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036-22 - Resolution - Procurement PoliciesDocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 RESOLUTION NO.036-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING RESOLUTION NO. 042-20, EXHIBIT A, PROCUREMENT POLICIES AND PROCEDURES, PERTAINING TO PROCUREMENT OF NON -ARCHITECTURAL AND ENGINEERING PROFESSIONAL SERVICES. WHEREAS, Staff is currently undertaking a review and update to the City's Procurement Policies and Procedures, adopted by the City Council via Resolution No. 042-20, with proposed submission to Council to occur in 2022; and WHEREAS, Staff have identified an urgent need to seek an amendment to the policies pertaining to the procurement of non -Architectural and Engineering Professional Services, which are currently subject to the same procurement parameters as formal bidding for the procurement of public works; and WHEREAS, existing policy limits staff's ability to consider qualifications when procuring non -Architectural and Engineering Professional Services; and WHEREAS, the City Council finds it in the best interest of the City and its residents to amend the City's Procurement Policies and Procedures to allow staff to evaluate qualifications, while ensuring the responsible use of public funds; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council amends Resolution No. 042-20, Exhibit A, to read, in part, as follows: "Request for Proposal (RFP)" means a process that requests interested firms to submit a statement of their proposal for completing a project. Proposals may be evaluated based upon the suitability, practicality, quality of the proposal and experience and cost, provided. price is usually not the sole evaluation factor (unless required by law). The RFP process provides for the negotiation of all terms, including price, prior to contract award, and may include a provision for the negotiation of best and final offers. "Request for Qualifications (RFQ)" means a process that requests interested firms to submit a statement of their qualifications for completing a project. Statements may be evaluated based upon the qualifications, suitability, practicality, quality of the proposal and experience and cost, provided price is usually not the sole evaluation factor (unless required by law). The RFQ process provides for the negotiation of all terms, including price, prior to contract award, and may include a provision for the negotiation of best and final offers. DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 Resolution No. 036-22 Page 2 of 24 Non-A/E Professional Services Personal services involve technical expertise provided by a consultant to accomplish a specific study or project task. These activities and products are mostly intellectual in nature, but exclude architecture and engineering services, which have their own requirements. For example, comprehensive plans, legal services, and management analyses. The City has contracted with the Municipal Research and Services Center (MRSC) to host the City's Consultant Rosters, and where applicable will adhere to the requirement of RCW 39.04.190. Local and State: Estimated cost of $150,000 and under may solicit statements of qualifications from consultants utilizing the MRSC consultant rosters (where feasible, from three qualified consultants), minimal competition, seek written quotes (where feasible, from three qualified consultants), RFP, RFQ, or formal competitive bidding. Estimated cost of over $150,000 may issue an RFP, RFQ, solicit statements of qualifications from consultants utilizing the MRSC consultant rosters (where feasible, from three qualified consultants), or use formal competitive bidding. Federal: Estimated cost of $150,000 and under may use RFP, RFQ, or small purchase procedures. Estimated cost over $150,000 may use RFP, RFQ, or Sealed/Formal Bids. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 121" day of April 2022. Lt uSigned y: *f �t vain suu Robert Putaansuu, Mayor ATTEST: , "o`RT:o" DocuSigned by: Q. OR",,, G Brandy Wallace, MMC, City Clerk ::SEAL DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 CITY OF PORT ORCHARD Procurement Policies & Procedures 216 Prospect Street Port Orchard, WA 98366 www.citvofportorchard.us Revised 3/28/2022 DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 Procurement Policies & Procedures Table of Contents PURPOSEOF POLICY............................................................................................................................................4 DEFINITIONS.........................................................................................................................................................................4-6 GENERALPROVISIONS........................................................................................................................................................6-7 BUDGET SUFFICIENCY FINANCING FEDERAL AND STATE FUNDS SIGNATURE AUTHORITY COST PROCUREMENT OF GOODS AND SERVICES.........................................................................................................7-8 LOCAL BUSINESS SOLICITING SPECIFIC BRAND PURCHASING LIMITATIONS GENERAL PURCHASES PUBLIC WORKS PUBLIC WORKS PROJECTS AND PREVAILING WAGE LAWS ARCHITECTURAL, ENGINEERING, LANDSCAPE ARCHITECTURE, OR SURVEYING SERVICES (A&E) PERSONAL SERVICES PURCHASED SERVICES BIDPROCEDURES..............................................................................................................................................9-11 WRITTEN QUOTES VENDOR LIST SMALL WORKS ROSTER SMALL WORKS BID PROCEDURE LIMITED PUBLIC WORKS PROCESS FORMAL COMPETITIVE BID PROCEDURES EXEMPTIONS TO COMPETITIVE BIDDING.................................................................................................................11-13 SOLE SOURCE PURCHASES PURCHASES INVOLVING SPECIAL FACILITIES OR MARKET CONDITIONS PURCHASES IN THE EVENT OF AN EMERGENCY INTERLOCAL AGREEMENTS COOPERATIVE PURCHASING (PIGGYBACKING) US COMMUNITIES SHARED PURCHASING TELECOMMUNICATIONS SYSTEMS/SERVICES CHANGEORDERS.................................................................................................................................................13 PURCHASEORDERS.......................................................................................................................................................14 CONFLICTS OF INTEREST...............................................................................................................................................14 City of Port Orchard Page 2 of 22 Procurement Policies & Procedures DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 EXHIBITS................................................................................................. BUDGET ADJUSTMENT REQUEST WASHINGTON STATE PREVAILING WAGE LAW PURCHASE QUOTATION SHEET SOLE SOURCE VENDOR STATEMENT PURCHASES THROUGH INTERLOCAL