ORD 87-19 PURCHASING & ACQUISITION PROCEDURE(Revised Draft)
ROC:al
9/24/87
To Be Considered: 10-1-87
ORDINANCE NO. 87-19
AN ORDINANCE OF TIIE CITY OF WINSLOW
WASHINGTON, AMENDING Ct]APTER 3-72 OF
TIlE WINSLOW MUNICIPAL CODE, ENTITLED
"PURCItASING AND ACQUISITION PROCEDURE"
BY ADOPTING STATE LAW AMENDMENTS, SO
AS TO CHANGE TIlE CITY BIDDING AND PUR-
CIIASE PROCEDURES TO BE IN CONFORMANCE
WITII STAT]~ STATUTES RCW 35.23.352 AND
353, AS AMENDED BY CIIAPTER 120 OF TIIE
REGULAR SESSION LAWS OF 1987, WHICIt
PROVIDE FOR TIlE ELIMINATION OF COM-
PETITIVE BIDS FOR PURCtIASES $7,500
AND UNDER; MODIFIED COMPETITIVE BIDS
FOR PURCHASES FROM $7,501 TO $15,000;
REQUIRE COMPETITIVE BIDS FOR PURCtlASES
OVER $15,001; TIlE ALLOWANCE FOR SINGLE
SOURCE EXCEPTION; DIFFERENT TREATMENT
FOR PERFORMANCE - BASED CONTRACTS; PRE-
SCRIBING PUBLIC WORKS; REQUIRE;
USE OF SPECIAL STATE REPORT FORMS;
SPECIAL BiD EXCEPTIONS UP TO $30,000
OR $20,000 UNDER CERTAIN CIRCUMSTANCES;
AND PRESCRIBE SMALL WORKS ROSTER PRO-
CEDURES.
WHEREAS, the City Council has determined that due
to changes in state statutes, the present city ordinances
governing purchasing and acquisition procedures should be
amended, and
WHEREAS, the City Council finds that these
amendments are in the interests of the public health, safety
and welfare, now, therefore,
THE MAYOR AND CITY COUNCIL OF THE CITY OF WINSLOW,
WASHINGTON DO ORDAIN changes to the Winslow Municipal Code as
follows:
Section 1. Section 3.72.020 is amended to read:
3.72.020 Purchases - seven thousand five hundred
dollars or less.
For the acquisition of supplies, material, equip-
ment, or services with a reasonably anticipated price of seven
thousand five hundred dollars or less:
A. No formal or informal bidding shall be required.
B. Staff will continue on an ongoing basis to obtain the
lowest practical price for such goods or services.
Section 2. Section 3.72.030 is amended to read:
3.72.030 Purchases - more than seven thousand five
hundred dollars.
A. Formal Bids.
For the acquisition of supplies, material, equipment, or
services with a reasonably anticipated price of more..than seven
~ousand five hundred dollars~ a formal call for bids shall be
required as follows:
Except as set forth herein,
1. Staff will prepare bid specifications or requests for
proposals for the goods or services to be purchased, upon
prior authorization by the city council.
2. A call for sealed bids or request for proposals
will be published in a newspaper of county-wide circulation not
less than one week prior to the date fixed for opening.
3. The call for sealed bids or request for proposals
will be posted in the same manner as ordinances. The notice shall
include a description Of the goods or services desired.
4. Bid proposals will be opened on the date and time,
and at the place as specified in the specifications or public
notices.
5. Staff will prepare 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 qualifications, or the staff
may recommend the rejection of any or all bids.
6. The city council shall review the bid proposals 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 negotiate
directly with any prospective service or supply provider.
9. Formal bids shall be called annually.
10. The Mayor may amend the original contract up to ten
percent of the total cost provided the amendment pertains directly
to the scope of the contract. If amendments are required that will
exceed ten percent of the total cost of the original contract,
the city council must approve.
B. Informal Bids - Special Procedures Up to $15,000.
A formal call for bids and advertising may be dispensed
with when:
1. The purchases do not exceed fifteen thousand dollars,
and
2. The city council authorizes by resolution a procedure for
securing telephone and/or written quotations from enough vendors
to assure establishment of a competitive price and for awarding
the contracts for purchase of materials, equipment, or services
to the lowest responsible bidder, and
3. Immediately after the award is made, the bid quotations
obtained shall be recorded and open to public inspection and
shall be available by telephone inquiry.
Section 3. Section 3.72.040 is amended to read:
3.72.040 Purchases - Single Source and Other Excepti
A. These requirements for purchasing also may be waived by
resolution of the city council when it has declared that the purcha
is clearly and legitimately limited to a single source or supply
within the near vicinity, orth~ materials, supplies, equipment,
or services are subject to special market conditions, and recites
why this situation exists.
B. As defined in RCW 39.35A.020(3), performance-based contract
are exempt from these provisions.
C. These provisions also shall not apply to the purchase
of professional services.
D. These provisions also shall not apply to public works
or improvements.
E. These provisions also shall not apply to the acquisition
of supplies, material, equipment, or services at public auctions
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of the United States, or its agencies, or the State of
Washington, or any of its subdivisions.
Section 4.
in its entirety:
3.72.060
A.
Section 3.72.060 is amended to read
Public Works - Informal Bids.
