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ORD 84-05 PURCHASES OF GOODS/SERVICES AND BIDDING REQUIREMENTSWDT: j t 2/21/84 3/20/84 ORDINANCE NO. 84-05 AN ORDINANCE OF THE CITY OF WINSLOW, WASHING- TON, ESTABLISHING PROCEDURES FOR PURCHASES OF GOODS AND/OR SERVICES AND BIDDING REQUIREMENTS AND REPEALING RESOLUTION NO. 80-05. WHEREAS, the City of Winslow has determined that it is necessary to establish procedures to insure the fair, impar- tial, responsible, and competitive award of purchases of goods and/or services; and WHEREAS, the City of Winslow has determined that such procedures will insure that the public shall receive the greatest benefit for the least expenditure of public funds; now, therefore, THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Procedures for Purchase of Goods and/or Services. All purchases of goods and/or services by the City of Winslow shall be made using the following procedures: Section 2. Acquisition of Supplies, Materials, Equipment, or Services Other Than Professional or Public Works Services With a Reasonably Anticipated Price of Less than $2,000.00. A. No formal or informal bidding shall be required. B. Staff will continue on an ongoing basis to obtain the lowest practical price for goods and/or services. Section 3. Acquisition of SuDplies, Materials, Equipment, or Services Other Than Professional or Public Works Services With a Reasonably Anticipated Price of $2,000.00 or More but Less than $4,000.00. Informal bidding required as follows: A. Staff shall obtain three or more written quotes from vendors of the goods and/or services to be purchased. B. If less than three quotes are obtained due to factors determined to be beyond the control of the City, an explana- tion of the reason for the lower number of quotes shall accompany the quotes and be maintained in the records of the City. C. Evaluation of quotes and recommendations shall be reviewed by the Mayor. D. The contract may be awarded to the lowest responsible bidder. Section 4. Acquisition of Supplies, Materials, Equipment, or Services Other Than Professional or Public Works Services With a Reasonably Anticipated Price of $4,000.00 or More. A. Formal bidding required as follows: 1) Staff will prepare bid specifications and/or requests for proposals for the goods and/or services to be purchased upon prior authorization by the City Council. 2) A call for sealed bids and/or request for propo- sals will be published in a newspaper of county-wide circula- - 2 - tion, not less than one week prior to the date fixed for opening the bids. 3) The call for sealed bids and/or request for propo- sals will be posted in the same manner as ordinances. The notice shall include a description of the goods and/or services desired. 4) Bids/proposals will be opened on the date and time, and at the place as specified in the bid specifications, requests for proposals, advertisement, and public notices. 5) Staff will prepare bid/proposal tabulation sheets and a recommendation for awarding of the bid/proposal to the vendor determined to be the lowest responsible bidder who meets the terms of the specifications, conditions and qualifi- cations or the staff may recommend the rejection of any or all bids received. 6) The City Council shall review the bids/proposals, specifications, and related materials and the recommendation of the staff and may award the contract to the lowest responsible bidder. 7) The City may, upon review of the materials and recommendations of staff reject any or all bids and make a further call for bids. 8) If no bids are received on the first call, the City may choose to make a second call for bids or may nego- tiate directly with any prospective service or supply provider. - 3 - B. The Mayor may amend the original contract up to 10% of the total cost provided the amendment pertains directly to the scope of the contract. If amendments are required that will exceed 10% of the total cost of the original contract, the City Council must approve. Section 5. Acquisition of Supplies, Materials, Equipment, or Services By State Contract or Any Other Political Subdivision, Municipality, Special District, or Public Entity Thereof: A. The City reserves the right to purchase directly from state contFact or any other political subdivision, munici- pality, special district, or public entity thereof for goods and/or services if it can be reasonably determined that the three following conditions will be met: 1) The lowest practical price will be obtained. 2) No responsible bidder will be able to match the price obtained. 3) The best interest of the City will be served by purchasing from such entity. B. Purchases in excess of $4,000.00 require prior authorization by the City Council. Section 6. Procedures for Public Works With a Reasonably Anticipated Price of Less than $15,000.00: A. Informal bidding shall be as follows: 1) Staff shall obtain three or more written quotes from vendors of the estimated cost of completing the public - 4 - works necessary and maintain said quotes in the records, together with specifications and/or plans. 2) If less than three quotes are obtained due to factors determined to be beyond the control of the City, an explanation of the reason for the lower number of quotes shall accompany the quotes and be maintained in the records of the City, together with specifications and/or plans for public works. 3) Quotes shall be presented to the Mayor and/or the Public Works Committee for evaluation and determination of the lowest responsible bidder. 4) The Mayor and the Public Works Committee may accept the bid submitted by the lowest responsible bidder. B. In addition, the City may use its own public works force to complete the public works necessary without the necessity of informal bidding. Section 7. Bid Procedures for Public Works With a Reasonably Anticipated Price of $15,000 or More. A. Formal bidding required as follows: 1) Staff will prepare bid specifications and/or requests for proposals for completion of the public works project upon prior authorization by the City Council. 2) A call for sealed bids and/or request for propo- sals will be published in the official newspaper once a week for two consecutive weeks prior to the date fixed for the opening of bids. - 5 - 3) The call for sealed bids and/or request for pro- posals will be posted in the same manner as ordinances. 