AGREEMENT CHECKLIST CHANGE ORDER PURCHASE ORDER 15-20 City of Port Orchard Page 3 of 22 Procurement Policies & Procedures DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 1.0 Purpose of the Policy This Policy establishes guidelines for employees when purchasing goods, equipment, supplies and materials, public works projects, architecture, engineering, landscape architecture, surveying services, personal services, purchased services and contracting for services. The procedures set forth in this manual are designed to assure the citizens and elected officials that the City of Port Orchard is receiving maximum value for each tax and utility dollar expended and ensure fiscal responsibility in the procurement process, while assuring compliance with State, Federal, and City regulations and rules. This policy is dated March 31, 2017 and supersedes all purchasing directives. All references to the Revised Code of Washington (RCW), Federal Code, and/or City Ordinances, Resolutions, and personnel policies shall be incorporated as part of this policy including all future amendments. 2.0 Definitions "Architectural services" means services rendered by any person, other than a city employee, to perform activities within the scope of the professional practice of architecture ( RCW 18.08), professional practice of engineering and land surveying ( RCW 18.43), and/or professional practice of landscape architecture ( RCW 18.96). "Bid splitting" means breaking a public works project or purchase of equipment, materials, or supplies into units. The city may not break a public works project into units to avoid compliance with bidding statutes. RCW 35.23.352. "Change order" means the authority to change the scope of service, time, and/or the amount of a contract. "Contract" means a contract in writing for the execution of a fixed or determinable amount duly awarded after advertisement and competitive bid, or a contract awarded under the small works roster process in RCW 39.04.155. "Emergency" means unforeseen circumstances beyond the control of the municipality that either: (a) Present a real, immediate threat to the proper performance of essential functions; or (b) will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken. RCW 39.04.280. "Formal competitive bid" is the process of advertising and receiving sealed written bids from prospective vendors. The lowest responsible bidder is selected and awarded the contract. This is for largest and most complex contracts and purchases that reach the defined amounts. "Informal competition" is the process of using the small public works roster or vendor list. This is for medium sized purchases and contracts up to a certain amount. "Interlocal agreement" isan agreement in which the city exercises its governmental powers in a joint or cooperative undertaking with another public agency. "Landscape architecture," as defined in RCW 18.96.030, means the rendering of professional services in connection with consultations, investigations, reconnaissance, research, planning, design, construction document preparation, construction administration, or teaching supervision in connection with the development of land areas where, and to the extent that, the dominant purpose of such services is the City of Port Orchard Page 4 of 22 Procurement Policies & Procedures DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 preservauun, ennancernenL, ur Ut!Lerrninauun Uf proper land uses, natural land features, ground cover and planting, naturalistic and aesthetic values, the settings and approaches to structures or other improvements, or natural drainage and erosion control. This practice includes the location, design, and arrangement of such tangible objects as pools, walls, steps, trellises, canopies, and such features as are incidental and necessary to the purposes in this chapter. Landscape architecture involves the design and arrangement of land forms and the development of outdoor space including, but not limited to, the design of public parks, trails, playgrounds, cemeteries, home and school grounds, and the development of industrial and recreational sites. "Minimal Competition" means there is no requirement to seek multiple quotes below the established threshold, and competitive bidding is not required. Price quotes may be obtained from vendors that are obtained using a variety of mediums such as phone, fax, e-mail, or writing. If the department seeks quotes, the results should be documented. This is typically used for small contracts and purchases to a certain amount. "Ordinary maintenance" is work not performed by contract and that is performed on a regularly scheduled basis (e.g. daily, weekly, seasonally, semiannually, but not less frequently than once per year), to service, check or replace items that are not broken; or work not performed by contract that is not regularly scheduled but is required to maintain the asset so that repair does not become necessary. "Personal Services" are services that involve technical expertise provided by a consultant to accomplish a specific study, project, task, or other work statement, not including architecture and engineering. Examples include Graphic Design, Advertising, Consulting, Attorneys and Real Estate Services. "Piggybacking" means the use of other governmental agencies' purchasing contracts without going out for a formal competitive bid, as the other agency has already done it. "Practice of architecture," as defined in RCW 18.08.320, means the rendering of services in connection with the art and science of building design for construction of any structure or grouping of structures and the use of space within and surrounding the structures or the design for construction of alterations or additions to the structures, including but not specifically limited to predesign services, schematic design, design development, preparation of construction contract documents, and administration of the construction contract. "Procurement Officer" is the public works employee designated as the purchasing agent for public works procurements. The officer ensures that the department secures the best products and services within the bid specifications consistent with City policy, federal regulations and state statute. "Professional engineer," as defined in RCW 18.43.020, means a person who, by reason of his or her special knowledge of the mathematical and physical sciences and the principles and methods of engineering analysis and design, acquired by professional education and practical experience, is qualified to practice engineering as defined in this section, as attested by his or her legal registration as a professional engineer. "Professional land surveyor," as defined in RCW 18.43.020, means a person who, by reason of his or her special knowledge of the mathematical and physical sciences and principles and practices of land surveying, which is acquired by professional