sufficient
authority to execute this Contract on behatf of MRSC or the Public Agency, as the case may be, and
that upon execution of this Contract it shatl constitute a binding obligation of MRSC or the Public
Agency, as the case may be.
14. Severabilitv. Should any clause, phrase, sentence or paragraph of this Contract be declared
invalid or void, the remaining provisions of this Contract shall remain in full force and effect.
15. Complete A�reement. This Contract constitutes the entire understanding of the parties. Any
written or verbal agreements that are not set forth herein or incorporated herein by reference are
expressty excluded.
16. Contacts. For purposes of Contract administration, the Public Agency designates the following
contacts:
Primary Contact:
Title:
Email:
Telephone:
Facsimile:
Atternative Contact:
Title:
Email:
Telephone
Facsimile:
Cathv Rossick
Account Tech I
cathv. rossickC�citvoffederalway.com
(253) 835-2527
(253) 835-2509
Jeri-Lvnn Clark
Account Tech I
jeri-lvnn.clarkC�citvoffederalwav. com
(253) 835-2526
(253) 835-2509
17. Si$natures. By signing this Contract, the signatories below certify that they have the authority to
enter into this Contract, that they agree to payment of fees in accordance with the stated Public
Agency Fee Structure and that they agree that the Public Agency shall be bound by and adhere to the
Terms and Conditions stated.
MRSC
[Name]
[Title]
[Date]
PUBLIC AGENCY
Brian Wilson
Interim city Manager
Date
MRSC Rosters Contract Page 3 of 3
CITY OF FEDERAL WAY
PURCHASING POLICIES
November 2009
GENERAL PROVISIONS
Section 1. Purpose.
Section 2. Application.
Section 3. Federal funds.
Section 4. Grants.
Section 5. Professional service contracts.
Section 6. Responsibility for purchasing.
Section 7. Authority to execute.
Section 8. Routine expenses.
Section 9. Recycling procwement policy.
COMPETITIVE BIDDING PROCESS
Section 10. Bid limits.
Section 11. Competitive bidding.
Section 12. General standards for determining lowest responsible bidder.
Section 13. Cancellation of requests for bids or requests for proposals.
Section 14. Specifications.
Section 15. City procurement records.
Section 16. Unauthorized purchases.
EXCEPTIONS TO COMPETITIVE BIDDING REQUIREMENT
Section 17. Cooperative purchasing.
Section 18. Emergency procurement.
Section 19. Other exemptions.
MATERIALS, SUPPLIES AND EQUIPMENT
Section 20. Small purchases.
Section 21. Inspection and testing.
Section 22. Purchases for special events.
PUBLIC WORKS OR IMPROVEMENTS
Section 23. Defmition of public works.
Section 24. Plans and specifications Estimates Publication Emergencies.
Section 25. Small works roster.
Section 26. Bonds and bid security Noncollusion affidavit Insurance.
Section 27. Administrative procedures.
GENERAL PROVISIONS
Section 1. Purpose.
The purpose of the City of Federal Way Purchasing Policies ("Policies") is to protect and
advance the public interest by providing for the fair and equitable treatment of all persons involved in
the purchasing process, by maximizing the purchasing value of public funds, by providing safeguazds
for maintaining a purchasing system of quality and integrity, and by following state law.
Section 2. Application.
These Policies apply to the award of contracts by the City for (1) �purchases of materials,
supplies, and equipment; (2) public works and improvements; (3) maintenance; and (4) other goods
and services.
These Policies do not apply to (1) the reimbursement of business expenses incurred by
employees as governed by Ordinance No. 90-25 as now or hereafter amended; (2) purchase and/or
lease of real estate; (3) lease agreements for materials, supplies and equipment unless the agreement is
in excess of twenty thousand dollars or for more than three (3) years duration; and (4) professional and
non-professional service contracts as defined in Section 5.
Section 3. Federal Funds.
When a purchase involves the expenditure of federal funds, purchasing shall be conducted in
accordance with any applicable federallaw or regulation.
Section 4. Grants.
Nothing in this chapter shall prevent the City from complying with the terms and conditions of
any grant, gift or bequest which is otherwise consistent with law.
Section 5. Professional service contracts.
