Purchasing and Public Works: Bids and Contracts - Procedures - 7321-P

Mukilteo School District
Financial Management - Series 7000
Purchasing and Public Works: Bids and Contracts - Procedures - 7321-P

 

Supplies, Equipment or Furniture (Except Books)

  • Electronic data processing and telecommunications systems may be acquired through competitive negotiations which will include, at a minimum, a request for proposal submitted to an adequate number of qualified sources.  The request for proposal must be advertised for at least thirteen days before the last date proposals will be accepted.  The request for proposal will identify significant evaluation factors, including price, and their relative importance.
  • Purchases of supplies, equipment or furniture except books that are estimated to be less than $40,000 may be purchased directly from the vendor.  Departments should obtain competitive pricing, but no competitive process is required. 
  • For supplies, equipment or furniture except books that are estimated to be greater than $40,000 but less than $75,000, a competitive process is required. 
    1. The Superintendent and/or designee may solicit bids by telephone and/or written quotation for supplies, equipment or furniture that have an estimated cost of less than $75,000.  At least three telephone or written bids will be secured prior to the due date.  All telephone quotations must be confirmed in writing or electronically within seven days in order to constitute a valid quotation, or

    2. Purchases may be made through a Board approved interagency agreement with a qualified organization that has performed a competitive process for the item to be purchased.  (i.e. KCDA).
  • The purchase of supplies, equipment or furniture except books that are estimated to equal or exceed $75,000 require formal bids or they may be purchased through a Board approved interagency agreement with a qualified organization that has performed a competitive process for the item to be purchased.  (i.e. KCDA).  If formal bids are required:
    1. Formal bids will be called for by issuing public notice placed in at least one newspaper of general circulation within the District once each week for two consecutive weeks.
    2. Complete plans and specifications will be prepared and made available to all vendors interested in submitting a bid.
    3. Formal bids will be opened at the time and place stated in the official advertisement for bids, and any interested member of the public may attend the bid opening.  It will be the bidder's sole responsibility to see that their bid is delivered to the District prior to the time set for opening of bids.  Any bid received after the time set for opening the bids will be returned to the bidder unopened and will receive no consideration by the District.
    4. Formal bid tabulations will be presented at a meeting of the Board for study purposes.
    5. Brand names and manufacturers' catalog numbers used in specifications are for the purpose of identification and to establish a standard of quality.  Bids on equal items will be considered providing the bidder specifies brand and model and furnishes descriptive literature.  The acceptance of alternative "equal" items will be conditioned on the District's inspection and testing prior to the bid opening.
    6. The District will reserve the right to reject any or all bids, waive any formalities and make the award in its best interest.

  • In limited circumstances, the following legally allowable exemptions from the competitive process may be considered but must be approved by the Assistant Superintendent of Business, Human Resources and Technology or designee:

    1. Single/Sole Source of Supply
    2. Special Facilities or Market Conditions
    3. Declaration of Emergency by the Board

Building Improvements, Repairs & Other Public Works Contracts

All Public Works, including electronic data processing and telecommunications systems projects that qualify as a public work, must include provisions of the prevailing wage statutes.  Before awarding of a public works contract, a bidder will submit a signed statement verifying under penalty of perjury that the bidder is in compliance with the responsible bidder criteria in RCW 39.04.350.

  • The District shop and repair department may make improvements or repairs to District property when the cost of such improvements does not exceed $75,000.
  • For costs estimated to be less than $100,000, departments may obtain competitive pricing but no competitive process is required.
    1. At the option of the contractor, the District may waive the requirement for payment and performance bonds by retaining 10% of the contract value for a period of thirty days after the date of final acceptance, or until receipt of all necessary releases from the department of revenue, the employment security department, and the department of labor and industries and settlement of any liens filed under chapter 60.28 RCW, whichever is later.

    2. If the contract amount is under $50,000, the District may elect to utilize the Limited Public Works Process, as described below, and waive payment and performance bond and retainage requirements.
  • For costs estimated to be more than $100,000 and less than $350,000:
    1. Contracts may be awarded through a small works roster process in accordance with RCW 39.04.155 and the requirements of this procedure which are listed below.