education and practical experience, is qualified to practice land surveying and as attested to by his or her legal registration as a professional land surveyor. "Public work," as defined in RCW 39.04.010, means all work, construction, alteration, repair, or improvement other than ordinary maintenance executed at the cost of the city or which is by law a lien or charge on any city property. Public works projects include the related materials, supplies, and equipment to complete the project. City of Port Orchard Page 5 of 22 Procurement Policies & Procedures DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 "Purchased Service" is a service provided by vendors for routine, necessary, and continuing functions of a local agency, mostly related to physical work. "Purchase Order" is a document which authorizes the delivery of specified merchandise or the rendering of certain services and the marking of a charge for them. The City of Port Orchard is guaranteeing payment when a purchase order is provided to a vendor. "Purchasing Agent" as designated in Resolution No. 1086 means the City Clerk who is authorized to execute requests for performance bonds, vouchers involving disbursement of funds, routine purchase orders, and routine correspondence on behalf of the City. "Request for Proposal (RFP)" means a process that requests interested firms to submit a statement of their proposal for completing a project. Proposals may be evaluated based upon the suitability, practicality, quality of the proposal and experience and cost, provided. price is usually not the sole evaluation factor (unless required by law). The RFP process provides for the negotiation of all terms, including price, prior to contract award, and may include a provision for the negotiation of best and final offers. "Request for Qualifications (RFQ)" means a process that requests interested firms to submit a statement of their qualifications for completing a project. Statements may be evaluated based upon the qualifications, suitability, practicality, quality of the proposal and experience and cost, provided price is usually not the sole evaluation factor (unless required by law). The RFQ process provides for the negotiation of all terms, including price, prior to contract award, and may include a provision for the negotiation of best and final offers. "Small Works Roster" is a roster of qualified contractors who can bid for an eligible project below $300,000. RCW 39.04.155 establishes the requirements for small works roster contracts. "Sole Source Supplier" occurs when competition among potential vendors is not possible for a particular procurement. If a purchase is clearly and legitimately limited to a single supplier, sole source procurement is appropriate. These situations often arise when an agency has specific technological requirements. 3.0 General Provisions Budget Sufficiency Each Department Director must ensure that purchases are initiated only when the departmental budget is sufficient to cover the anticipated cost. Expenditures that exceed departmental appropriations require a budget amendment approved by City Council. Requests for budget amendments must be submitted in writing, see Exhibit 1, and shall be forwarded to the Mayor and City Treasurer prior to seeking approval from the City Council. Financing Consistent with Resolution No. 022-12 Finance Policies, the City may finance capital equipment, vehicles, land, or infrastructure improvements. Financing recommendations shall be the responsibility of the Finance Director. Financing instruments or structures require authorization consistent with City practices and procedures prior to entering into any such arrangement. Federal or State Funds Procurement involving the expenditure of state or federal funds or grants, shall be conducted in accordance with the Code of Federal Regulations (CFR) Title 2: Grants and Agreements §200.318. General procurement standards require that the City must use its own documented procurement procedures which reflect applicable State, local, and tribal laws City of Port Orchard Page 6 of 22 Procurement Policies & Procedures DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 dIIU IC%UIdUUrIJ, PIL)VIUCU UIdl uie Pl UUMUIT)UHLJ conform to applicable Federal law and the standards outlined in §200.318. Breaking Down or Bid Splitting Purchases Prohibited Purchases shall not be broken into multiple projects or purchases to avoid limitation requirements of State bidding statutes or City policy. Signature Authority The Mayor or designee shall sign all contracts upon approval by the City Council, consistent with RCW 35A.12.100, RCW 35A.12.190 and RCW 35A.11.020. . Purchase Cost Purchase cost includes sales tax, finance charges, delivery charges, set-up and assembly fees, and any other related miscellaneous charges. 4.0 Procurement of Goods and Services Local Business Local businesses should be encouraged to submit bids on city procurements that are open to everybody. Consistent with RCW 39.30.040, the City may award a contract to a bidder submitting the lowest bid after such tax revenue has been considered. Soliciting a Specific Brand The City may advertise for bids by specifying a particular brand name item as long as the responsible official has exercised their judgement and determined that a certain brand name is of higher quality or is better suited to the City's needs. There is no requirement that bid specifications naming a particular brand also include a phrase such as "or an equal brand." Contracting and Purchasing Limitations 1. Purchases and contracts greater than $35,000, require Council authorization. 2. Purchase limitations apply to the cost of individual items or the sum of the same items purchased at the same time to fulfill a specific business need, which are not part of a public works project as defined by RCW 39.04.010. 3. Expenditures are required to be within budgeted authority. 4. Contracts or purchases exceeding $7,500 and are not consistent with the adopted budget require Council approval. 