Chapter 2.84
PROCUREMENT1
Sections:
2.84.070 Procurement of goods, supplies, materials, and equipment.
2.84.080 Procurement of professional services, consultant services, and purchased services.
2.84.090 Limited public works.
2.84.100 Completion of public works.
2.84.110 Approval of procurement by the mayor.
2.84.120 Approval of procurement by city council.
2.84.130 Exceptions to bidding requirements.
2.84.140 Annual/routine procurement and authorization to bid.
2.84.150 Capital improvement plan (CIP) procurement and prior authorization to bid.
2.84.010 Purpose.
The purpose of this chapter is to protect and advance the public interest by promoting fairness and objectivity in the city’s procurement process, thus ensuring reasonable costs for good and services.
Per RCW 35A.11.010, the authority to enter into contracts and be contracted with, vests with the city council but the council desires to delegate certain procurement authority to the mayor to ensure the timely and orderly management of city affairs while retaining authority to approve major expenditures, thus ensuring transparency and accountability to the citizens. (Ord. 1922, 2022).
2.84.020 Applicability.
This chapter applies to the purchase of goods, materials, supplies, equipment, professional services, consultant services, and public works as defined in this chapter and in the Revised Code of Washington (RCW). (Ord. 1922, 2022).
2.84.030 Definitions.
“Consultant services” shall mean firms or individuals hired to provide advice, recommendations, reports, analysis, evaluations, audits, surveys, or other expert services.
“Contract” means any agreement, written or spoken, between the city and any party that is intended to be enforceable by law and includes, but not limited to, public works agreements, personal service agreements, grant agreements, agreements pursuant to the Interlocal Cooperation Act, and leases of real property.
“Formal bids” means written and published request for proposals (RFP) where quantity, quality, and prices are formally requested. Formal bids shall normally have a due date for submittals together with other technical data requested.
“Goods” means products, materials, supplies, or equipment procured in a sufficient dollar amount to trigger the use of price quotes, bids, or use of a vendor roster.
“Gross cost” means the total cost to acquire a good or service, including but not limited to labor, equipment, materials, overhead, profit, bonding, insurance, taxes, license fees, and transportation costs.
“Ordinary maintenance” means work performed by city employees that is done regularly to inspect, service, or replace items to maintain the service life of the asset.
“Price quotes” means obtaining prices from vendors through phone calls, emails, or written requests. Price quotes should be documented and presented together with the preferred vendor selection.
“Professional services” shall mean architectural, landscape architectural, land surveying, and engineering services as defined in chapter 39.80 RCW.
“Public work” means all work, construction, alteration, repair, other than ordinary maintenance, for which by law a lien or charge can be levied against property as defined in RCW 39.04.010.
“Purchased services” mean a firm or individual hired by the city to provide services in the form of physical labor which is not subject to direct city supervision and whose labor is not considered a public work.
“RFP” means requests for proposal and shall be used to solicit pricing for goods, supplies, and equipment.
“RFQ” means requests for qualifications and shall be used to solicit professional services for which price is not a qualifying factor.
“Roster” shall mean a vendor roster, professional service roster, or a consultant roster having a formal listing of qualified individuals or firms amassed by Municipal Research and Service Center, another federal or state agency, or the city of Burlington itself. (Ord. 1922, 2022).
2.84.040 Use of rosters.
The city utilizes the Municipal Research and Service Center (MRSC) for its vendor roster, consultant roster, and small works roster. The city is also authorized to maintain its own roster or to utilize another agency’s roster. (Ord. 1922, 2022).
2.84.050 Procedures.
The city administrator is authorized to establish procedures to implement this chapter including but not limited to standard price quote forms, bid tabulation sheets, retainage withholding calculation spreadsheets, and other documents to enable the procurement contemplated in this code. (Ord. 1922, 2022).
2.84.060 Designees.
Any reference to the mayor, city administrator, city attorney or finance director includes their respective designees who have been authorized to act on their behalf. (Ord. 1922, 2022).
2.84.070 Procurement of goods, supplies, materials, and equipment.
The city shall follow the greater of the specific procurement thresholds established by RCW 35A.40.210 as now established or henceforth amended or as set forth below:
Purchases with gross costs up to $7,500 – Secure three price quotes if possible.