    2. Payment and performance bonds are required (RCW 39.08.010).

    3. On contracts of $150,000 or less, at the option of the contractor, the District may waive the requirement for payment and performance bonds by retaining 10% of the contract value for a period of thirty days after the date of final acceptance, or until receipt of all necessary releases from the department of revenue, the employment security department, and the department of labor and industries and settlement of any liens filed under chapter 60.28 RCW, whichever is later.
  • Costs estimated to equal or exceed $350,000: Formal bids may be used on projects of any dollar amount but must be used for projects that are estimated to equal or exceed $350,000 unless the project is contracted for through a Board approved interagency agreement with a qualified organization that has performed a competitive process for the item to be purchased (i.e. KCDA) or an approved alternative procurement method allowed by RCW 29.10. The following procedures will be in effect for purchasing and public works through the formal bidding or request for proposal process:
    1. Formal bids will be called for by issuing public notice placed in at least one newspaper of general circulation within the District once each week for two consecutive weeks.

    2. Complete plans and specifications will be prepared and made available to all vendors interested in submitting a bid.

    3. Formal bids will be opened at the time and place stated in the official advertisement for bids, and any interested member of the public may attend the bid opening.  It will be the bidder's sole responsibility to see that their bid is delivered to the District prior to the time set for opening of bids.  Any bid received after the time set for opening the bids will not be opened and will receive no consideration by the District.

    4. Formal bid tabulations will be presented at a meeting of the Board for study purposes.

    5. Brand names and manufacturers' catalog numbers used in specifications are for the purpose of identification and to establish a standard of quality.  Bids on equal items will be considered providing the bidder specifies brand and model and furnishes descriptive literature.  The acceptance of alternative "equal" items will be conditioned on the District's inspection and testing prior to the bid opening.

    6. The District will reserve the right to reject any or all bids, waive any formalities and make the award in its best interest.

    7. The bidder will include a notarized statement agreeing to comply with prevailing wage and affirmative action requirements and will provide a performance bond.  (See Board policies 9242, 9243, and 9245.)

    8. Written contracts for formally bid projects will be prepared for all construction and repair projects over $350,000.  Such contracts will be signed by the Superintendent or designee on behalf of the District after the contracts have been awarded by a majority vote of the Board with action recorded in the minutes of the Board meeting.

    9. All contracts will provide that, in the event of a suit by the District to enforce the terms of the contract, venue for the suit will be Snohomish County and that, if the District is successful in the suit, the court may order reimbursement of the District's attorney's fees and court costs in such amount as the court deems reasonable.

    10. The contract will contain a proviso requiring the contractor to prohibit any of its employees who has ever been convicted of or pled guilty to any of the child-related felonies from working where they have contact with public school children.  The contract will also provide that failure to comply with this requirement is grounds for immediate termination.

Small Works Contracting Procedures

    1. The District may create a general small works roster, or may create a small works roster for different specialties or categories of anticipated work.  The small works roster(s) will consist of all responsible contractors who have requested to be on the roster(s), and where required by law, are properly licensed or registered to perform such work in this State.

    2. At least once a year, District Support Services will publish notice of the existence of the roster or rosters and solicit the names of responsible contractors for such roster or rosters.

    3. Advertisements will outline the following requirements: registered contractor in the State of Washington, compliance with prevailing wage laws (RCW 39.12), ability to provide certificates of insurance, compliance with federal, state and local laws regarding nondiscrimination and affirmative action, electronic address.

    4. Advertisements will be placed as public notices in at least one newspaper of general circulation in the District.

    5. Contractors may submit Small Works Roster applications at any time.

    6. The District, through District Support Services, will obtain telephone, written or electronic quotations from contractors on the appropriate small works roster to assure that a competitive price is established and to award contracts to the lowest responsible bidder, as defined in RCW 43.19.1911.

    7. A contract awarded from a small works roster need not be advertised.  Invitations for quotes will 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.

    8. 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.  If there are less than five contractors listed on the appropriate small works roster, all contractors on the appropriate roster will be invited to provide quotations.

