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HomeMy WebLinkAbout01-02 RESOLUTION NO. 1-02 A RESOLUTION of the City Council of the City of Port Angeles, Washington, revising the procedures for use of informal bidding and small works rosters to allow for a limited public works process as authorized by a recent change in state law and repealing Resolution lO- 00. WHEREAS, the City Council previously adopted Resolution 10-00, which provides for informal bidding and use of small works rosters in circumstances allowed by state law; and WHEREAS, Senate Bi115063, authorizing a limited public works process, was adopted by the Washington State Legislature and took effect July 22,2001; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Port Angeles as follows: Section 1 - Informal Bidding. A. Whenever the reasonably anticipated purchase price of supplies, material and equipment, except for public work or improvement, is more than $7,500 but less than $15,000, advertisement and formal sealed bidding for their purchase may be dispensed with if the uniform procedure provided in RCW 39.04.190 and in this resolution is followed: B. At least twice per year, the City Clerk shall publish in a newspaper of general circulation within the City a notice stating the existence of vendor lists and soliciting the names of vendors for the lists. C. Each City department which desires to award contracts for the purchase of supplies, material or equipment pursuant to this resolution shall do the following: (1) Obtain at least three written or telephone quotations from different vendors of the supplies, material or equipment to be purchased. -1- rr -----...-..----..- T (2) Transmit the quotes to the City Manager or designee, accompanied by a recommendation for award of the purchase contract to one of the vendors, who shall be the lowest responsible bidder as defined in RCW 43.19.1911 and in subsection 1 D of this resolution. (3) Ifless than three quotes are obtainable due to factors beyond the control of the department, the recommendation to the City Manager or designee shall be accompanied by an explanation of the reasons for the lower number of quotes. D. The City Manager or designee shall review the quotations and the recommendation of the department and shall award the contract for purchase of supplies, material or equipment to the lowest responsible bidder, taking into consideration the quality of the articles proposed to be supplied, their conformity with the specifications, the purposes for which required, and the times of delivery. Whenever there is reason to believe that the lowest acceptable bid is not the best price obtainable, all bids may be rejected and new bids may be obtained or direct negotiations may be entered into to achieve the best possible price. (1) In determining "lowest responsible bidder", in addition to price, the following elements shall be given consideration: a. the ability, capacity, and skill ofthe bidder to perform the contract; b. the character, integrity, reputation, judgment, experience, and efficiency of the bidder; c. specified; whether the bidder can perform the contract within the time d. the quality of performance of previous contracts; e. the previous and existing compliance by the bidder with laws relating to the contract; f. such other information as may be secured having a bearing on the -2- decision to award the contract; (2) In determining "lowest responsible bidder", in addition to price and the elements set forth in subsection D(I), the following elements may be given consideration: a. tax revenue that the City would receive from purchasing the supplies, materials, or equipment from a supplier located within the City's boundaries, so that the purchase contract would be awarded to the lowest bidder after such tax revenue has been considered. The tax revenues that the City may consider include sales taxes that the City imposes upon the sale of such supplies, materials, or equipment, from the supplier to the City, provided that if the City considers such tax revenues that it would receive from the imposition of taxes upon a supplier located within its boundaries, the City shall also consider tax revenues it would receive from taxes it imposes upon a supplier located outside its boundaries; b. whether the products are made from recycled materials or may be recycled or reused. E. Immediately after the award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by written, telephonic, or electronic request. Section 2 - Small Works Roster. A. In lieu of the formal bidding procedures for public works projects as set forth in RCW 35.23.352(1), the City may use the small works roster process provided in RCW 39.04.155 and in this resolution to award public works contracts with an estimated value of $200,000 or less. B. The City may create a single general small works roster or may create small works rosters for different categories of anticipated work. The small works roster or rosters shall be created as follows: (1) At least twice a year the City Clerk shall publish in a newspaper of general circulation within the City a notice stating the existence of the small works roster or rosters and -3- soliciting the names of contractors for such roster or rosters. In addition, responsible contractors shall be added to an appropriate roster or rosters at any time they submit a written request and necessary records. (2) The small works roster or rosters shall consist of all responsible contractors who have requested to be on the list and are properly licensed or registered to perform such work in this state. C. Each City department that desires to use the small works roster process without advertising for bids shall do the following: (1) Invite written or telephone quotations from all contractors on the general small works roster, or a specific small works roster for the appropriate category of work, to assure that a competitive price is established and to award contracts to the lowest responsible bidder as defined in RCW 43.19.1911 and sub-section 1 D of this resolution. (2) As an alternative, quotations may be invited from at least five contractors on the appropriate small works roster in a manner that wi11 equitably distribute the opportunity among the contractors on the appropriate roster and that wi11 not favor certain contractors over others. (3) Ifthe estimated cost ofthe work is from $100,000 to $200,000 and the City department chooses to solicit bids from less than all ofthe appropriate contractors on the appropriate small works roster, then the City must notify the remaining contractors that quotations are being sought. At the City's sole option, such notice may be by (a) publishing notice in a legal newspaper in general circulation in the City; (b) mailing a notice to those contractors; or (c) sending notice to those contractors by facsimile or other electronic means. -4-- Tr . (4) Invitations for quotations shall include an estimate ofthe scope and nature of the work to be performed as well as materials and equipment to be furnished. (5) Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by written, telephonic, or electronic request. Section 3 - Limited Public Works Process A. In lieu of the small works roster process set forth in Section 2 of this resolution, the City may award a contract for work, construction, alteration, repair, or improvement project estimated to cost less than $35,000 using the limited public works process provided in RCW 39.04.155 and in this resolution. B. For limited public works projects, the City shall solicit electronic or written quotations from a minimum ofthree contractors from the appropriate small works roster and shall award the contract to the lowest responsible bidder as defined under RCW 43.19.1911 and in Subsection 1 D of this resolution. After an award is made, the quotations shall be open to public inspection and available by written, telephonic, or electronic request. C. The City shall attempt to distribute opportunities for limited public works projects equitably among contractors wi11ing to perform in the City. D. 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 non-payment 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. -5- IT . Section 4- Public Inspection of purchase. Small Works Roster. or Limited Public Works Awards. A. Each department that makes an award for a purchase contract under the informal bidding process in Section 1 ofthis resolution or a public works project award under the small works roster process in Section 2 ofthis resolution or the limited public works process in Section 3 ofthis resolution shall provide the City Clerk with the name of the contractor or vendor awarded the contract, the amount of the contract, a brief description of the type of work performed or items purchased under the contract, and the date it was awarded. B. The City Clerk shall post a list of the contracts awarded under Section 1 of this resolution at least once every two months. The City Clerk shall make available a list ofthe contracts awarded under Section 2 of this resolution at least one every year. The City Clerk shall make available a list of the contracts awarded under Section 3 of this resolution, which list shall include all contracts awarded during the previous 24 months under the limited public works process. The lists 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 or items purchased under the contract, and the date the contract was awarded. The lists shall also state the location where the bid quotations for these contracts are available for public inspection. The quotations shall be available by written, telephonic, or electronic request. -6-- Tr . Section 5 - Repealer. Resolution 10-00 is hereby repealed. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 15th day of January, 2002. ~/7~~~"-- ---- MAYOR ATTEST: 6o"j>~ . Llptol\. Becky J. U n, . Clerk APPROVED AS TO FORM: ~ F:\ORDINANCES&RESOLUTIONS\R2002-01.wpd -7- 'f'1 ..