A. General. Professional services, including but not limited to contracts for architectural,
engineering, legal and consulting services, are not subject to the requirements of these Purchasing
Policies. Contracts for architectural and engineering services shall be awarded in accordance with
Chapter 39.80 RCW. For purposes of this section, "professional services" are those services involving
labor, skill, education and special knowledge and where the labor and skill involved is predominately
mental or intellectual, rather than physical or manual.
B. Publication. At least once a year, on behalf of the City, Municipal Research and Services
Center of Washington ("MRSC") shall publish in a newspaper of general circulation within the City a
notice of the existence of the consulting services roster or rosters and solicit statements of
qualifications from firms providing consulting services. Such advertisements will include information
on how to find the address and telephone number of a representative of the City who can provide
further details as to the City's �projected needs for consulting services. Firms or persons providing
consulting services shall be added to appropriate MRSC roster or rosters at any time that they submit a
written request and necessary records. The City may require master contracts to be signed that become
effective when a specific award is made using a consulting services roster.
Purchasing Policies 1 November 2009
C. Professional Architectural and En ing eering Services. The MRSC Rosters will distinguish
between professional architectural and engineering services as defined in RCW 39.80.020 and other
consulting services and will announce generally to the public the City's projected requirements for any
category or type of professional or other consulting services. The City reserves the right to publish an
announcement on each occasion when professional services or other consulting services are required
by the agency and to use paper and/or other electronic rosters that may be kept on file by appropriate
City departments.
Section 6. Responsibility for purchasing.
A. General. The Director of Finance or designee shall be responsible for all City purchasing under
these Policies except where otherwise provided. The Director of Finance or designee shall be head of
the purchasing division of the Finance Department and shall administer these Policies.
B. Duties. In accordance with the Purchasing Policies, the Director of Finance or designee sha11:
(1) Purchase or supervise the purchase of a11 materials, supplies, equipment and
nonprofessional services and award of all public works and improvement contracts by the City;
(2) Sell, trade or otherwise dispose of surplus personal property belonging to the City. The City
Manager shall be responsible for the disposal of real property;
(3) Establish and maintain programs for specifications development, contract administration
and inspection and acceptance, in cooperation with the city departments using the items purchased;
(4) Propose operational procedures consistent with these Policies relating to the execution of
his or her duties. Such procedures shall be followed by a11 City departments. These operational
procedures are subject to prior approval of the City Manager. The City Manager may amend the
procedures as he or she deems appropriate; and
(5) Determine liability and property damage insurance requirements, including but not limited
to coverage requirements, limits of liability, necessary endorsements and other matters relating to
insurance, for any contract entered into by the City under these Policies.
Section 7. Authority to ezecute.
Every contract under these Policies where the annual cost to the City or the annual revenue to
be received by the City for such contracts is:
A. Twenty thousand dollars or less, the City Manager or designee is authorized to sign such
contracts on behalf of the City;
B. More than twenty thousand dollars, approval of the City Council is required for such contracts.
Section 8. Routine expenses.
Routine expenses such as utilities charges, claims and judgments, witness fees, governmental
taxes and governmental fees for licenses and permits may be acquired, ordered or paid in the best
interests of the City within budget appropriations or other council authorization therefor.
Section 9. Recycling procurement policy.
A. Intent. In accordance with RCW 35A.40.210, 35.22.620(10) and 39.30.40 including all future
amendments, additions and deletion, the City of Federal Way finds it desirable to adopt a procurement
Purchasing Policies 2 November 2009
policy promoting the use of recycled products and recyclable products by the City of Federal Way
departments, thereby stimulating the demand for these products and helping to develop markets for
materials that have been diverted from the solid waste stream.
B. Use of recycled Materials. All City of Federal Way departments shall use recycled products
and recyclable products whenever practicable and reasonable.
C. Dutv of the Director of Finance or Designee. The Director of Finance or designee shall
establish and maintain a list of recycled and recyclable products that are available to be purchased by
departments whenever practicable
COMPETITIVE BIDDING PROCESS
Section 10. Bid Limits.
The competitive bidding process outlined in Section 11 is required whenever the estimated cost
of a purchase of materials, supplies and equipment, or a contract for public work or improvement
(including the cost of materials, supplies, equipment and labor), will exceed the sums as set forth in
RCW 35A.40.210 and 35.22.620(3) including all future amendments, additions and deletions.
