Chapter 3.02
PURCHASE OF MATERIALS, EQUIPMENT, SERVICES AND SUPPLIES
Sections:
3.02.020 Organizations affected.
3.02.050 Small public works roster.
3.02.060 Vendor roster for non-public works contracts.
3.02.010 Purpose.
To establish the city’s policy and procedures for purchasing of materials, equipment, services and supplies.
(Res. No. 14.01.01, § 1, 1-16-14).
3.02.020 Organizations affected.
All departments/divisions.
(Res. No. 14.01.01, § 1, 1-16-14).
3.02.030 References.
(Res. No. 14.01.01, § 1, 1-16-14).
3.02.040 Policy.
A. Only authorized individuals may obligate the city to acquire goods and services. Individuals purchasing goods on behalf of the city without proper authorization may be personally liable to the vendor and the city, and may be disciplined.
B. It is the department director’s responsibility to ensure that total annual expenditures do not exceed the authorized budget appropriation.
C. Purchases (per item) which exceed one thousand five hundred dollars shall require council approval.
D. Purchases (per item) less than one thousand five hundred dollars do not require prior approval if there are sufficient available funds within the department budget for such expenditures.
E. The city clerk will exercise a secondary oversight responsibility for all budget expenditures. This includes responsibility for both technical errors and errors of judgment, which should be brought immediately to the attention of the responsible department head and the mayor. However, unilateral changes may be made in line item expenditures by the city clerk if deemed necessary in order to expedite the accounts payable process.
F. All invoices will be signed by the responsible department head or his/her designee (or mayor), and reviewed by the city clerk for budget authority and proper coding.
G. Invoices for the costs of public utilities, telephone, postage, copy machine expenses, and others shared by more than one department will be reviewed and approved by the responsible department or city clerk or his/her designee and do not need council approval.
H. All expenditures/expenses shall be pre-audited and certified by the city clerk or his/her designee prior to submitting them to the city council.
I. With prior approval of the department head and the city clerk, an employee may personally pay for an approved purchase, and then seek reimbursement through an expense voucher.
(Ord. No. 17-609, § 1, 12-21-17; Res. No. 14.01.01, § 1, 1-16-14).
3.02.050 Small public works roster.
A. MRSC Rosters. The city of Mattawa has contracted with the Municipal Research and Services Center of Washington (MRSC) to adopt for the city use of those statewide electronic databases for use of the vendor roster to award contracts for the purchase of supplies, materials, and equipment being purchased in connection with public works contracts and limited service contracts as authorized in lieu of the requirements for formal sealed bidding, developed and maintained by MRSC and authorizes city staff to sign that contract. In addition, paper and/or electronic rosters may be kept on file by appropriate city departments.
B. Small Public Works Roster. The following vendor lists are established for use by the city pursuant to RCW 39.04.190:
1. Cost. The city need not comply with formal sealed bidding procedures for the construction, building, renovation, remodeling, alteration, repair, or improvement of real property where the estimated cost does not exceed three hundred thousand dollars or the current statutory limit in RCW 39.04.155, which includes the costs of labor, material, equipment and sales and/or use taxes as applicable. Instead, 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.
2. Publication. At least once a year, on behalf of the city, MRSC 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. Responsible contractors shall be added to appropriate MRSC roster or rosters at any time that they submit a written request and necessary records. The city may require master contracts to be signed that become effective when a specific award is made using a small works roster.
3. Telephone or Written Quotations. The city shall obtain telephone, written or electronic quotations for public works contracts from contractors on the appropriate small works roster to assure that a competitive price is established and to award contracts to a contractor who meets the mandatory bidder responsibility criteria in RCW 39.04.010 and 39.04.350, as follows:
a. 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.
b. Quotations may be invited from all appropriate contractors on the appropriate small works roster. As an alternative, quotations may be invited from at least five contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted, in a manner that will equitably distribute the opportunity among the contractors on the appropriate roster. “Equitably distribute” means that the city may not favor certain contractors on the appropriate small works roster over other contractors on the appropriate small works roster who perform similar services.
If the estimated cost of the work is from one hundred fifty thousand dollars to three hundred thousand dollars, the city may choose to solicit bids from less than all the appropriate contractors on the appropriate small works roster but must notify the remaining contractors on the appropriate 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:
i. Publishing notice in a legal newspaper in general circulation in the area where the work is to be done;
ii. Mailing a notice to these contractors; or
iii. Sending a notice to these contractors by facsimile or email.
c. 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.
d. 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 telephone inquiry.
4. Limited Public Works Process. If a work, construction, alteration, repair, or improvement project is estimated to cost less than thirty-five thousand dollars, 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 open to public inspection and available by electronic request.
