Chapter 2.90
PURCHASING AND PUBLIC WORKS CONTRACTING
Sections:
2.90.025 City manager contracting and purchasing authority.
2.90.027 Public works bid limits.
2.90.030 Small public works roster procedures.
2.90.040 Contracting with Pierce County for road maintenance services.
2.90.010 Purchase of materials, supplies or equipment in an amount of $7,500 or less, not connected to a public works project.
The city manager or the city manager’s designee is authorized to make purchases of any materials, supplies or equipment, not connected to a public works project, where the cost will not exceed $7,500 for such items, using such procedures as he or she determines will obtain the lowest practical price for such goods and services. (Ord. 2010 § 1, 2019; Ord. 1484-03 § 1, 2003; Ord. 1449 §§ 2, 3, 2002).
2.90.020 Purchase of materials, supplies or equipment in an amount between $7,500 and $15,000, not connected to a public works project.
For the purchase of any materials, supplies or equipment in an amount between $7,500 and $15,000, not connected to a public works project, in lieu of informal or formal sealed bidding procedures, the city may use the following process:
A. Publication of Notice. At least twice a year, the city shall cause to be published, in the city’s official newspaper, notice of the existence of roster(s) of vendors for materials, supplies and equipment, and shall solicit names of vendors for the roster. The city may contract with Municipal Research and Services Center of Washington (MRSC rosters) to publish such notices on the city’s behalf.
B. Electronic Rosters. In addition to paper and/or electronic vendor lists kept on file in the appropriate department, the city may also use the statewide electronic database developed and maintained jointly by the Daily Journal of Commerce and the Municipal Research and Services Center of Washington (MRSC rosters).
C. Telephone Quotations. The city shall use the following process to obtain telephone quotations from vendors for the purchase of materials, supplies, or equipment:
1. A written description shall be drafted of the specific materials, supplies, or equipment to be purchased, including the number, quantity, quality, and type desired, the proposed delivery date, and any other significant terms of purchase;
2. The responsible city staff member shall make a good faith effort to contact at least three of the vendors on the roster to obtain telephone solicitation quotations from the vendors for the required materials, supplies, or equipment;
3. The responsible city staff member shall not share telephone quotations from any vendor with other vendors solicited for the bid on the materials, supplies, or equipment;
4. A written record shall be made by the city representative of each vendor’s bid on the materials, supplies, or equipment, and of any conditions imposed on the bid by such vendor.
D. Determining the Lowest Responsible Bidder. The city manager shall purchase the materials, supplies or equipment from 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 city may call for new bids.
E. Award. The responsible city staff member shall submit to the city manager or the city manager’s designee all telephone quotations and recommendations for award of the contract to the lowest responsible bidder. The city manager or the city manager’s designee shall review the quotation and recommendations by city staff and award the contract to the lowest responsible bidder. A written record of each vendor’s quotations shall be made open to public inspection or telephone inquiry after the award of the contract. Any contract awarded under this subsection need not be advertised.
F. Posting. A list of all contracts awarded under these procedures shall be posted at City Hall once every two months. The list shall contain the name of the vendor awarded the contract, the amount of the contract, a brief description of the items purchased, and the date it was awarded. (Ord. 2010 § 2, 2019; Ord. 1720 § 1, 2010; Ord. 1484-03 § 2, 2003; Ord. 1449 §§ 2, 4, 2002).
2.90.025 City manager contracting and purchasing authority.
A. The city manager or the city manager’s designee shall have authority to award contracts for purchase of materials, supplies, equipment, or services without city council approval if an appropriation for such purchase is specifically referenced in the city’s budget book, and the purchase price is less than or equal to the appropriated amount.
B. The city manager or the city manager’s designee shall have authority to award contracts for purchase of materials, supplies, equipment, or services without city council approval if the purchase is in the amount of $50,000 or less, and sufficient funds for such purchase have been appropriated in the city budget.
C. The city manager or the city manager’s designee shall have authority to award contracts for services greater than $50,000 but less than $100,000, without city council approval, if the services are related to a public works project, sufficient funds for such services have been appropriated in the city budget, and the public works project is listed in the city’s capital improvement plan, the city’s six-year transportation improvement plan, or otherwise approved by city council motion or resolution.