Whenever the estimated cost of the materials, supplies and equipment is less than the bid limit
as stated above, purchases shall be made in a manner authorized by Section 24 (sma11 purchases).
Whenever the estimated cost of the public work or improvement is less than the bid limit as
stated above a contract for the public work or improvement may be awarded in the manner authorized
by Section 21 (small works roster). The public work or improvement may be performed by city
employees within the limits and to the extent authorized by state law.
Section 11. Competitive bidding.
A. General. Any purchase of material, supplies, and equipment, or any contract for public works
or improvements where the cost thereof exceeds the bid limit in Section 10 shall be by competitive
bidding in accordance with RCW 35A.40.210 and 35.22.620(6) including all future amendments,
additions and deletions, except for purchases and contracts made pursuant to Sections 17 (cooperative
purchasing), 18 (emergency) and 19 (sole source).
B. Request for Bids. A request for bids shall be issued which shall include the specifications and
the contractual terms and conditions applicable to the procurement.
C. Public Notice. Public notice of the request for bids shall be given not less than fourteen (14)
calendar days prior to the date set forth therein for the opening of bids unless another timeline is
deemed necessary by the director of finance or designee. Such notice shall be published, at least once
each week for two (2) consecutive weeks in a newspaper of general circulation. The public notice shall
state the date and time of bid opening. Bids not received by the date and time stated for bid opening
will not be accepted or considered.
D. Bid Opening. Bids shall be submitted sealed to the office of the Director of Finance or as
otherwise specified at any time within regular business hours and sha11 be identified as bids on the
envelope. Bids shall be opened in public by the Director of Finance or designee at the time and place
stated in the request for bids. The amount of each bid, and such other relevant information as the
director of finance or designee deems appropriate, together with the name of each bidder, shall be
announced and recorded. The record and each bid shall be open to public inspection. The Director of
Finance or designee shall ta.bulate the bids and submit them to the concerned department, which will
Purchasing Policies 3 November 2009
make appropriate recommendations to the City Manager.
E. Bid Evaluation. Bids shall be evaluated based on the specifications and other relevant
evaluation criteria set forth in the bid specifications. The evaluation criteria shall be objectively
measurable whenever possible, and may include such factors as discounts, transportation costs, and
total or life cycle costs, inspection or testing which has been done of the product bid, quality,
workmanship, delivery time, and suitability for a particular purpose.
A. F. Bid irregnlarities. Except where otherwise provided in these Policies, bids containing
irregularities will be accepted by the City for consideration. Any action concerning the bid(s)
containing irregularities sha11 be at the discretion of the City Manager andlor City Council in
accordance with the provisions of law. The call for bids for all bids sha11 state the reserved right of the
City to reject any and all bids and to waive irregularities in any provided that no bidder sha11 be
permitted to gain unfair advantage over other bidders by action of the City Council pertaining to this
section.
G. Correction or withdrawal of errors; Cancellation of Awards. Correction or withdrawal of
inadvertent errors in bids before or after bid opening, or cancellation of awards or contracts based on
such bid mistakes, may be permitted by the City to the extent allowed by law. Mistakes discovered
before bid opening may be modified or the bid may be withdrawn by written or telegraphic notice
received in the office designated in the request for bids prior to the time set for opening. After bid
opening, corrections in or withdrawal of bids shall be permitted only to the extent that the bidder can
show by clear and convincing evidence that a mistake was made, the nature of the mistake, and the bid
price actually intended. All decisions to permit the correction or withdrawal of bids after bid opening,
or to cancel awards or contracts based on bid mistakes, will be made by the city manager.
H. Award or rejection of bids, The recommended bids over twenty thousand dollars shall be
submitted to the City Council by the City Manager. The City Council may award the bid to the lowest
responsive, responsible bidder in accordance with Section 12, or may reject all bids in its sole
discretion. The contract shall be considered and/or awarded to the lowest responsible bidder whose bid
meets the specifications and �evaluation criteria set forth in the request for bids.
I. Recalling for bids. The City Council may reject any or all bids and/or call for further bids. If
no responsive, responsible bid is received on the first call, the City may readvertise and make a second
call, or may enter into a contract without any further call.
Section 12. General standards for determining lowest responsible bidder.