    9. If the estimated cost of work is from $250,000 to $350,000, the District, if it 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.  The District has the sole option of determining whether this notice is made by publication in a legal newspaper in general circulation in the area where the work is to be done, mailing notice, or sending notice by facsimile or other electronic means.

    10. The District, through District Support Services, will 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, the District may reject all bids and call for new bids.  In addition to price, the District will take into account the following:

      • The ability, capacity and skill of bidder to perform the contract or provide the service required;
      • The character, integrity, judgment, experience and efficiency of the bidder;
      • The quality of performance of previous contracts or services;
      • The previous and existing compliance of the bidder with laws relating to the contract or services;
      • Such other information related to the performance of the contract as the Superintendent deems advisable.

    11. Each contractor will provide a certificate of insurance prior to commencing work for the District.

    12. Prior to an award being made, a bidder will submit a signed statement verifying under penalty of perjury that the bidder is in compliance with the responsible bidder criteria in RCW 39.04.350.

    13. After an award is made, the quotations will be open to public inspection and available by telephone or electronic request.  The District must distribute opportunities for small works projects equitably among contractors willing to perform in the geographic area of the work.

    14. A contractor's documented failure to comply with public works laws, non-discrimination laws, or failure to perform adequate work, will result in their removal from the small works roster.

    15. The District will post a list of the small works contracts awarded at least once every two months on their Internet web site, www.mukilteoschools.org.

    16. The District will make available a list of the contracts awarded under the small works roster process at least once a year.  The list will contain the name of the contractor or vendor awarded the contract, the amount of the contract, a brief description of the type of work performed or items purchased under the contract, and the date it was awarded.  The list will also state the location where the bid quotations for these contracts are available for public inspection.

    17. A standard "Small Works" contract may be executed between the District and the Contractor for projects less than $350,000.

    18. The District will maintain a list of the contractors contacted and the contracts awarded during the previous twenty-four months under the small 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.

    19. At its discretion, the District may waive retainage requirements of RCW 60.28.011, thereby assuming the liability for contractor's nonpayment of: (i) laborers, mechanics, subcontractors, material persons, and suppliers; and (ii) taxes, increases, and penalties under Titles 50, 51, and 82 RCW that may be due from the contractor for the project. However, the District has the right of recovery against the contractor for any payments made on the contractor's behalf.

Limited Public Works Process

The Limited Public Works Process may be used on contracts with an estimated cost of less than $50,000.

  • The District may award public work contracts estimated to cost less than $50,000 upon soliciting electronic or written quotations from a minimum of three (3) contractors from the Small Works Roster and will award the contract to the lowest responsible bidder.

  • The District must equitably distribute opportunities among contractors.

  • The District will maintain a list of contractors contacted and contracts awarded during the previous twenty-four months, to include the name of the contractor, the contract amount, date the contract was awarded and a brief description of the work performed.

  • At its discretion, the District may waive the payment and performance bond requirements and the retainage requirement, thereby assuming liability for the contractor’s nonpayment of laborers, subcontractors, suppliers, and taxes imposed that may be due from the contractor. If these requirements are waived, the District retains the right of recovery against the contractor for any payments made on the contractor’s behalf.

Energy Savings Performance Contracts

The District may enter into an energy savings performance-based contract in accordance with RCW 39.35A.

Alternative Public Works

The District may enter into a contract utilizing the alternative public works contracting procedures in accordance with RCW 39.10.

Change Orders for Formally Bid Building Improvements, Repairs & Other Public Works Contracts.

The Board will approve all construction change orders that exceed the established project budget and any elective construction change orders that exceed $25,000.

The Superintendent and the Executive Director of Support Services may authorize construction change orders under the following conditions:

For change orders within the overall approved budget (including contingencies ):

  • The Executive Director of Support Services may approve elective change orders up to $25,000.
  • The Executive Director of Support Services may approve change orders that are time sensitive and necessary to maintain project progress up to $50,000.
  • The Superintendent may approve change orders that are time sensitive and necessary to maintain project progress up to $75,000.

The Board will be advised of all change orders at their regularly scheduled meetings when total change orders for a project exceed one-half of the budgeted project contingencies. 


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