Chapter 3.56
PURCHASING AND PUBLIC WORKS PROCEDURES
Sections:
3.56.010 Purchase contracts in an amount of seven thousand five hundred dollars or less.
3.56.030 Small works procedures.
3.56.040 Limited public works projects.
3.56.050 Consulting services roster.
3.56.010 Purchase contracts in an amount of seven thousand five hundred dollars or less.
The city is not required to use informal or formal sealed bidding procedures or the procedures set forth in this chapter to purchase materials, supplies, or equipment where the cost of the purchase of materials, supplies, or equipment will not exceed seven thousand five hundred dollars. The city will attempt to obtain the lowest practical price for such goods and services. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 172.A § 1, 2001. Formerly 3.40.010)
3.56.020 Purchase contracts in an amount between seven thousand five hundred and fifteen thousand dollars.
A. At least twice a year, the city shall publish, in the city’s official newspaper, notice of the existence of a roster(s) of vendors for materials, supplies, and equipment, and shall solicit names of vendors for the roster.
B. 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. A city representative 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 city representative shall not share telephone quotations from one 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 material, supplies, or equipment, and of any conditions imposed on the bid by such vendor;
5. The city representative shall present to the city council all telephone quotations and a recommendation for award of the contract to the lowest bidder.
C. 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. The city, in determining the lowest responsible bidder, may take the following factors, in addition to price, into account:
1. Any preferences provided by law to Washington products and vendors;
2. The quality of the materials, supplies, and equipment to the city’s specifications;
3. The conformity of the materials, supplies, and equipment to the city’s specifications;
4. The purposes for which the materials, supplies, or equipment are required;
5. The times for delivery of the materials, supplies, or equipment;
6. The character, integrity, reputation, judgment, experience, and efficiency of the bidder;
7. The ability, capacity, and skill of the bidder to perform the contract or provide the service required;
8. Whether the bidder can perform the contract within the time specified;
9. The quality of performance of previous contracts or services; and
10. The previous and existing compliance by the bidder with laws relating to the contract or services; and
11. Such other information as may have a bearing on the decision to purchase the materials, supplies, or equipment.
D. The city council shall review quotations and recommendation by city staff and award the contract to the lowest responsible bidder. A written record of each vendor’s quotations shall be made available for public inspection or telephone inquiry after the award of the contract. Any contract awarded under this subsection need not be advertised.
E. A list of all contracts awarded under these procedures shall be posted at the city’s main administrative offices 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. 363 § 1(Exh. A)(part), 2009: Ord. 172.A § 2, 2001. Formerly 3.40.020)
3.56.030 Small works procedures.
The following small works roster procedures are established for use by the city pursuant to Chapter 39.04 RCW:
A. 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 such other maximum amount as may hereafter be established by state law, 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.
B. 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 the 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.
C. The city shall 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 contractors who meet the mandatory bidder responsibility criteria in RCW 39.04.350(1) and any supplementary bidder criteria established pursuant to RCW 39.04.350(2).
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.
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 one hundred fifty thousand dollars to three hundred thousand dollars, or within such other amounts as are established by state law, and the city chooses to solicit bids from less than all the appropriate contractors on the appropriate small works roster, the city 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 the 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 telephone inquiry.
D. 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 RCW 39.04.350(1) and the following supplementary criteria adopted pursuant to RCW 39.04.350(2):
1. The ability, capacity, and skill of the bidder to perform the contract or provide the service required;
2. The character, integrity, reputation, judgment, experience, and efficiency of the bidder;
3. Whether the bidder can perform the contract within the time specified;
4. The quality of performance of previous contracts or services;
5. The previous and existing compliance by the bidder with laws relating to the contract or services; and
6. The ability of the bidder to provide future maintenance and service for the subject contract.
E. All of the telephone bids or quotations shall be collected and presented at the same time to the city council for consideration, determination of the lowest responsible bidder, and award of the contract.
F. At least once every year a list of the contracts awarded under that process is to be furnished to the city council and made available to the general public. The list shall contain the name of the contractor awarded the contract, the amount of the contract, a brief description of the type of work performed under the contract, and the date it was awarded. The list shall also state the location where the bid quotations for these contracts are available for public inspection.
G. In accordance with RCW 39.04.280, in the event of an emergency when the public interest or property of the city would suffer material injury or damage by delay, the mayor, upon receipt of written report by the public works director or mayor’s designee reciting the facts of said emergency, may declare the existence of an emergency and waive competitive bidding requirements. If a contract is awarded without competitive bidding requirements, a written finding of the existence of an emergency must be made by the city council and duly entered of record no later than two weeks following the award of the contract. (Ord. 412 § 1, 2013: Ord. 363 § 1(Exh. A)(part), 2009: Ord. 172.A § 3, 2001. Formerly 3.40.030)
3.56.040 Limited public works projects.
A. For limited public works projects, with an estimated cost of less than thirty-five thousand dollars, the city shall solicit electronic or written quotes from at least three contractors on the appropriate small works roster and shall award the contract to the lowest responsible bidder pursuant to BMC 3.56.030(D) and (E).
B. The city council may award the contract even if only one quotation is received, or reject all quotations.
C. The city council may waive the payment and performance bond requirements of Chapter 39.08 RCW and retainage requirements of Chapter 60.28 RCW; however, the city retains the right of recovery against any contractor for any payments it makes on behalf of the contractor.
D. An attempt shall be made to distribute opportunities equitably among contractors, on the small works roster, willing to perform the work in the geographic area of the city.
E. All quotations received under the limited public works process shall be available for public inspection after a contract is awarded.
F. 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. (Ord. 363 § 1(Exh. A)(part), 2009: Ord. 172.B § 1 – 5, 2002. Formerly 3.40.040)
3.56.050 Consulting services roster.
A. 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.
B. 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 shall 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 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 consulting services roster.
C. 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 city and to use paper and/or other electronic rosters that may be kept on file by appropriate city departments. (Ord. 363 § 1(Exh. A)(part), 2009)