Informal Bids - Public Works - $30,000 or less.
The city shall construct public works as defined in
RCW 39.04.010, by contract or day labor, without calling for
bids whenever the estimated cost of the work or improvement,
including cost of materials, supplies and equipment will: (1) not
exceed the sum of thirty thousand dollars if more than one craft
or trade is involved with the public works, or (2) not exceed
the sum of twenty thousand dollars if a single craft or trade is
involved with the public works. The term "public works project"
means a complete project. This shall not permit the division
of the project into units of work or classes of work to avoid
the restriction on work that may be performed by day labor on
a single project.
B. Informal Bids - Public Works Procedures Required.
For public works which do not require a formal call
for bids, informal biddfng shall be as follows:
1. Staff shall obtain three or more written quotes from
vendors of the estimated cost of completing the public works
necessary and maintain said quotes in the records, together
with specifications 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 presentd 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.
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5. In addition, the city may use its own public works
force to complete the public works necessary without the nec-
essity of informal bidding.
Section 5. Section 3.72.070 is amended to read:
3.72.070 Public Works. Formal Bids.
A. Formal Bids - More than $30,000
Whenever the cost of the public work or improvement,
including materials, supplies and equipment, will exceed $30,000,
the same shall be done by contract after formal bids are obtained.
All such contracts shall be let at public bidding upon posting
notice calling for sealed bids upon the work. The notice thereof
shall be posted in a public place in the city and by publication
in the official city newspaper once each week for two consecutive
weeks before the date fixed for opening the bids. The notice
shall generally state the nature of the work to be done, that
plans and specifications shall then be on file at city hall
for public inspection , and require that bids be sealed and filed
with the city council within the time specified therein. Each
bid shall be accompanied by a bid proposal deposit in the form
of a caS~ie~'~s check, postal money order, or surety bond to city
council for a sum of not less than five percent of the amount of
the bid, and no bid shall be considered unless accompanied by
such bid proposal deposit. The city council shall let the contract
to the lowest responsible bidder or shall have power by resolution
to reject any or all bids and to make further calls for bids in
the same manner as the original call.
B. Deposits.
When the contract is let, than all bid proposal deposits
shall be returned to the bidders except that of the successful
bidder which shall be retained until a contract is entered into
and a bond to perform the work furnished, with surety satisfactory
to city council, in the full amount of the contract price. If
the bidder fails to enter into the contract in accordance with
his bond and furnish a b6nd within ten days from the date at
which he is notified that he is the successful bidder, the check
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or postal money order and the amount thereof shall be forfeited
to city council or city council shall recover the amount of the
surety bond.
C. Readvertisement.
If no bid is received on the first call, city council
may readvertise and make a second call, or may enter into a
contract without any further call or may purchase the supplies,
material or equipment and perform the work or improvement by day
labor.
D. Posting.
The call for sealed bids and/or request for proposals
will be posted in the same manner as ordinances.
E. Administration.
The call for bids also shall comply with the following:
1. Bid 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.
2. 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.
3. The mayor may amend the original contract up to ten per-
cent of the total cost provided the amendment pertains directly
to the scope of the contract. If amendments are required that
will exceed ten percent of the total cost of the original contract,
the city council must approve them.
Section 6. Section 3.72.100 is amended to read:
3.72.100 Public Works - Small Works Roster established
A small works roster is hereby established to be
maintained by the city which shall consist of all contractors
who have requested to be on the roster and who are properly
licensed to work in the state and in the city.
3.72.110 Public Works - Small Works Roster Use
An an alternative to the procedures set forth in
Sections 3.72.060 and 3.72.070, a small works roster and award
of a contract thereunder may be used for public works contracts
of up to one hundred thousand dollars.
3.72.120 Public Works - Sinall Works Roster Procedure.
Whenever a public works project of an estimated cost
of one hundred thousand dollars or less is done by contract and
the city uses the small works roster, the city shall:
A. Invite proposals from all appropriate contractors on
the roster.
B. Whenever possible, invite at least one proposal from a
minority or woman contractor who shall otherwise qualify, and
C. Include an estimate of the scope and nature of the work
to be performed, materials and equipment to be furnished.
D. Award the contract to the contracting submitting
the lowest responsible bid.
Section 7.
3.72.130 to read:
3.72.130
Form.
A.
There is hereby added a new Section
Public Works - Use of State Auditor's
The city shall hereafter account and record costs of
public works in excess of five thousand dollars that are not
let by contract on the standard forms required by the State
of Washington through the State Auditor under Section 4 of
RCW 35.22.620.
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B. The cost of a separate pubic works project shall be the
costs of the materials, equipment, supplies, and labor on
that construction project.
Section 8. If any part of this ordinance shall be
held to be invalid by a court of competent jurisdiction, such
shall not effect the validity of any other part of this ordinance.
Section 9. This ordinance or a summary thereof
consisting of the title and the penalty provision applicable
to this bhall be published in the official newspaper of the City,
and shall take effect and be in full force five (5) days after
publication.
APPROVED:
MAYOR ALICE B. TAWRESEY ~
ATTEST/AUTHENTICATED:
APPROVED AS TO FORM:
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL: October 1, 1987
PUBLISHED: October 7, 1987
EFFECTIVE DATE: October 12, 1987
ORDINANCE NO. 87-19
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