In accordance with RCW 43.19.1911 including all future amendments, additions and deletions
to determine the lowest responsive, responsible bidder, in addition to price, the following may be
considered:
A. The ability, capacity and skill of the bidder to perform the contract;
B. Whether the bidder can perform the contract promptly, or within the time specified, without
delay orinterference;
C. The reputation, experience and efficiency of the bidder;
D. The quality of performance of previous contracts by the bidder;
E. The previous and existing compliance by the bidder with laws and ordinances relating to
contracts or services;
F. The sufficiency of the financial resources and ability of the bidder to perform the contract;
Purchasing Policies 4 November 2009
G. The ability of the bidder to provide future maintenance and service for the use of the subject of
the contract;
H. The number and scope of conditions attached to the bid.
Section 13. Cancellation of requests for bids or requests for proposals.
In accordance with RCW 43.19.1911 including all future amendments, additions and deletions
a request for bids may be canceled in the discretion of the Director of Finance or designee. The reasons
therefor shall be made part of the contract file. Each request for bids issued by the City shall state that
the request may be canceled. Notice of cancellation shall be sent to all parties that have been provided
with a copy of the request. The notice shall identify the request for bids and state briefly the reasons for
cancellation.
Section 14. Specifications.
A. M�imum Practicable Competition. All specifications shall be drafted so as to promote overall
economy for the purposes intended and encourage m�imum free and open competition in satisfying
the City's needs. The policy enunciated in this section applies to a11 specifications including but not
limited to those prepared for the City by architects, engineers, designers, and drafters.
B. "Brand Name or Equivalent" Specification. Brand name or equivalent specifications may be
used when the Director of Finance or designee determines that use of a brand name or equivalent
specification is in the City's best interest.
C. Brand Name Specification. Because use of a brand name specification is often restrictive of
competition, it may be used only when the Director of Finance or designee makes a written
determination that only the identified brand name item or items will satisfy the City's needs.
D. Exnerience Clause Restrictions. Experience clauses requiring prospective bidders to have a
record of satisfactory operation or performance may only be used if such requirements have been
adequately justified in writing and approved by the director of finance or designee.
Section 15. City procurement records.
A. Contract File. All determinations and other written records pertaining to the request to bid,
award, or performance of a contract shall be maintained for the City in a contract file by the director of
finance or designee and/or city clerk.
B. Retention of Procurement Records. All procurement records shall be retained and disposed of
by the City in accordance with state law and city ordinances, regulations and guidelines. If a contract is
being funded in whole or in part by assistance from a federal agency, then all procurement records
pertaining to that contract shall be maintained in accordance with any applicable requirements of
federal law.
Section 16. Unauthorized purchases.
Except as provided in these Policies and except as authorized by operational procedures
adopted by the Director of Finance or designee, no city employee shall make any purchase or contract
within the purview of these Policies other than through the Director of Finance or designee. Any
purchase or contract made contrary to the provisions hereof shall not be approved by any city officer
and the City shall not be bound thereby, except as may be required or provided by law.
Purchasing Policies 5 November 2009
EXEMPTIONS TO COMPETITIVE BIDDING REQUIREMENTS
Section 17. Cooperative purchasing.
The Director of Finance or designee is authorized to recommend to the City Council that it join
in cooperative purchasing arrangements with other public agencies similarly authorized. Any
cooperative purchasing agreement shall comply with RCW 39.34.030(3)including a11 future
amendments, addition and deletions and set forth fully the purposes, powers, rights, objectives and
responsibilities of the contraeting parties. Any cooperative purchasing agreement shall be governed by
the requirements of state law in regard to competitive bidding when applicable. In addition, the
Director of Finance or designee may utilize existing contracts or proposed solicitations of other local,
state, or federal agencies to procure materials, supplies, and equipment for the City consistent with
legal requirements if such methods of procurement would foster economy and efficiency.
Section 18. Emergency procurement.
Notwithstanding any other provisions of these Polices, the City Manager or designee may, in
accordance with RCW 35A.40.210, 35.22.620(6), and 39.04.280 including all future amendments,
additions and deletions, make or authorize others to make emergency procurement of materials,
supplies,• equipment, or construct public works projects without complying with the competitive
requirements of these Purchasing Policies when there exists a threat to public health, welfare, or safety
or where the City may suffer a substantial monetary loss by reason of the time required to follow
regular purchasing procedures; provided, that such emergency procurement shall be made with such
competition as is practicable under the circumstances. A written determination of the basis for the
emergency and for the selection of the particular contractor shall be included in the contract file. As
soon as practicable, a record of each emergency procurement shall be made and sha11 �set forth the
contractor's name, the amount and type of the contract, and a listing of the item(s) procured under the
contract, which shall be reported to the City Council.
