Chapter 2.90
PURCHASING AND PUBLIC WORKS CONTRACTING
Sections:
2.90.025 City manager contracting and purchasing authority.
2.90.027 Public works bid limits.
2.90.035 Small public works roster procedures.
2.90.037 Consultant services roster.
2.90.040 Contracting with Pierce County for road maintenance services.
2.90.010 Purchase of materials, supplies or equipment in an amount of $40,000 or less, not connected to a public works project.
The city manager or the city manager’s designee is authorized to make purchases of any materials, supplies or equipment, not connected to a public works project, where the cost will not exceed $40,000 for such items, using such procedures as he or she determines will obtain the lowest practical price for such goods and services. (Ord. 2125 § 1, 2024; Ord. 2010 § 1, 2019; Ord. 1484-03 § 1, 2003; Ord. 1449 §§ 2, 3, 2002).
2.90.020 Purchase of materials, supplies or equipment in an amount between $40,000 and $50,000, not connected to a public works project.
For the purchase of any materials, supplies or equipment in an amount between $40,000 and $50,000, not connected to a public works project, in lieu of informal or formal sealed bidding procedures, the city may use the following MRSC Rosters vendor roster process:
A. Publication of Notice. At least twice a year, MRSC shall, on behalf of the city, cause to be published, in a newspaper of general circulation within the city, a notice of the existence of the vendor list roster and solicit the names of vendors for the vendor list roster. MRSC shall add vendors licensed to do business in the state of Washington to the vendor roster at any time when a vendor completes the online application and meets the minimum requirements.
B. Electronic Quotations. The city shall use the following process to obtain written quotations from vendors for the purchase of materials, supplies, or equipment:
1. A written invitation (to bid or quote) with a 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. The responsible city staff member shall make a good faith effort to contact at least three of the vendors on the roster to obtain written quotations from the vendors for the required materials, supplies, or equipment;
3. The responsible city staff member shall not share written 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 materials, supplies, or equipment, and of any conditions imposed on the bid by such vendor.
C. Determining the Lowest Responsible Bidder. The city manager or designee shall purchase the materials, supplies or equipment from 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.
D. Award. The responsible city staff member shall submit to the city manager or the city manager’s designee all written quotations and recommendations for award of the contract to the lowest responsible bidder. The city manager or the city manager’s designee shall review the quotation and recommendations by city staff and award the contract to the lowest responsible bidder. A written record of each vendor’s quotations shall be made available upon request after the award of the contract. Any contract awarded under this subsection need not be advertised.
E. Posting. A list of all contracts awarded under these procedures shall be posted on the city’s website 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. 2125 § 2, 2024; Ord. 2010 § 2, 2019; Ord. 1720 § 1, 2010; Ord. 1484-03 § 2, 2003; Ord. 1449 §§ 2, 4, 2002).
2.90.025 City manager contracting and purchasing authority.
A. The city manager or the city manager’s designee shall have authority to award contracts for purchase of materials, supplies, equipment, or services without city council approval if an appropriation for such purchase is specifically referenced in the city’s budget book, and the purchase price is less than or equal to the appropriated amount.
B. The city manager or the city manager’s designee shall have authority to award contracts for purchase of materials, supplies, equipment, or services without city council approval if the purchase is in the amount of $50,000 or less, and sufficient funds for such purchase have been appropriated in the city budget.
C. The city manager or the city manager’s designee shall have authority to award contracts for services greater than $50,000 but less than $100,000, without city council approval, if the services are related to a public works project, sufficient funds for such services have been appropriated in the city budget, and the public works project is listed in the city’s capital improvement plan, the city’s six-year transportation improvement plan, or otherwise approved by city council motion or resolution.
D. The city manager or the city manager’s designee shall have authority to purchase real property and/or property rights on behalf of the city without city council approval if the real property and/or property rights are needed for a public works project, the purchase price is less than $300,000, sufficient funds for such purchase have been appropriated in the city budget, and the public works project is listed in the city’s capital improvement plan, the city’s six-year transportation improvement plan, or otherwise approved by city council motion or resolution.
E. The city manager or the city manager’s designee shall have the authority to enter contracts accepting grant awards on behalf of the city without city council approval if the grant award is under $50,000 and will not obligate the city beyond one year, except normal reporting and records retention requirements, and completion of any purchase, project or services for which the funds were awarded.
F. The city manager shall have the authority to enter interlocal cooperative purchasing agreements under Chapter 39.34 RCW. (Ord. 2010 § 3, 2019; Ord. 1918 § 1, 2015; Ord. 1813 § 1, 2012).
2.90.027 Public works bid limits.
Whenever the estimated cost of a public work or improvement, including cost of materials, supplies and equipment, will not exceed the sum of $150,000 if more than one craft or trade is involved, or $75,500 if a single craft or trade is involved, or if the work or improvement is of street signalization or street lighting, the city may use a minimal competition process, a small works roster, or formal competitive bidding. A minimum competition process means obtaining quotes informally from one or more individual contractors. If the estimated cost is more than $150,000 if more than one craft or trade is involved, or $75,500 if a single craft or trade is involved, but less than $350,000, the city may use a small works roster or formal competitive bidding. If the estimated cost is more than $350,000, the city must use competitive bidding. The above bid limits are subject to the exceptions set forth in RCW 39.04.280 as amended. (Ord. 2125 § 3, 2024; Ord. 2010 § 4, 2019).