For limited public works projects, the city may waive the payment and performance bond requirements of Chapter 39.08 RCW and the retainage requirements of Chapter 60.28 RCW, thereby assuming the liability for the contractor’s nonpayment of laborers, mechanics, subcontractors, materialmen, suppliers, and taxes imposed under Title 82 RCW that may be due from the contractor for the limited public works project. However, the city shall have the right of recovery against the contractor for any payments made on the contractor’s behalf.
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.
5. Determining Lowest Responsible Bidder. The city council shall award the contract for the public works project to the lowest responsible bidder; provided, that whenever there is a reason to believe that the lowest acceptable bid is not the best price obtainable, all bids may be rejected and the city council may call for new bids. A responsible bidder shall be a registered and/or licensed contractor who meets the mandatory bidder responsibility criteria established by Chapter 133, Laws of 2007 (SHB 2010) and who meets any supplementary bidder responsible criteria established by the city.
6. Award. All of the telephone quotations/bids shall be collected and presented to the city council at the same time for consideration, determination of the lowest responsible bidder, and award of the contract.
C. Consulting Services Roster.
1. Consulting Services. Consulting services are professional services that have a primarily intellectual output or product and include architectural and engineering services as defined in RCW 39.80.020.
2. Publication. At least once a year, on behalf of the city, MRSC shall publish in a newspaper of general circulation within the jurisdiction a notice of the existence of the consulting services roster or rosters and solicit statements of qualifications from firms providing consulting services. Such advertisements will include information on how to find the address and telephone number of a representative of the city who can provide further details as to the city’s projected needs for consulting services. Firms or persons providing consulting services may complete the online application at any time and be listed if they meet the minimum state requirements.
3. Professional Architectural and Engineering Services. The MRSC rosters will distinguish between professional architectural and engineering services as defined in RCW 39.80.020 and other consulting services and will announce generally to the public the city’s projected requirements for any category or type of professional or other consulting services. The city reserves the right to publish an announcement on each occasion when professional services or other consulting services are required by the agency and to use paper and/or other electronic rosters that may be kept on file by appropriate city departments.
(Res. No. 14.12.13, §§ 2 – 4, 12-4-14).
3.02.060 Vendor roster for non-public works contracts.
A. MRSC Rosters. The city of Mattawa wishes to contract with the Municipal Research and Services Center of Washington (MRSC) to have their official rosters hosted in the online database for the city’s use for vendor services developed and maintained by MRSC through MRSC rosters and authorizes city staff to sign that contract.
B. Vendor List Roster. The following vendor list roster procedures are established for use by the city pursuant to RCW 39.04.190:
1. Purchase of Materials, Supplies, or Equipment Not Connected to a Public Works Project. The city is not required to use formal sealed bidding procedures to purchase materials, supplies, or equipment not connected to a public works project where the cost will not exceed fifteen thousand dollars. The city will attempt to obtain the lowest practical price for such goods and services.
2. Publication. At least twice per year, MRSC shall, on behalf of the city, publish in a newspaper of general circulation within the municipality’s jurisdiction a notice of the existence of the vendor list roster and solicit the names of vendors for the vendor list roster. MRSC shall add responsible vendors to the vendor list roster at any time when a vendor completes the online application provided by MRSC, and meets minimum state requirements for roster listing.
3. Telephone, Written, or Electronic Quotations. The city shall use the following process to obtain telephone or written quotations from vendors for the purchase of materials, supplies, or equipment not connected to a public works project:
a. 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;
b. The mayor, or their designee, shall make a good faith effort to contact at least three of the vendors on the roster to obtain telephone or written quotations from the vendors for the required materials, supplies, or equipment;
c. The mayor, or their designee, shall not share telephone or written quotations received from one vendor with other vendors soliciting for the bid to provide the materials, supplies, or equipment;
d. A written record shall be made by the mayor, or their designee, of each vendor’s bid on the material, supplies, or equipment, and of any conditions imposed on the bid by such vendor.
4. Determining the Lowest Responsible Bidder. The city shall purchase the materials, supplies, or equipment from the lowest responsible bidder; provided, that whenever there is 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.
5. Award. All of the bids or quotations shall be collected by the mayor or his designee. The mayor, or their designee, shall create a written record of all bids or quotations received, which 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.
a. The mayor, or their designee, shall then present all bids or quotations and their recommendation for award of the contract to the city council. The city council shall consider all bids or quotations received, determine the lowest responsible bidder, and award the contract; or
b. If the city council delegates the authority to award bids to the mayor of the city for materials, supplies, or equipment costing less than or equal to one thousand dollars, the mayor shall have the authority to award public works contracts without the city council’s approval; provided, that the city council shall ratify the mayor’s approval at the next scheduled city council meeting by means of the consent agenda. For materials, supplies, or equipment costing more than one thousand dollars, the city council shall award all vendor contracts.
6. 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.
(Res. No. 14.12.14, §§ 1, 2, 12-4-14).