5. No provision prevents seeking Council approval for purchases falling within the limitations. Purchasing Purchasing refers to purchase of goods, equipment, materials, and supplies not connected with a public works project. Local and State: $7,500 and under, may use minimal competition process, informal competition process, or formal competitive bidding. $7,501- $15,000, may use informal competition process or formal competitive bidding. City of Port Orchard Page 7 of 22 Procurement Policies & Procedures DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 VVCI i71D,VVV, IIIUbL UbC IVIIIIdI W[11f t::L1LIVC UIUding. Federal: $3,500 and under, micro purchase procedures (not competitive, distributed equitably) $3,501 - $150,000, small purchase procedures (price or rate quotations) Over $150,000, Sealed/Formal Bids Public Works Public Works projects include all work, construction, building, renovation, remodeling, alteration, repair, or improvement, other than ordinary maintenance, of real property; as defined in RCW 39.04.155(1) Local and State: Over $350,000, must use formal competitive bidding. $75,500 and over (single craft) or $116,155 and over (multiple craft), up to $350,000, may use a small public works roster, or formal competitive bidding. Under $75,500 (single craft) or $116,155 (multiple craft), may use the above methods or day labor, informal competition, or may obtain three telephonic, electronic or written quotations. Under $50,000, may use the above methods or limited public works process Under $10,000, may use the above methods or may obtain a single telephonic, electronic or written quotation. Federal: $150,000 and under, small purchase procedures (price or rate quotations) Over $150,000, Sealed/Formal Bids Public Works Projects and Prevailing Wage Laws Public works projects ("...all work, construction, alteration, repair, or improvement other than ordinary maintenance executed at the cost of the city..."), including maintenance when performed by contract, are governed by Chapter 39.12 RCW Prevailing Wages on Public Works requirements, regardless of contract amount. It is the responsibility of the contracting employee to notify the vendor of prevailing wage requirements and obtain compliance documentation prior to awarding any public works contract. Public works contracts will only be awarded to contractors who document compliance with the Washington State Prevailing Wage Law. The department head or designee managing the project is responsible for collecting compliance documents. Failure to follow prevailing wage laws will result in delayed or denied payment to the vendor. The City cannot pay for public works projects that are in violation of prevailing wage laws. (See Exhibit 2.) Architectural, Engineering, Landscape Architecture, or Surveying Services (A/E) Services Professional architecture and engineering (A&E) services are services provide by any person, other than an employee of the City, that fall under the general statutory definitions as set forth in Section 2 "Definitions" of this policy. These services must follow the same qualifications -based selection (QBS) process outlined in RCW 39.80. The City has contracted with the Municipal Research and Services Center (MRSC) to host the City's Consultant Roster and will adhere to the requirement of RCW 39.04.190. Local and State: The City may solicit competitive bids and evaluate them based on qualifications, without regard to cost. Federal: Over $150,000, Competitive Proposals City of Port Orchard Page 8 of 22 Procurement Policies & Procedures DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 IMUI I-H/ C I'I VICJJIVIIdI at! I VIGCJ Personal services involve technical expertise provided by a consultant to accomplish a specific study or project task. These activities and products are mostly intellectual in nature, but exclude architecture and engineering services, which have their own requirements. For example, comprehensive plans, legal services, and management analyses. The City has contracted with the Municipal Research and Services Center (MRSC) to host the City's Consultant Rosters, and where applicable will adhere to the requirement of RCW 39.04.190. Local and State: Estimated cost of $150,000 and under may solicit statements of qualifications from consultants utilizing the MRSC consultant rosters (where feasible, from three qualified consultants), minimal competition, seek written quotes (where feasible, from three qualified consultants), RFP, RFQ, or formal competitive bidding. Estimated cost of over $150,000 may issue an RFP, RFQ, solicit statements of qualifications from consultants utilizing the MRSC consultant rosters (where feasible, from three qualified consultants), or use formal competitive bidding. Federal: Estimated cost of $150,000 and under may use RFP, RFQ, or small purchase procedures. Estimated cost over $150,000 may use RFP, RFQ, or Sealed/Formal Bids. Purchased Services Purchased services are those provided by vendors for routine, necessary, and continuing functions mostly relating to physical activities. These services are usually repetitive, routine, or mechanical in nature, support the City's day-to- day operations, involve the completion of specific tasks or projects, and involve minimal decision -making. For example delivery/courier service, herbicide application, recycling/disposal/litter pickup service, vehicle inspection, lubricating and repair services. Local and State: $25,000 and under, may use minimal competition, seek written quotes, use consultant roster, or formal competitive bidding. Over $25,000, must use formal competitive bidding Federal: $150,000 and under, may use small purchase procedures (price or rate quotations) Over $150,000, Sealed/Formal Bids 5.0 Bid Procedures Written Quotes Small contracts or purchases requiring written quotes must be documented on a quote sheet. Quote sheet is included as Exhibit 3. Vendor List RCW 39.04.190 allows the use of informal vendor lists. A vendor list is a directory, maintained by a local government agency, of vendors who are interested in selling equipment, materials, and supplies to the agency. The City may create multiple vendor lists for different types of products. When using the vendor list, the city should secure quotes from at least three of the vendors on the list, if possible, and award the contract to the lowest responsible bidder. The City has contracted with the Municipal Research and Services Center (MRSC) to host the City's Vendor Roster and will adhere to the requirement of RCW 39.04.190. City of Port Orchard Page 9 of 22 Procurement Policies & Procedures DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 Small Works Roster Local and State: RCW 39.04.155(1) provides uniform small works roster provisions to award contracts for construction, building, renovation, remodeling, alteration, repair, or improvement of real property. The Small Works Roster may be used for public work projects valued at $350,000 and below in lieu of formal bidding. Use of the Small Works Roster allows the City to avoid the advertisement requirements of the formal competitive process. All other bidding requirements are the same. The City has contracted with the Municipal Research and Services Center (MRSC) to host the City's Small Public Works Roster and will adhere to the requirement of RCW 39.04.190. Federal: If any federal funds are used to pay for all or a portion of the cost, the City must use the formal bidding process at the federal threshold of $150,000. Small Works Bid Procedure 1. Invitations for Quotations. 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. These requirements do not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes. 2. Number of contractors invited. 