2.90.030 Small public works roster procedures.
Repealed by Ord. 2125. (Ord. 2010 § 5, 2019; Ord. 1720 § 2, 2010; Ord. 1701 § 1, 2009; Ord. 1449 §§ 2, 5, 2002).
2.90.035 Small public works roster procedures.
The city elects to use the statewide small works roster established under RCW 39.04.151(2) and administered by the Municipal Research Services Center of Washington (MRSC). The following procedures are established for use in the management and awards of small public works projects as allowed under RCW 39.04.152:
A. A small works roster is a preestablished list of properly licensed contractors, registered to do business with the city under selected project types and (work) categories.
B. The small works roster process is an alternative to publicly advertising public work projects, and other procurement methods as allowed by law.
C. Small works roster contract procurements will be bid electronically except as may be used in small works roster direct contracting process. (RCW 39.04.152(4)).
D. Only those contractors registered with MRSC Rosters will be invited to bid on small works roster projects.
E. Invitations for bid or direct contracting negotiations 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.
F. Small works roster contracts will be awarded to a responsible contractor (RCW 39.04.350) submitting the lowest responsive bid, unless using direct contracting where a contract will be awarded to a responsible contractor submitting a competitive bid or negotiated bid.
G. Small works roster bidding and award information will be entered by the responsible city staff member into the statewide small works roster platform immediately upon conclusion of each small works roster award.
H. Annual Notification and Invitation. At least once a year, MRSC shall, on behalf of the city, publish in a newspaper of general circulation within the city’s jurisdiction a notice of the existence of the small works roster and invite contractors to register on the statewide small works roster. Additionally, as required by RCW 39.04.151(1)(c), MRSC will notify the Office of Minority and Women’s Business Enterprise (OMWBE) directory of certified firms and invite small businesses to apply to the roster.
I. MRSC shall add responsible contractors to the small works roster at any time that a contractor completes the online application provided by MRSC and meets minimum state requirements for roster listing.
J. Small Works Roster Direct Contracting. The city may use the direct contracting option authorized by RCW 39.04.152(4) for small works roster projects estimated to cost $150,000 or less, excluding sales tax. The city manager shall develop and implement policies and procedures for direct contracting consistent with RCW 39.04.152(4) that include contractor rotation and a small business utilization plan. (Ord. 2125 § 4, 2024).
2.90.037 Consultant services roster.
The city adopts the use of the MRSC Rosters consultant roster (vendor list) which may be used for the procurement and award of consultant services. Consultant services can be “personal services” such as technical expertise, studies, project management, planning, or similar, or “architecture and engineering services” or “professional services” as defined by Chapter 39.80 RCW. For all services, the city reserves the right to procure using methods other than formal sealed bidding (low bid) as allowed by law. (Ord. 2125 § 5, 2024).
2.90.040 Contracting with Pierce County for road maintenance services.
The city manager is authorized to contract with Pierce County for road maintenance services.
A. For recurring road maintenance work with a cost less than $50,000 per annum, the city manager shall investigate the cost of private contracting at least once every five years, and whenever there is a significant change in the county’s proposed charges, in order to confirm that the county remains the most cost-effective maintenance provider.
B. For nonrecurring road maintenance work or for work costing $50,000 or more per annum, the city manager shall follow the requirements for small public works roster procedures and may contract with Pierce County if such procedures demonstrate that the county is the most cost-effective maintenance provider. (Ord. 1560-05 § 1, 2005).
2.90.050 Compost procurement.
A. Definitions. For the purposes of this section, the definitions set forth in RCW 43.19A.010 as now or hereafter amended shall apply, unless the context clearly requires otherwise.
B. When planning city-funded projects or soliciting and reviewing bids for such projects, city departments shall consider whether compost products can be utilized in the project. If compost products can be utilized in the project, they must be utilized for the project.
C. City departments shall plan for the use of compost in the following categories that are applicable to their operations and project types:
1. Landscaping projects;
2. Construction and postconstruction soil amendments;
3. Applications to prevent erosion, filter stormwater runoff, promote vegetation growth, or improve the stability and longevity of roadways; and
4. Low-impact development and green infrastructure to filter pollutants or keep water on site, or both.
D. Notwithstanding subsections (B) and (C) of this section, city departments are not required to utilize compost products if:
1. Compost products are not available within a reasonable period of time;
2. Compost products that are available do not comply with existing purchasing standards;
3. Compost products that are available do not comply with federal or state health, quality, and safety standards; and
4. Compost purchase prices are not reasonable or competitive.
E. The city shall give priority to purchasing compost products from companies that produce compost products locally, are certified by a nationally recognized organization, and produce compost products that are derived from municipal solid waste compost programs and meet quality standards comparable to standards adopted by the Department of Transportation or adopted by rule by the Department of Ecology.
F. Reporting. By December 31, 2024, and each December 31st of even-numbered years thereafter, the public works department shall submit a report covering the previous year’s compost procurement activities to the Department of Ecology that contains the following information:
1. The total tons of organic material diverted throughout the year (if applicable);
2. The volume and cost of compost purchased throughout the year; and
3. The source or sources of the compost purchased. (Ord. 2095 § 1, 2023).