4) The call for bids shall contain the following: a) Nature of work; b) Indicate that the plans and specifications are on file at the City Hall; c) Indicate that the bids must be sealed; and on file with the City Council before a specific date; d) Indicate that bids must be accompanied by bid proposal deposit which will be at least 5% of the bid in the form of a cashier's check or postal money order or surety bond made out to the City and specify that no bids will be considered without this deposit. B. Bids/proposals will be opened on the date and time, and at the place as specified in the bid specifications, requests for proposals, advertisements, and public notices. C. Staff will prepare bid/proposal tabulation sheets and a recommendation for awarding of the contract to the vendor determined to be the lowest responsible bidder who meets the terms of the specifications, conditions and qualifications, or may recommend the rejection of any or all bids received. D. The City Council shall review the bids/proposals, specifications, and related materials and the recommendations of staff and may award the contract to the lowest responsible bidder. - 6 - E. The City may, upon review of the materials and recom- mendations of staff reject any or all bids and may make a further call for bids. F. If no bids are received on the first call, the City may choose to make a second call for bids or negotiate directly with any prospective public works contractor. G. The Mayor may amend the original contract up to 10% of the total cost provided the amendment pertains directly to the scope of the contract. If amendments are required that will exceed 10% of the total cost of the original contract, the City Council must approve. Section 8. Bid Procedures for Architect and Engineer Services. A. Periodically, the City shall give notice of the City's p~ojected requirements for architectural and engineering services in a manner which will effectively convey said notice to the public and architectural and engineering professional communities throughout the Puget Sound area. Such notice shall encourage firms engaged in the practice of engineering and architecture to submit a statement of qualifications and performance data for consideration in selection of consultants to provide services to the City. B. An announcement of professional services required shall be published not less than once in a newspaper not less than one week prior to the closing date for receipt of requests for proposals. - 7 - C. Staff will prepare request for proposals and specifi- cations based on consideration of the estimated value of the service to be rendered, the scope, complexity, and professional nature of the service to be performed. D. Professional firms/persons will be required to submit qualifications and performance data with their response to the request for proposals, together with references and charges for required services. E. In the case of each project in excess of $10,000, the City shall solicit written proposals from a minimum of five firms, which, based upon the statements of qualifications on file with the City and other available information, appear to be the most qualified firms to provide the particular services required. The written proposal shall include the following: 1) Evidence of the firm's current ability to provide the required services; 2) A proposed scope of work to be provided; 3) The proposed total cost of providing the services on a fixed fee basis not on an hourly and/or overhead multiplier basis; 4) A current statement of references and any other information which will be helpful in evaluating the applicants' qualifications for the proposed project. F. After receiving and reviewing the written proposals, the Public Works Committee and the Mayor shall submit their recommendations to the City Council as to the most qualified - 8 - provider of the required services and as to a fair and reasonable price for said services. The recommendation shall be accompanied by a copy of each of the written proposals received with regard to the project under consideration. G. The City Council shall consider the recommendation of the Public Works Committee and the Mayor and the written proposals and make a determination of the most qualified provider of the needed services and shall determine the fair and reasonable price of said services. The Council may authorize the Mayor to enter into negotiations with the most qualified provider in the effort to secure an offer for provi- sion of the services at a price not exceeding the price deter- mined to be fair and reasonable. The Council shall also rank the prospective providers other than the one determined to be most qualified in order of their qualifications or may authorize the Mayor to determine such ranking. H. Upon receiving authorization to enter into negotia- tions, the Mayor shall attempt to secure an offer from the provider of services determined to be most qualified at a price not exceeding the price determined to be fair and reasonable. If such an offer cannot be secured, the Mayor may enter into negotiations with the next most qualified provider of services and shall continue in this manner until an accept- able offer has been secured. Once an acceptable offer has been obtained, the Mayor shall forward recommendations regard- - 9 - ing the offer to the City Council who may authorize final award of the contract. I. In the case of City projects requiring architectural or engineering services which are anticipated to cost less than $10,000.00, the City shall solicit proposals from quali- fied providers of such services and shall determine the most qualified applicant and a fair and reasonable price and shall attempt to negotiate a contract in accord with said determina- tion and submit the contract to ~he City Council for final approval. J. Nothing herein shall be deemed to limit or abridge the City's ability to contract for work made necessary by an emergency nor shall anything herein be deemed to apply to professional services other than architects and engineers. Section 9. Emergency Waiver to Procedures Identified Above. When an apparent emergency exists, such as it appears that the public interest or the property of the City would suffer material injury or damage by delay, the Mayor may, upon preparing a report to the City Council declaring the existence of such apparent emergency and reciting the facts constituting the same, waive the provisions of Section 3 or 6 of this ordi- nance, to the extent necessary to overcome the apparent emer- gency; and the City Council may, by resolution declaring the existence of such apparent emergency and reciting the facts constituting the same, waive the provisions of Seciton 4 or 7 - 10- of this ordinance, to the extent necessary to overcome the apparent emergency. Section 10. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the vali- dity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 11. Resolution No. 80-05, adopted by the City Council on November 10, 1980, is hereby repealed. Section 12. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. ATTEST/AUTHENTICATED: CL~ D~UXT~'%~DM APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: APPROVED: MAYOR, ALICE B. TAWR~BEY~~ FILED WITH THE CITY CLERK: March 21, 1984 PASSED BY THE CITY COUNCIL: April 5, 1984 POSTED: ~ay 10, 198~ EFFECTIVE DATE: May 15, 1984 ORDINANCE NO. 84-0B - 11-