D. The city manager or the city manager’s designee shall have authority to purchase real property and/or property rights on behalf of the city without city council approval if the real property and/or property rights are needed for a public works project, the purchase price is less than $300,000, sufficient funds for such purchase have been appropriated in the city budget, and the public works project is listed in the city’s capital improvement plan, the city’s six-year transportation improvement plan, or otherwise approved by city council motion or resolution.
E. The city manager or the city manager’s designee shall have the authority to enter contracts accepting grant awards on behalf of the city without city council approval if the grant award is under $50,000 and will not obligate the city beyond one year, except normal reporting and records retention requirements, and completion of any purchase, project or services for which the funds were awarded.
F. The city manager shall have the authority to enter interlocal cooperative purchasing agreements under Chapter 39.34 RCW. (Ord. 2010 § 3, 2019; Ord. 1918 § 1, 2015; Ord. 1813 § 1, 2012).
2.90.027 Public works bid limits.
Whenever the estimated cost of a public work or improvement, including cost of materials, supplies and equipment, will not exceed the sum of $116,155 if more than one craft or trade is involved, or $75,500 if a single craft or trade is involved, or if the work or improvement is of street signalization or street lighting, the city may use a minimal competition process, a small works roster, or formal competitive bidding. A minimum competition process means obtaining quotes informally from one or more individual contractors. If the estimated cost is more than $116,155 if more than one craft or trade is involved, or $75,500 if a single craft or trade is involved, but less than $350,000, the city may use a small works roster or formal competitive bidding. If the estimated cost is more than $350,000, the city must use competitive bidding. The above bid limits are subject to the exceptions set forth in RCW 39.04.280 as amended. (Ord. 2010 § 4, 2019).
2.90.030 Small public works roster procedures.
The following small works roster procedures are established for use by the city pursuant to RCW 35.23.352 and Chapter 39.04 RCW:
A. Cost. As an alternative to formal sealed bidding procedures for the construction, building, renovation, remodeling, alteration, repair, or improvement of real property where the estimated cost does not exceed $350,000, which includes the costs of labor, material, equipment and sales and/or use taxes as applicable, the city may use the small works roster procedures for public works projects as set forth herein. 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. Number of Rosters. The city may create a single general small works roster or may create a small works roster for different specialties or categories of anticipated work. Small works rosters may make distinctions between contractors based upon different geographic areas served by the contractor.
C. Contractors on Small Works Roster(s). The small works roster(s) shall 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. Contractors desiring to be placed on a roster or rosters must keep current records of any applicable licenses, certifications, registrations, bonding, insurance, or other appropriate matters on file with the city as a condition of being placed on a roster or rosters.
D. Publication. At least once a year, the city shall publish in a newspaper of general circulation within the jurisdiction a notice of the existence of the roster or rosters and solicit the names of contractors for such roster or rosters. The city may contract with Municipal Research and Services Center of Washington (MRSC rosters) to publish such notices on the city’s behalf.
Responsible contractors shall be added to an appropriate 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 small works roster. An interlocal contract or agreement between the city of Fife and other local governments establishing a small works roster or rosters to be used by the parties to the agreement or contract must clearly identify the lead entity that is responsible for implementing the small works roster provisions.
E. Electronic Rosters. In addition to, or in lieu of, paper and/or electronic rosters kept on file in the appropriate department, the city may use the statewide electronic database developed and maintained by the Municipal Research and Services Center of Washington (MRSC rosters).
F. Telephone or Written Quotations. The city shall use the following process to 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:
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. This subsection does not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes.
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.
If the estimated cost of the work is from $250,000 to $350,000, the city may choose to solicit bids from less than all the appropriate contractors on the appropriate small works roster but must also notify 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 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 other electronic means.
3. For purposes of this chapter, “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. 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 award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by at least one of the following: telephone or electronic request.