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. However, if the estimated cost of the work is from one hundred fifty thousand dollars ($150,000) to three hundred thousand dollars ($350,000), a state agency or local government that chooses to solicit bids from less than all the appropriate contractors on the appropriate small works roster must also notify the remaining contractors on the appropriate small works roster that quotations on the work are being sought pursuant to RCW 39.04.155 (2)(c) 3. Vendors/contractors selected from the Small Works Roster are not relieved from observing applicable legal requirements such as those relating to Performance Bonds, Prevailing Wages, Labor and Material Bonding, etc. 4. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry. 5. As required by RCW 39.04.200, every even numbered month, the City must post a list of contracts awarded from the small works roster over at least the previous two months. The list must contain the name of the contractor, the amount of the contract, a brief description of the type of work performed, and the date of the award. Limited Public Works Process (RCW 39.04.155(3)) For limited public work projects may award a contract for work, construction, alteration, repair, or improvement projects with an estimated cost of $50,000 or less, the city may use the limited public works process described below in lieu of the small works process. 1. Invitations for Quotations. City of Port Orchard Page 10 of 22 Procurement Policies & Procedures DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 111VILauu11s iu[ yuuLauuris Snail iriauue ari 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. These requirements do not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes. 2. Number of contractors invited. Electronic or written quotations shall be solicited from a minimum of three contractors from the appropriate small works roster and the city shall award the contract to the lowest responsible bidder as defined under RCW 39.04.010. 3. Notification of Award. After an award is made, the quotations shall be open to public inspection and available by electronic request. The city shall maintain a list of the contractors contacted and the contracts awarded during the previous twenty-four 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. 4. Vendors/contractors selected using the Limited Public Works Process are required to comply with prevailing wage and insurance requirements. Formal Competitive Bid Procedures 1. Publication of Notice. The requesting department director (or designee) will publish the Call for Bids in the official newspaper or a newspaper of general circulation most likely to bring responsive bids, at least thirteen days prior to the last date upon which bids will be received. 2. Notice Contents. Notice (or advertisement) for bids should contain definite specifications and procedures for bidders to use to estimate their bids. At a minimum, a bid notice for public works must include: • Project title; • Nature and scope of work; • Where contract documents (plans and specifications) can be reviewed or 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; • Statement that the City retains the right to reject any and all bids and to waive minor irregularities in the bidding process; • Statement that the contract involves "public work," and that workers shall receive the prevailing rate of wage pursuant to the Prevailing Wages on Public Works Act (Chapter 39.12 RCW); • List of the applicable prevailing wage rates; and • Statement that the City is an equal opportunity employer and invites responsive bids from all qualified responsible bidders. In addition, providing evaluation criteria; minimum qualifications; date, time, and location of pre -bid conference (if applicable); name, address, and telephone number of the project contact; and number of required copies will help bidders prepare responsive submittals. 3. Acceptance of Bids. Bids are submitted to the City Clerk, where they are time and date stamped and held until bid opening. City of Port Orchard Page 11 of 22 Procurement Policies & Procedures DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 1F. DIU Upt.1111%. City Clerk on the day the bids are due, will open all sealed bids and read each bid out loud. 5. Report on Bids. The City Clerk, or designee, will prepare the Bid tab sheet and provide it to the responsible department director. The responsible department director will provide a recommendation on all bids received. 6. Bid Award. The City may select the qualified vendor whose proposal is most advantageous to the City, with price and other factors considered. 7. Rejection of Bids. The City reserves the right to reject any bid not in substantial compliance with the bid documents, or all prescribed public bidding procedures and requirements, and may reject for good cause any or all bids upon a finding of the City that it is in the public interest to do so. The following shall apply to bid solicitations: • Selection of a winning offer is based primarily on lowest responsive bid. Quality and expertise, however, must also be a consideration. • To ensure consistency and fair process, the City will use standard forms, documents, contracts, and terms and conditions, when practical. The Public Works Department will maintain templates for bid -related documents for use by departments. • Minimum qualifications are stated to ensure respondents are reasonably qualified. Minimum qualifications cannot be used to eliminate qualified vendors. Minimum qualifications should be tested against the marketplace to ensure they aren't overly restrictive. • When practical, the City will conduct a pre -bid conference to allow a thorough discussion of the City's intent, scope, specifications, and terms. Interested companies should be encouraged to attend. 6.0 Exemptions to Competitive Bidding Section 39.04.280 RCW provides uniform exemptions to competitive bidding requirements utilized by municipalities when awarding contracts for public works and contracts for purchases. Competitive bidding requirements may be waived for: Sole Source Purchases Purchases that are clearly and legitimately limited to a single source of supply (Sole Source Vendor): If, after conducting a good faith review of available resources, the requesting department director determines that there is only one source of the required materials, supplies, or equipment, a purchase contract may be awarded without complying with established bid requirements. The requesting department director mustcomplete the Sole Source Vendor Statement form, attached as Exhibit 4, and must be filed with the contract. Purchases involvine saecial facilities or market conditions The Mayor may waive established bidding requirements if an opportunity arises to purchase favorably -priced equipment at an auction, or supplies or used goods that will be sold before the City can conduct the bid process. Purchases in the event of