Section 19. Other ezemptions.
A. The Director of Finance or designee is authorized to make open market purchases without
obtaining competitive bids or quotations therefor in accordance with RCW 35A.40.210, 35.22.620(6)
and 39.04.280 including a11 future amendments, additions and deletions under the following
conditions:
(1) Items of Special Desi�n. When an item required is of special design, shape or manufacture
to match or fit in with an existing installation and competitive bidding is impracticable;
(2) Surplus or Distress Sales. When it is possible to procure obvious bargains in surplus or
distress material, supplies or equipment.
(3) Items for quick Deliver� When the obtaining of competitive bids or quotations will cause
delay resulting in an appreciable loss to the City;
B. Small Items Not Stocked, Blanket Purchase Orders. The Director of Finance or designee is
authorized to establish blanket purchase orders with local vendors for the purchase of items which are
not stocked by the departments of the City and are available at usual market prices. Such Zocal vendors
shall be selected on the basis of best overall price policies, breadth and depth of stocks and delivery
service.
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C. Sole source procurement. A contract for the purchase of materials, supplies or equipment may
be awarded without complying with the bidding requirements of this chapter when the Director of
Finance or designee determines in writing, after conducting a good faith review of available sources,
that there is only one source for the required materials, supplies or equipment. The Director of Finance
or designee shall conduct negotiations, as appropriate, as to price, terms, and delivery time. A record of
sole source procurement shall be maintained that lists each contractor's name, the amount and type of
each contract, and a listing of the items(s) procured under each contract.
MATERIALS, SUPPLIES AND EQUIPMENT
Section 20. Small purchases.
A. General. Any purchase of materials, supplies or equipment not exceeding the bid limit
specified in Section 10 sha11 be considered a"small purchase" and shall be made in accordance with
RCW 39.04.190 including all future amendments, additions or deletions. The Director of Finance or
designee shall adopt purchase procedures whereby the requirements of Section 11 shall not apply.
Insofar as it is practical, three businesses shall be solicited to submit quotations. The Director of
Finance or designee shall keep a record of a11 small purchases and quotations submitted in competition
thereon and such records shall be open for public inspection during regular office hours. The Director
of Finance or designee shall consider and/or award the purchase order on small purchases to such
vendor as the Director of Finance or designee determines to have submitted the lowest responsive,
responsible quotation, in accordance with the provisions of this chapter.
B. Filing of statements on awards to other than vendor submitting lowest quotation. When the
award for a small purchase is not given to the vendor submitting the lowest quota.tion, a statement of
the reasons for placing the order elsewhere shall be prepared and filed with the other papers relating to
the transaction.
C. Rejection of quotations. The Director of Finance or designee shall have the authority to reject
a11 quotations or parts thereof, with'regard to a small purchase of any materials, supplies, or equipment
when he/she determines the public interest will be served thereby, and upon concurrence with
department directors and upon rejection of such quotations sha11 include the reason therefor in the
records of the transaction.
Section 21. Inspection and testing.
The Director of Finance or designee sha11 inspect or supervise the inspection of all deliveries
materials, supplies, or equipment to determine their conformance with the specifications set forth in the
request to bid.
A. Inspection b,�g Denarirnent. The Director of Finance or designee may authorize a using
department having the staff and facilities for adequate inspection to inspect all deliveries made to such
using departments, under operational procedures.
B. Tests. The Director of Finance or designee may require chemical and physical tests of samples
submitted with bids and samples of deliveries which are necessary to determine their qua.lity and
conformance with the specifications. In the performance of such tests, he/she shall have the authority
to make use of laboratory facilities of any outside laboratory.
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Section 22. Purchases for special events.
The City Manager may promulgate procedures to govern the purchase of supplies, such as
food, beverages, decorations and awards, for public events and employee activities, including
employee of the year recognition, volunteer recognition and ceremonial openings of public facilities.
PUBLIC WORKS OR IMPROVEMENTS
Section 23. Definition of public works.
