HomeMy WebLinkAbout3603 ORDINANCE A1C). �
AN ORDINANCE of the City of Port Angeles, Washington, creating a new
Chapter 3.05 Purchasing Policies and. Procedures of the Port j
Angeles Municipal Code providing procedures to be followed in
approving purchase orders and signing checks.
WHEREAS, the City wishes to establish and incorporate a new chapter to add
purchasing policies and procedures into the Port Angeles Municipal Code;.
NOW, THEREFORE, THE CITY COUNCIL OF PORT ANGELES,
WASHINGTON, DO ORDAIN AS FOLLOWS:
µ i 1. A new Chapter 3.05, Purchasing; Policies and Procedures is hereby
added to Title 3 to read as hallows:
PURCHASING POLIC"HES AND PROCEDURES
Sections:
3.05M0 Lowest Responsible Bidder.
105.020 Small Purchase Contracts.
3. 5.030 Small 'works Roster.
3.05.040 Limited Public Works Process.
3.05,050 Public Insvection of Purchase Small "works Roster, or Limited Public
Works Awards.
3.05.060 Consultin ,Services- Rosters.
3.05.070 Authority to Enter into Contracts. Leases, Rental Agreements, or
3.05. 10 _ Lowest RgTop ible idd r When the C i receives bids or quotes and it is
necessary to determine the lowest responsible bidder, the following shallapply:
A. For a contract for purchase of supplies, material or Nuipment the City ma
take into consideration the quality of the articles prosed to be supplied, their conformity
with the s eciftcations the a ries tiar which re aired and the times of delivery.
` B. Whenever there is reason to believe that the lowest acceptable bid is not the
best rice obtainable all bids ma be re°ected and new bids ma be olatained or direct
neotiations ma be entered into to achieve the best ossible rice.
i
f
C. In determining "lowest responsible bidder", in addition to price, the following.
elements shall be given consideration:
1. the ability, capacity, and skill of the bidder to perform the
contract;
2. the character, integrity,reputation, judgment, experience, and.
efficiency of the bidder;
3. whether the bidder can perform the contract within the time
specified,
4. the quality of performance of previous contracts;
5. the previous and existing compliance by the bidder with laws
relating,to the contract;
6. such other information as may be secured having a bearing on
the decision to award the contract;
7. 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
impposition of taxes a on 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;
8. whether the products are made from recycled materials or may
be recycled or reused.
D. Immediately after the award is made the bid quotations obtained shall be
recorded open to ppblic inspection, and available by written tel honk or electronic re nest.
...............
f
3.05.020 - Small Purchase Contracts.
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 dis ensed with if
the uniform procedure provided in RCW 39.04.190 and in this section 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 that desires to award contracts for the purchase of
supplies,material or equipment pursuant to this process shall do the following:
-2-
i
I. Obtain at least three written or telephone quotations from different
vendors of the supplies material or equipment to be purchased.
i
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 section 050 of this Cha ter..
3. If less than three quotes are obtainable due to factors beyond the
control of the dqpartment,the recommendation to the City Manager or designee shall be
accompanied by an explanation of the reasons for the lower number of quotes.
3.05.030 Small Works Roster.
A. In lieu of the formal bidding procedures for public works proiects as set forth
in RCW 35.23.352(l), the Cily may use the small works roster process provided in RC
39.04.155 and in this section to award public works contracts with an estimated value of
$300.000 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 once 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 soliciting the names of contractors for such roster or rosters. In addition
responsible contractors shall be added to an 4ppropriate roster or rosters at any time the
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 gppTQLnate category of
work, to assure that a competitive price is established and to award contracts to the lowest
responsible bidder as defined in section 010 of this Cha ter.
2. As an alternativequotations maybe invited from at least five
contractors on the appropnate small works roster in a manner that will qguitably distribute the
Qp,portunity among the contractors on the qppropriate roster and that will not favor certain
contractors over others.
-3-
3. If the estimated cost of the work is from $100,000 to $200,000 and the
City department chooses to solicit bids from less than all of the 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. Invitations for quotations shall include an estimate of the scope and
nature of the work to be pglLorrned as well as materials and qquipment to be furnished.
