Chapter 2.90   PURCHASING AND PUBLIC WORKS CONTRACTING


2.90.010   Generally.

The following describes the procedures that the city is required to use in order to purchase materials, supplies or equipment, whether associated with a public work or not, the procedures to be used for contracts involving services and contracts involving public works:

A.

Materials, Supplies and Equipment (No Public Work Involved).

Cost Procedure
$7,500.00 or less 1 City selection, no competitive bids or contract
$7,501.00 to $15,000.00 2 Purchase contract process (Section 2.90.020)
$15,000.00 and over Competitive bidding and contract

 

1 RCW 35A.40.210 (code cities under twenty thousand population), RCW 35.23.352(6).

2 RCW 35.23.352(8) and RCW 39.04.190.

B.

Professional and Personal Services Contract.

Cost Procedure
Any amount Chapter 39.80 RCW; architectural and engineering services — advertise, request for qualifications require, council must vote to authorize Mayor to sign contract.
$7,500.00 or less Mayor and one member of the finance committee can approve contract as long as there is money to cover the cost of services in the city's budget.
$15,000.00 or less Mayor can approve the contract if there is money to cover cost of services and the services are specifically included as a line item in the city's budget.
$15,000.00 or more Council must vote to authorize Mayor to sign the contract.

 

C.

Public Works Projects.

One craft or trade involved or street signalization or street lighting 3 :
$40,000.00 or less By contract or day labor without competitive bids 4
Two or more crafts or trades involved:
$65,000.00 By contract or day labor without competitive bids 5
Public works projects not covered above:
$300,001.00 or more By contract using competitive bidding 6
$300,000.00 or less By contract using small works roster process 7 (described in Section 2.90.030)
$35,000.00 or less By contract using the limited public works process 8 (described in Section 2.90.030(G))

 

3 This amount includes the cost of materials, supplies and equipment. A public works project means a complete project. The project cannot be divided into units of work or classes of work in order to avoid the restrictions herein.

4 RCW 35.23.352(1).

5 RCW 35.23.352(1).

6 RCW 35.23.352(1).

7 RCW 39.04.155.

8 RCW 39.04.155(3).

(Ord. No. 1035, § 3, 10-2-2014)

Editor's note— Ord. No. 1035, § 2, adopted October 2, 2014, repealed the former § 2.90.010, and § 3 of Ord. No. 1035 enacted a new § 2.90.010 as set out herein. The former § 2.90.010 purchase of materials, supplies or equipment in an amount of seven thousand five hundred dollars or less, not connected to a public works project and derived from Ord. No. 828, 2007.

2.90.020   Purchase of materials, supplies or equipment in an amount greater than seven thousand five hundred dollars and less than or equal to fifteen thousand dollars, not connected to a public works project.

For the purchase of any materials, supplies or equipment in an amount greater than seven thousand five hundred dollars and less than or equal to fifteen thousand dollars, 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 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.

Electronic Rosters. In addition to paper and/or electronic vendor lists kept on file in the appropriate department, the city may also use the state wide electronic database developed and maintained jointly by the Daily Journal of Commerce and the Municipal Research and Services Center of Washington.

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.

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 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 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 responsible bidder.

D.

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. Pursuant to RCW 43.19.1911(9), the following factors, in addition to price, may be given consideration in determining lowest responsible bidder:

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;

6.

Such other information as may be secured having a bearing on the decision to award the contract.

E.

Award. 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 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. 828 § 3, 2007)

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, RCW 35A.40.210 and chapter 39.04 RCW, specifically, RCW 39.04.155 and 39.04.200.

A.

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, 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 done for the purpose of avoiding the maximum dollar amount of a contract that may be left 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. 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 City of Black Diamond 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 paper and/or electronic rosters kept on file in the appropriate department, the city may also use the state wide electronic database developed and maintained jointly by the Daily Journal of Commerce and the Municipal Research and Services Center of Washington.

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.

3.

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 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.

4.

For purposes of this section, "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.

5.

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.

G.

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, subsection (3). For 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 43.19.1911(9). 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 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.

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. Pursuant to RCW 43.19.1911(9), the following factors, in addition to price, may be given consideration in determining lowest responsible bidder:

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;

6.

Such other information as may be secured having a bearing on the decision to award the contract.

I.

Award. The mayor or his or her designee shall present to the city council all telephone quotations/bids and recommendation for award of the contract to the lowest responsible bidder.

J.

Listing of contracts awarded. 9 When the small works roster or limited public works process has been used to award contracts for the construction, building, renovation, remodeling, alteration, repair or improvement of real property, the city shall make available a list of the contracts awarded under that process at least once a year. The list shall 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 under the contract and the date it was awarded. The list shall also state the location where the bid quotations for these contractors are available for public inspection.

9 RCW 39.04.200.

(Ord. 828 § 4, 2007)

(Ord. No. 1035, § 4, 10-2-2014).