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HomeMy WebLinkAbout3435• • ORDINANCE NO. 3'+ 3 5 AN ORDINANCE of the City of Port Angeles, Washington, revising Chapter 3.05, of the Port Angeles Municipal Code relating to Purchasing Policies and Procedures. THE CITY COUNCIL OF THE CITY OF PORT ANGELES DO HEREBY ORDAIN AS FOLLOWS: Section 1. Ordinance 2628, as amended, and Chapter 3.05 of the Port Angeles Municipal Code relating to Purchasing Policies and Procedures are hereby amended to read as follows: I. Section 3.05.085 is amended to read as follows: 3.05.085 Small Works Rosters. The following small works roster procedures are established for use by the City pursuant to RCW 39.04.155: 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 Two Three Hundred Thousand Dollars ($2300,000.00), 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 procedure 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. Publication. 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 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. Telephone or Written Quotations. The City shall 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 and to award contracts to a contractor who meets the mandatory bidder responsibility criteria in Section 3.05.050 of this Chapter. -1- • • 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. "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. If the estimated cost of the work is from one hundred fifty thousand dollars ($1500,000) to two three hundred thousand dollars ($3200,000), the City may choose to solicit bids from less than all appropriate contractors on the appropriate small works roster but must 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 email. 3. 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. Limited Public Works Process. If a work, construction, alteration, repair, or improvement project is estimated to cost less than thirty-five thousand dollars ($35,000), the City may award such a contract using the limited public works process provided under RCW 39.04.155(3). For a 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 39.04.010. 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, -2- • • 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 24 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. E. Award. All of the telephone bids or quotations shall be collected and presented at the same time to the Council for consideration, determination of the lowest responsible bidder, and award of the contract. II. Section 3.05.110 is amended to read as follows: 3.05.110 - Change Orders on Construction Contracts and Amendments to Professional Service Agreements. A. In accordance with the terms and conditions of this section, the City Manager and the Di tcctor of Pub1 c WvikJ Q11d Utilities the respective Department Head are hereby authorized to approve and sign LuilAi action contact change orders on construction contracts, and amendments to professional services agreements, if the change order or the amendment does not substantially change the scope of the project, and if the total contract amount as adjusted bythe is within the amount budgeted for the project, and the change order or amendment meets the criteria stated below. B. If the total amount of the a change orders for piuj tA,t a construction contract or an amendment to a professional services agreement is $5,000 or less, the Director of Pc b1 .. W.,il.J may app ge orders. the respective Department Head may approve the change orders or the amendment for professional services agreements. C. If the amount of the a construction contract change order is between $5,000 and $100,000, or a professional services agreement amendment is between $5,000 and $25,000 it must also be approved and signed by the City Manager. D. Change orders and amendments may be approved as provided in this section subject to the following limitations: 1. Tl,e total of all change- utdtrs ft,r a p it For a construction contract or a professional services agreement with an original cost costing less than $100,000, the total of all change orders or amendments shall not exceed $15,000. 2. The total of all charge orders fog a t„vj�.,t LAM ing For a construction contract with an original cost of $100,000 or more, change orders, in total, may be issued for 15% of the original contract amount, not-terexceed or$100,000, whichever is less. For a professional -3- • • services agreement with an original not -to- exceed cost of $25,000 or more, change orders, in total, may be issued for 15% of the original amount, or $25,000, whichever is less. E. If the amount of the change order is in excess of the City Manager's authority, it must be approved by the City Council. F. When approval occurs by the City Manager or Diiectoi of I'abhc WUl J aiid Utiliti�b respective Department Head for apply v‘,3 change orders, or professional services agreement amendments, according to the conditions stated in above , he they shall forty id notify the City Council of the change order or amendment in the next bi- monthly contract status report submitted to City Council. to tl,., City Cuun.,il f.,� its inf mina tlull r. (O1 d 32 06) Section 2 - Corrections /Indexing. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. The Codifiers is authorized to prepare a table of contents and to update the PAMC indexes as appropriate to account for this Ordinance. Section 3 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 4 - Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect Sept ember16,2011. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 6 t h day of ikaiggiffit, 2011. Sepf-em be,.- DA DI GUILIO, MAYOR -4- • • ATTEST: APP OVED AS TO FO Jan Hurd, City Clerk PUBLISHED: September 1 1 2011 By Summary William E. Bloor, City Attorney G \LEGAL \a ORDINANCES &RESOLUTIONS \ORDINANCES 2011 \17 - PAMC 3 05 PurchasmgPoltctes &Procedures wpd August 29, 2011 -5- • Summaries of Ordinances Adopted by the Port Angeles City Council On September 6, 2011 Ordinance No. 3434 This Ordinance of the City of Port Angeles, Washington, authorizes the issuance of an electric revenue refunding bond of the City in the principal amount of $1,662,056.10 to finance the cost of refunding certain outstanding electric revenue bonds of the City; establishes the date, form, terms, maturities and covenants of the bond; and approves the sale of the bond. Ordinance No. 3435 This Ordinance of the City of Port Angeles, Washington revises Chapter 3.05, of the Port Angeles Municipal Code relating to Purchasing Policies and Procedures. The full texts of the Ordinances are available at City Hall in the City Clerk's office, on the City's website at www.cityofpa.us, or will be mailed upon request. Office hours are Monday through Thursday, 8:30 a.m. to 4:00 p.m., and Friday 8:30 a.m. to 12:30 p.m. These Ordinances shall take effect five days following the date of publication by summary. Publish: September 11, 2011 • Janessa Hurd City Clerk