Purchases with gross costs greater than $7,500 up to $15,000 – Formal bids or use of vendor roster.
Purchases with gross costs greater than $15,000 – Formal bids. (Ord. 1922, 2022).
2.84.080 Procurement of professional services, consultant services, and purchased services.
The city shall follow the greater of the specific procurement thresholds established by RCW 35A.40.210 as now established or henceforth amended or as set forth below:
Professional services with gross costs up to $300,000 – Use of professional services roster.
Professional services with gross costs greater than $300,000 – Formal bids.
Consultant services with gross costs less than $30,000 – Secure three price quotes if possible.
Consultant services with a gross cost of more than $30,000 – Issuance of RFP or use of consultant roster.
Purchased services with gross costs less than $30,000 – Secure three price quotes if possible.
Purchased services with a gross cost of more than $30,000 – Issuance of RFP. (Ord. 1922, 2022).
2.84.090 Limited public works.
The city shall follow the greater of the specific procurement thresholds established by RCW 39.04.010 and 39.04.155(3) as now established or henceforth amended or as set forth below:
Limited public work estimated to cost less than $35,000 – Use of small work roster. (Ord. 1922, 2022).
2.84.100 Completion of public works.
The city shall follow the greater of the specific procurement thresholds established by RCW 35.23.352 as now established or henceforth amended or as set forth below:
Public works with gross costs up to $300,000 – Use of professional/consultant/purchased services roster.
Public works with gross costs greater than $300,000 – Formal bids. (Ord. 1922, 2022).
2.84.110 Approval of procurement by the mayor.
A. The mayor is authorized to approve purchases and contracts that meet all of the following criteria:
1. The gross cost of the purchase and/or contract is less than $50,000.
2. The estimated purchase or contract amount was included in the approved annual budget for the particular fund.
3. The contract is made and/or the vendor has been selected consistent with the procurement requirements of this chapter.
4. The contract has been reviewed and approved by the city attorney.
5. The finance director has certified that funds are available for the procurement.
B. The mayor is further authorized to approve modifications to contracts or other procurements that meet all of the following criteria:
1. For procurements less than $50,000, the modification results in the gross cost being no more than $50,000.
2. For procurements with a gross cost over $50,000 and up to $100,000, the modification is less than $10,000.
3. For procurements with a gross cost of over $100,000, the modification is less than 110 percent of the original contract amount but in no case more than $50,000 more than the original cost. Any procurement contract modifications within this classification shall be reported to the city council by the mayor, city administrator, or public works director at the next council meeting. (Ord. 1922, 2022).
2.84.120 Approval of procurement by city council.
The city council is authorized to approve all purchases and contracts that meet the following criteria:
A. Any procurement or modification that the mayor is not authorized to approve.
B. Any contract that includes the conveyance of a real property interest to or from the city or a lease to which the city is a party. (Ord. 1922, 2022).
2.84.130 Exceptions to bidding requirements.
Per RCW, the following items are exempted from the foregoing bidding requirements as they have separate requirements: federal grants; piggybacking on another government’s bid; cooperative purchasing through an interlocal agreement; sole source brand names; sole source single bid, RCW 39.04.280(1); special market conditions, RCW 39.04.280; emergencies, RCW 39.04.280; purchase of insurance or bonds; purchases at auctions; RCW 39.30.045; purchases from another local government; pollution control facilities; computer equipment; software/services; contract with community service organizations, RCW 35.21.278; and county or state road projects, RCW 35.77.020. (Ord. 1922, 2022).
2.84.140 Annual/routine procurement and authorization to bid.
Goods, supplies, materials, equipment, services, public works and other procurements that occur on a routine or annual basis for which budget authority is included within the annual adopted budget may be bid without specific prior authorization by the council. Any of these procurements whose dollar amount is greater than $50,000 shall be formally approved by the council. (Ord. 1922, 2022).
2.84.150 Capital improvement plan (CIP) procurement and prior authorization to bid.
Procurement of items included within the annual CIP shall require specific authorization to bid by the council prior to solicitation of bids and shall require approval of bids prior to procurement. (Ord. 1922, 2022).
Prior legislation: Ord. 1828.