an emergency If an emergency situation has been declared, the Mayor may waive competitive bidding requirements and the City may award all necessary contracts to purchase goods, materials, or services to address the emergency situation. Purchase order(s) must be properly documented as pertaining to an emergency as soon as possible following the event. If a contract is awarded without competitive bidding due to a declared emergency, the City Council must City of Port Orchard Page 12 of 22 Procurement Policies & Procedures DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 duUPL d IUbUIUUUII l.Cl 111 yll lr' LIM. CI I ICI rt=[It y biLuatlon existed no later than two weeks following the award of the contract. Intergovernmental Purchases and Piggybacking The City may make purchases using another local, state, or federal agency's purchasing contract, a process known as "piggybacking". The host entity and the City of Port Orchard must follow the statutory contracting requirements and post solicitations online, as outlined in RCW 39.34. In addition, City staff should use the Purchases through Interlocal Agreements checklist, attached as Exhibit 5. Telecommunication Systems/Services The City may acquire electronic data processing or telecommunication equipment, software, or services through competitive negotiation rather than through competitive bidding as outlined in RCW 39.04.270. 7.0 Change Orders Upon recommendation of the department director, and demonstration that a Change Order is necessary and reasonable, the department director is authorized to approve any and all Change Orders that do not exceed 10% of either the legally authorized budget limit for the applicable project or either the contract amount established by the City Council, with a maximum approval amount of $50,000. The Mayor is authorized to approve any and all Change Orders that do not exceed either 10% of the legally authorized budget limit for the applicable project or either the contract amount established by the City Council, with a maximum approval amount of $100,000. A completed Change Order form, attached as Exhibit 6, must be filed with the contract. Change Orders in Excess of City Council Authorized Budget Appropriations. Upon recommendation of the department director, and demonstration that a Change Order is necessary, the responsible department director shall submit to the City Council a Change Order Request to include the amount of requested funds and a written justification describing why the additional funds are necessary and the benefits to be derived. A request for budget amendment shall accompany the Change Order. If the City Council approves the Change Order Request, the responsible department director shall take the necessary actions to enact the Change Order and complete the work in an expeditious manner in accordance with the City Council's direction. If the City Council denies the Change Order Request, the responsible department director shall report back to the Mayor and City Council with options as to how to accomplish the project/contract within the funds allocated. Consistent with RCW 39.04.280, in the event of an emergency or the need to take immediate or expeditious action necessary to protect or maintain the public health, safety, or welfare; or to prevent damage to public or private property, and with approval of the Mayor, department directors are authorized to enact Change Orders in excess of the legally authorized expenditure level. The responsible department director shall timely report such actions to the City Council. 8.0 Purchase Orders The City Clerk is authorized to execute requests for routine purchase orders as stated in Resolution No. 1086. Routine purchase orders are used to detail the terms of the purchase, including the items purchased, the price, delivery date, and terms of payment. Purchase Orders are available to vendors and suppliers when there is an agreement to deliver purchased items prior to payment, with the purchase order serving as a guarantee of future payment. Once a purchase order is generated, an in -progress purchase is created. The order remains in progress until the ordered items have been delivered and paid. Attached as Exhibit 7. City of Port Orchard Page 13 of 22 Procurement Policies & Procedures DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 9.0 Conflicts of Interest City officers, employees, and agents may not participate in the selection, award, or administration of a contract if they have a real or apparent conflict of interest. This provision encompasses procurement expending federal, state, or local funds. Such officers, employees, and agents may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors, subcontractors or other parties consistent with Chapter 42.52 RCW Ethics in Public Service. Unsolicited items of nominal value are restricted to the provisions of RCW 42.52.150. Employees violating these provisions are subject to disciplinary action commensurate with the severity of the violation, ranging from a letter of reprimand to termination of employment. Disciplinary actions shall be governed by Improper Governmental Action Policy Chapter 11 City of Port Orchard Personnel Policies consistent with applicable Federal law and the standards outlined in the Code of Federal Regulations Title 2; Grants and Agreements §200.318; and applicable state statutes. City of Port Orchard Page 14 of 22 Procurement Policies & Procedures DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 EXHIBITS Budget Adjustment Reauest CITY OF PORT ORCHARD CURRENT YEAR BUDGET ADJUSTMENT REQUEST To: City Treasurer Date: Please transfer the following revenues and/or appropriations: Exhibit 1 Decrease (from) Increase (to) category acct. number amount category acct. number amount Reason: Requested By: (Department Director) 1. To: City Treasurer Comments: Approved 2. To: Mayor Comments: Approved 3. To: Finance Department Adjustment Recorded: AJ#_ Prepared By: Not Approved Signature Not Approved Signature Date: Date: Date: Approved By: City of Port Orchard Page 15 of 22 Procurement Policies & Procedures DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 Exhibit 2 Washington State Prevailing Wage Law CITY OF PORT ORCHARD WASHINGTON STATE PREVAILING WAGE LAW The Prevailing Wages on Public Works Act (Chapter 39.12 RCW) requires that employees of government contractors be paid prevailing wages for all public work. Agencies awarding public works contracts include state agencies, counties, municipalities and all political subdivisions of the state. All public agencies, contractors performing public work, and construction workers on public works construction should be aware of their rights and legal responsibilities. Failing to comply with the provisions of Chapter 39.12 RCW may subject contractors and/or public agencies to liability for all unpaid prevailing wages and penalties. The Department of Labor and