RCW 39.04.010 including a11 future amendments, additions and deletions is incorporated by
reference.
Section 24. Plans and specifications Estimates —Publication Emergencies.
Plans andlor specifications, and an estimate of the cost of such work must be filed with the
Director of Finance or designee when a public work or improvement is necessary. The plans,
specifications and estimates of cost shall be approved by the Director of Finance or designee and the
original draft or a certified copy filed with the Director of Finance or designee before further action is
taken.
If it is determined that it is necessary or advisable to execute such public work or improvement
by any means, e.g., force account, or method other than by contract, and it appears that the estimated
probable cost of executing the work will exceed the amount as set forth in RCW 39.04.020 including
all future amendments, additions and deletions, then, at least fifteen days before the work is begun, the
Director of Finance or designee shall cause such estimate, together with a description of the work, to
be published at least once in a newspaper of general circulation within the City; except that when any
emergency requires the immediate execution of such public work or improvement, upon finding of the
existence of an emergency by the authority having power to direct such public work or improvement to
be done, duly entered of record, publication of description and estimate may be made within seven
days after the commencement of the work.
Section 25. Small works roster.
As an alternative to general competitive bidding requirements set out in Section 11, the
following small works roster procedures are established for use by the City pursuant to RCW
39.04.155 including all future amendments, additions and deletions.
A. Cost. The City need not comply with formal sealed bidding procedures for the construction,
building, renovation, remodeling, alteration, repair, or improvement of real property where the
estimated cost does not exceed Three Hundred Thousand Dollars ($300,000.00), which includes the
costs of labor, material, equipment and sales and/or use taxes as applicable. Instead, the City may use
the Sma11 Public Works Roster procedures for public works projects as set forth within this Section.
The breaking of any project into units or accomplishing any projects by phases is prohibited if it is
done for the purpose of avoiding the maximum dollar amount of a contract that may be let using the
small works roster process.
B. Publication. At least once a year, on behalf of the City, Municipal Research and Services
Center of Washington ("MRSC") shall publish in a newspaper of general circulation within the City a
notice of the existence of the roster or rosters and solicit the names of contractors for such roster or
rosters. Responsible contractors sha11 be added to appropriate MRSC Roster(s) at any time that they
submit a written request and necessary records. The City may require master contracts to be signed
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that become effective when a specific award is made using a small works roster.
C. Telephone or Written Quotations. The City shall obtain telephone, written or electronic
quotations for public works contracts from contractors on the appropriate small works roster to assure
that a competitive price is established and to award contracts to a contractor who meets the mandatory
bidder responsibility criteria in RCW 39.04.350(1) and may establish supplementary bidder criteria
under RCW 39.04.350(2).
(1) 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.
(2) Quotations may be invited from all appropriate contractors on the appropriate small works
roster. As an alternative, quotations may be invited from at least five contractors on the appropriate
small works roster who have indicated the capability of performing the kind of work being contracted,
in a manner that will equitably distribute the opportunity among the contractors on the appropriate
roster. "Equitably distribute" means that the City may not favor certain contractors on the appropriate
small works roster over other contractors on the appropriate small works roster who perform similar
services.
If the estimated cost of the work is from one hundred and fifty thousand dollars ($150,000) to
three hundred thousand dollars ($300,000), the City may choose to solicit bids from less than all the
appropriate contractors on the appropriate small works roster but must notify the remaining contractors
on the appropriate sma11 works roster that quotations on the work are being sought. The City has the
sole option of determining whether this notice to the remaining contractors is made by:
(a) publishing notice in a legal newspaper in general circulation in the area where the
work is to be done;
(b) mailing a notice to these contractors; or
(c) sending a notice to these contractors by facsimile or email.
(3) At the time bids are solicited, the City representative shall not inform a contractor of the
terms or amount of any other contractor's bid for the same project;
(4) A written record shall be made by the City representative of each contractor's bid on the
project and of any conditions imposed on the bid. Immediately after an awazd is made, the bid
quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry.
D. Limited Public Works Process. If a work, construction, alteration, repair, or improvement
project is estimated to cost less than thirty-five thousand dollars ($35,000), the City may award such a
contract using the limited public works process provided under RCW 39.04.155 (3). For a limited
public works project, the City will solicit electronic or written quotations from a minimum of three
contractors from the appropriate small works roster and shall award the contract to the lowest
responsible bidder as defined under RCW 39.04.010. After an award is made, the quotations shall be
open to public inspection and available by electronic request.