5. For projects awarded under the small works roster process established under this subsection, the city may waive the retainage requirements of RCW 60.28.011(1)(a), thereby assuming the liability for contractor’s nonpayment of: (a) laborers, mechanics, subcontractors, material persons, and suppliers; and (b) taxes, increases, and penalties under RCW Titles 50, 51, and 82 that may be due from the contractor for the project. However, the city has the right of recovery against the contractor for any payments made on the contractor’s behalf. Recovery of unpaid wages and benefits are the first priority for actions filed against the contract.
G. Limited Public Works Process. If a work, construction, alteration, repair, or improvement project is estimated to cost less than $50,000, 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 and 39.04.350. 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 may waive the retainage requirements of RCW 60.28.011(1)(a), thereby assuming the liability for the contractor’s nonpayment of laborers, mechanics, subcontractors, materialmen, suppliers, and taxes, increases, and penalties imposed under RCW Titles 50, 51, and 82 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.
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.
H. Determining Lowest Responsible Bidder. The city 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 city may call for new bids. A responsible bidder will be a contractor who meets the mandatory requirements of RCW 39.04.350(1) and any supplemental bidder responsibility criteria established for the project under RCW 39.04.350(2).
I. Award. The city manager or his designee shall present to the city council all telephone quotations/bids and recommendation for award of the contract to the lowest responsible bidder. However, for public works projects under $350,000, the city manager shall have the authority to award public works contracts without city council approval; provided, that the moneys have been appropriated in the city budget and the project is listed in the city’s capital improvement plan, the city six-year street plan, or otherwise approved by city council motion or resolution. For public works projects over $350,000, the city council shall award the contracts by resolution. (Ord. 2010 § 5, 2019; Ord. 1720 § 2, 2010; Ord. 1701 § 1, 2009; Ord. 1449 §§ 2, 5, 2002).
2.90.040 Contracting with Pierce County for road maintenance services.
The city manager is authorized to contract with Pierce County for road maintenance services.
A. For recurring road maintenance work with a cost less than $50,000 per annum, the city manager shall investigate the cost of private contracting at least once every five years, and whenever there is a significant change in the county’s proposed charges, in order to confirm that the county remains the most cost-effective maintenance provider.
B. For nonrecurring road maintenance work or for work costing $50,000 or more per annum, the city manager shall follow the requirements for small public works roster procedures and may contract with Pierce County if such procedures demonstrate that the county is the most cost-effective maintenance provider. (Ord. 1560-05 § 1, 2005).
2.90.050 Compost procurement.
A. Definitions. For the purposes of this section, the definitions set forth in RCW 43.19A.010 as now or hereafter amended shall apply, unless the context clearly requires otherwise.
B. When planning city-funded projects or soliciting and reviewing bids for such projects, city departments shall consider whether compost products can be utilized in the project. If compost products can be utilized in the project, they must be utilized for the project.
C. City departments shall plan for the use of compost in the following categories that are applicable to their operations and project types:
1. Landscaping projects;
2. Construction and postconstruction soil amendments;
3. Applications to prevent erosion, filter stormwater runoff, promote vegetation growth, or improve the stability and longevity of roadways; and
4. Low-impact development and green infrastructure to filter pollutants or keep water on site, or both.
D. Notwithstanding subsections (B) and (C) of this section, city departments are not required to utilize compost products if:
1. Compost products are not available within a reasonable period of time;
2. Compost products that are available do not comply with existing purchasing standards;
3. Compost products that are available do not comply with federal or state health, quality, and safety standards; and
4. Compost purchase prices are not reasonable or competitive.
E. The city shall give priority to purchasing compost products from companies that produce compost products locally, are certified by a nationally recognized organization, and produce compost products that are derived from municipal solid waste compost programs and meet quality standards comparable to standards adopted by the Department of Transportation or adopted by rule by the Department of Ecology.
F. Reporting. By December 31, 2024, and each December 31st of even-numbered years thereafter, the public works department shall submit a report covering the previous year’s compost procurement activities to the Department of Ecology that contains the following information:
1. The total tons of organic material diverted throughout the year (if applicable);
2. The volume and cost of compost purchased throughout the year; and
3. The source or sources of the compost purchased. (Ord. 2095 § 1, 2023).