Industries (L&I) administers the prevailing wage law. The Office of the Attorney General provides legal counsel to L&I and prosecutes violators. The State Auditor's Office ascertains if a public agency's policies, procedures and practices meet the requirements of the law. Do not rely on this plain language description without reading the laws and regulations. The informal discussions below are meant to be helpful when read in conjunction with the laws and WAC rules. They are not meant to be a substitute for reading and understanding the laws. After reading the laws and regulations, please do not hesitate to contact the Prevailing Wage Office with any questions you may have. The Prevailing Wages on Public Works Act Enacted in 1945, the Washington State Public Works Act, also known as the "prevailing wage law", is a worker protection act. It requires that workers be paid prevailing wages when employed on public works projects, and on public building service maintenance contracts. (RCW 39.04.010, RCW 39.12.010, and RCW 39.12.020) The Public Works Act is modeled after the federal Davis -Bacon Act, which was enacted to protect the employees of contractors performing public works construction from substandard earnings, and to preserve local wage standards. The Public Works Act regulates wages paid to workers, laborers and mechanics performing public work. It does not apply to work that is clerical, executive, administrative or professional in nature. For example, the Act does not apply to the work of a secretary, engineer or administrator, unless they are performing construction work, alteration work, repair work, etc. Prevailing Wage application depends on the work that is performed, regardless of the worker's job title. Any doubts or questions regarding the applicability of the prevailing wage law should be directed to the Prevailing Wage Office. (RCW 39.12.020 and WAC 296-128-510 through 530) What Is Public Work? Public work is all work, construction, alteration, repair or improvement that is executed at the cost of the state or any other local public agency. This includes, but is not limited to, demolition, remodeling, renovation, road construction, building construction, ferry construction and utilities construction. (RCW 39.04.010) What Is Prevailing Wage? Prevailing Wage is defined as the hourly wage, usual benefits and overtime, paid in the largest city in each county, to the majority of workers, laborers, and mechanics. Prevailing wages are established, by the Department of Labor and Industries, for each trade and occupation employed in the performance of public work. They are established separately for each county, and are reflective of local wage conditions. City of Port Orchard Page 16 of 22 Procurement Policies & Procedures DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 mwaruiruz Agencies Ke5U0r15K) llEies 1. Contracts for Public Work: Employers are not responsible for making the legal determination of whether a contract does or does not meet the definition of a "public works" contract. Public agencies, in awarding a contract, must make the determination of whether that contract involves "public work" and communicate it to the employers in the bid specifications and contracts. The law does not allow public agencies to place this burden upon the employer. For example, it is insufficient to state, "Contractors shall comply with the prevailing wage law, if applicable". Agencies should seek the advice of legal counsel regarding when a contract is for public work. Before acting on advice that a contract is not for public work, agencies should contact the Prevailing Wage Office for a determination of the applicability of the statute. (RCW 39.04.010, RCW 39.12.030, RCW 39.12.040, and RCW 39.12.042) 2. Prevailing Wage Provisions: Awarding agencies must stipulate in bid specifications and contracts for public work that workers shall receive the prevailing rate of wage. Those documents must also contain a list of the applicable prevailing wage rates. Compliance with the law is not met by referring contractors to the department or other sources to obtain wage rate information. RCW 39.12.030 3. Public Building Service Maintenance Contracts: Public building service maintenance (janitorial) contracts of more than one year duration must include wage language recognizing the potential for future variance in applicable prevailing wages each year after the first year of the contract. RCW 39.12.020 and WAC 296-127-023 4. Disbursal of Public Funds: Agencies may not make any payments where employers have not submitted an Intent form that has been approved by the Industrial Statistician. Agencies may not release retainage until all employers have submitted an Affidavit form that has been certified by the Industrial Statistician. The requirement to submit these forms should also be stated in the contract. RCW 39.12.030, RCW 39.12.040 and RCW 39.12.042 5. Turnkey Projects (lessee/lessor relationships between public and private parties): Prevailing wages must be paid for any work, construction, alteration, repair or improvement, other than ordinary maintenance, that the state or a municipality causes to be performed by a private party through a contract to rent, lease, or purchase at least fifty percent of the project by one or more state agencies or municipalities. RCW 39.04.260. It is the responsibility of the awarding agencyto make an accurate determination as to whetherthe entire projectfalls within RCW 39.04.260 prior to entering into a lease relationship for space in a privately owned building. The determination is based on whether the awarding agency is causing the work to be performed and when at least fifty percent of the leased space is going to be occupied by one or more public agencies. If RCW 39.04.260 applies, all work performed in conjunction with the project is covered, not just the tenant improvements, and the project is subject to all provisions of RCW 39.12. Should the awarding agency fail to comply with all the provisions of RCW 39.04.260 and RCW 39.12.040, the awarding agency can be held responsible for any unpaid prevailing wages. 