For limited public works projects, the City may waive the payment and performance bond
requirements of chapter 39.08 RCW and the retainage requirements of chapter 60.28 RCW, thereby
assuming the liability for the contractor's nonpayment of laborers, mechanics, subcontractors,
materialmen, suppliers, and taxes imposed under Title 82 RCW that may be due from the contractor
for the limited public works project. However, the City shall have the right of recovery against the
contractor for any payments made on the contractor's behalf.
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The City shall maintain a list of the contractors contacted and the contracts awarded during the
previous 24 months under the limited public works process, including the name of the contractor, the
contractor's registration number, the amount of the contract, a brief description of the type of work
performed, and the date the contract was awarded.
E. Determinin� Lowest Responsible Bidder. The City Council shall award the contract for the
public works project to the lowest responsible bidder provided that, whenever there is a reason to
believe that the lowest acceptable bid is not the best price obtainable, all bids may be rejected and the
[governing body] may call for new bids. A responsible bidder sha11 be a registered and/or licensed
contractor who meets the mandatory bidder responsibility criteria established by Chapter 133, Laws of
2007 (SHB 2010) and who meets any supplementary bidder responsibly criteria established by the
City.
F. Award. All of the telephone bids or quotations shall be collected and presented at the same
time to the City Council for consideration, determination of the lowest responsible bidder, and award
of the contract.
Section 26. Bonds and bid security Noncollusion affidavit -Insurance.
A. Requirement for Bid Securitv. Bid security shall be required for all competitive bidding for
public work or improvement contracts in accordance with RCW 39.08.010 and 39.08.030 including a11
future amendments, additions and deletions. Bid security shall be of a type and in a form established
by the director of finance or designee and approved by the city attorney or designee, which may
include a bond provided by a surety company authorized to do business in this state, or the equivalent
in cash, cashier's or certified check and sha11 be included in the bid package. Bid security sha11 be
required on bids for materials, supplies and equipment only if determined necessary by the director of
finance or designee.
B. Amount of Bid Securitv. Bid security sha11 be in an amount equal to at least five percent of the
amount of the bid or in another amount as determined by the purchasing manager.
C. Rejection of Bids for Noncompliance with Bid Security Requirements. When the request for
bid requires submittal of bid security, noncompliance will result in rejection of the bid.
D. Withdrawal of Bids. If a bidder is permitted to withdraw its bid before award as provided in
Section 11(G), the bidder's bid security shall be returned.
E. Contract Performance and Pavment Bonds. When required Amounts. When a public works
or improvement contract is awarded as a result of a call for bids under Section 11(H) of these
Purchasing Policies, the following bonds or security shall be delivered to the City and shall become
binding on the parties upon the execution of this contract:
l. (1) A performance bond satisfactory to the City Attorney or designee, executed
by a surety company authorized to do business in this sta.te or otherwise secured
in manner satisfactory to the City for an amount equal to one hundred percent of
the price specified in the contract.
(2) A pavment bond satisfactory to the City Attorney or designee, executed by a surety
company authorized to do business in this state or otherwise secured in a manner satisfactory to the
City for the protection of all persons supplying labor and material to the contractor or its
subcontractors for the performance of the work provided for in the contract. The bond shall be in an
amount equal to one hundred percent of the price specified in the contract.
F. Authority to Require Additional Bonds. Nothing in this section shall be construed to limit the
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authority of the City to require a performance bond or other security in addition to the bonds specified
herein.
G. Noncollusion Affidavit. As part of any bid submitted, the bidder shall be required to warrant
that the bid is a genuine bid and that he or she has not entered into collusion with any other bidder or
any other person by submitting with his or her bid an executed and notarized noncollusion �davit on
a form approved by the City Attorney.
H. Insurance. Contracts for public works and improvements shall contain such requirements for
the provision of insurance by the contractor as are determined by the Director of Finance or designee.
Section 27. Administrative procedures.
The City Manager may promulgate procedures for the purpose of administering public works
improvement contracts. Such procedures may define the levels of authority pertaining to review and
approval of contract change orders. The Director of Finance or designee is to report change orders to
the City Council on a quarterly basis.
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