6. Contract Administration: Though not legally required, the following activities are recommended to ensure compliance with the Public Works Act. Job site inspections should be performed on a routine or periodic basis to verify compliance. These inspections should include checking to see that a copy of the Intent is posted at the job site. Workers should be randomly interviewed to verify that prevailing wages are received. Apprentice workers should be asked to show their registration cards. References should be checked when the agency is empowered to select the lowest responsible bidder. The department can advise an agency regarding an employer's history of wage claims. Check the Contractor Debarment List to find out if a contractor is debarred from bidding on public works projects. Verify Contractor Registration Status and Verify Workers' Compensation Premium Status. Find out whether a contractor or other employer has an industrial insurance (workers' compensation) account with L&I and that their premiums are up to date. City of Port Orchard Page 17 of 22 Procurement Policies & Procedures DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 Purchase Quotation Sheet Exhibit 3 CITY OF PORT ORCHARD PURCHASE QUOTATION SHEET Purchases of $7,500 or more require three (3) quotations which will become a part of the purchase request. Purchase Order Number: Commodity: Required Delivery Date: ITEM QTY I UNIT NO. Quote Required By: (Date) (Time) Name of Person Requesting: Buyer: Ship to Address: SPECIFICATIONS City: State: I Zip Code: BIDDER 1 BIDDER 2 BIDDER 3 Company: Company: Company: Contact: State: Contact: State: Contact: State: Telephone Number: Telephone Number: Telephone Number: Fax Number: Fax Number: Fax Number: Quote Date: Quote Date: Quote Date: PRODUCT QUOTED Unit Price Total Price PRODUCT QUOTED Unit Price Total Price PRODUCT QUOTED Unit Price Total Price Total Price I I Total Price I I Total Price City of Port Orchard Page 18 of 22 Procurement Policies & Procedures DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 Exhibit 4 Sole Source Vendor Statement CITY OF PORT ORCHARD SOLE SOURCE VENDOR STATEMENT Date To: City Clerk's Office to file with contract From: Fill — in department name and name of person signing this form To Whom It May Concern: This form justifies the proposed sole source purchase described below. In accordance with State of Washington regulations (RCW 39.04.280), City of Port Orchard must procure material, equipment, supplies and services by competitive means when the purchase is in excess of $7,500. However, in unusual circumstances the competitive process may be waived and sole source purchasing approved, provided the requesting party can adequately justify its use. Sole source purchases are defined as clearly and legitimately limited to a single supplier. Sole source purchases are normally not allowed except when based upon strong technological grounds such as operational compatibility with existing equipment and related parts or upon a clearly unique and cost effective feature requirement. The use of sole source purchases shall be limited only to those specific instances which are totally justified to satisfy compatibility or technical performance needs. If one of the reasons 1 through 3 below applies to this purchase, you need only to check the applicable reason and describe item being purchased below. If reason 4 apply, please provide the item description and explanation below. 1. [ ] Licensed, copyrighted, or patented products or services that only one vendor provides. 2. [ ] New equipment or products that must be compatible with existing equipment or products. 3. [ ] Proprietary or custom-built software or information systems that only one vendor provides. 4. [ 1 Products or services where only one vendor meets the required certifications or satutaory requirements. Item Description: If explanations 4 is used, please provide an explanation below. Explain why the identified vendor is recommended: Signed Department Director or Designee City of Port Orchard Page 19 of 22 Procurement Policies & Procedures DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 Exhibit 5 Purchases through Interlocal Agreements CITY OF PORT ORCHARD PURCHASES THROUGH INTERLOCAL AGREEMENTS City Contract No.: Interlocal Agreement with (government agency or Purchasing Co -Op name): Item Description: Do you have an Interlocal agreement signed with the Contract (host) Agency? ❑ If yes, where is it filed: ❑ If no, get a mutually signed Agreement in place before you continue. State OSP Contract No.#: If you have an Office of State Procuement (OSP) contract number you may skip the remainder of this test because the OSP contracts comply with remaining requirements and retain the documentation on hand for SAO to review in the OSP offices. Is this a technology contract? ❑ If yes, do your own rules allow for technology contracts to be negotiated? ❑ If your own rules allow for negotiated IT contracts, you can skip this test. Is this a services contract? ❑ If yes, do your own rules allow services to be negotiated? ❑ If your own rules allow for negotiated services, you can skip the remainder of the test. Are you using this as only one of multiple quotes, for a small purchase? ❑ If yes, you can skip the remainder of the test. Your purchase will not mandate the sealed bid rules. Checklist for Required Compliance Does the host agency have a requirement 0 Yes 0 No Federal and State contract rules usually don't to run a newspaper ad in their local paper require a newspaper ad. For others, attach the and did they comply ad or place into the file Did they list on a website? If so, state 13 Yes E3 No Always required. Indicate date, address and/or when and the address. Attach proof if attach or place into the file. possible. Did the bid & award comply with the 13 Yes E3 No If No, you cannot use the bid. Host agency's codes and statutes? Did bid contain any preference that is 13 Yes E3 No If Yes, you cannot use the bid. illegal in your statutes such as WMBE points? City of Port Orchard Page 20 of 22 Procurement Policies & Procedures DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 Exhibit 6 Change Order Form CITY OF PORT ORCHARD Authorization for Change Order No. Date: Project: Contract / Job # Brief Description of Change Order work: Contractor: Contract History Amount Sales Tax Total Date Appvd by Original Contract Change Order 1 Total Contract $0.00 I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Contractor Approval Signature Printed Name & Title Change Orders that do not exceed 10% or a maxium of $50,000 can be approved by the Public Works Director. Change Orders that do not exceed 10% or a maxium of $100,000 are to be approved by the Mayor. Change Orders over $100,000 or exceed a total of 10% require Council action. Public Works Director/City Engineer Printed Name Approved: Mayor Attest: City Clerk Council Approval Date City of Port Orchard Page 21 of 22 Procurement Policies & Procedures DocuSign Envelope ID: CF201BD7-89F9-4B9C-BE9A-A5E34BC53958 Exhibit 7 Purchase Order Form Bill To: Attn: Accounts Payable City Of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Ordered By: Qty CITY OF PORT ORCHARD PURCHASE ORDER P.O. Date: Ship To: City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Authorized Signature: City Clerk or Authorized Representative Signature Description Unit Price Total ----------------- ---- Subtotal r-------------------- ,Tax (9%) HIS ORDER IS A CONFIRMATION: HIS ORDER IS NOT A CONFIRMATION: CCOUNT CODE: ---------------------- Est. Freight --------------------y Shipping -------------------- Bal Due ---------------- City of Port Orchard Page 22 of 22 Procurement Policies & Procedures