5. Immediately after an award is made, the bid quotations obtained shall
be recorded, gpen to public inspection, and available by written,telMhonic, or electronic
request.
D. The City has contracted with and hereby is authorize to use the Municipal
Research Services Center of Washington(MRSC) for the City use of state wide electronic
databases for small works rosters and consulting services as developed and maintained b
MRSC. In addition, pgper or electronic rosters may be k on file by gppLopnate Ci
Departments.
3.05.040 - Limited Public Works Process.
A. In lieu of the small works roster process set forth in Section 030 of this
Cha ter the City may award a contract for work, construction, alteration,rgpair, o
improvement project estimated to cost less than $35,000 using the limited public works
process provided in RCW 39.04.155 and in this Section,
B. For limited public works projects, the City shall 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 43.19.1911
and in Section 050 of this ChUter. 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
p jects equitably among contractors willing to perform in the City.
D. For limited public works projects, the City may waive the payment and
performance bond re uirements of Cha ter 39.08 RCW and the retains 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.
-4-
3.05.050 - Public InsDection of Purchase, Small Works Roster, or Limited Public
Works Awards.
A. Each department that makes an award for a purchase contract under the
informal biddinp-vrocess in Section 070 of this Chanter ora vublic works project award under
the small works roster r)rocess in Section 080 of this Cha ter or the limited public works
process in Section 090 of this Chapter shall provide the City Clerk with the name of the
contractor or vendor awarded the contract, the amount of the contract, a brief descLiption of
the type of work performed or item urchased under the contract grad the date it was
awarded.
B. The City Clerk shall post a list of the contracts awarded under Section 070 of
this Cha ter at least once ever v two months. 'The Cit v Clerk shall make available a list of the
contracts awarded under Section 080 of this Chapter at least once evgy veg. The City Clerk
shall make available a list,of the contracts awarded under Section 090 of this ChMter, which
list shall include all contracts awarded durina the vrevious 24 months under the limited publi
works mocess. The lists shall contain the name of the contractor or vendor awarded the
contract, the amount of the_o antr4
SL a brief description of the type of work Performed or
items nurcteased 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, tel honk or electronic Muest.
3.0 .060 Consulting-Services Rosters.
A. Consulting services. Consulting services are professional services that have a
pdmarily intellectual output or Product and include architectural and g1gineering services as
defined in RCGP" 39.80.020.
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
consultin services roaster or rosters and solicit statements of qualifications from firms
providing consulting services. Such advertisements will include information on how to find
the address and te1cphone number of a representative of the City who can provide further
details as to the Cit v's projects needs, for consulting services. Finns or persons pLoviding
consulting services shall be added to 4ppmnate MRSC roster or rosters at any time that the
submit a written re east and necessar rewards, The City may require master contracts to be
sigged that become effective when a sMcific award is made using,a consulting services roster_
C. Professional architectural and engineering services. The MRSC Rosters will
distinguish between vrofessional architectural and engineering services as defined in RCW
39.80.020 and other co .;ulting services and will announce...,generally.,to the public the City's
Projected re uirements for any category or type of professional or other consulting services.
The City reserves the right to publish an announcement on each occasion when professional
services or other consulting services are re uired by the aeric and to use paMr and/or other
electronic rosters that may be k on file by 4ppropnate Citdepartments.
y
-5-
i
I
3.05.0 70 Authority to anter into Contracts, Leases, Rental Agreements,
Amendments, or Change Orders.
A. The City Manager or designee is hereby authorized to enter into contracts
and leases or rental agreements provided that the fallowing conditions are met:
1. The contract does not obligate the City to expend in excess of$25,00
2. The particular expenditure of City funds has been approved in the
City Budget as approved by the City Council.
3. The lease or rental agreement is for a period that does not exceed
one year and involve a total rental amount or value that does not exceed $25,000.
. The City Manager or designee shall notify the Council in writing
of contracts entered into pursuant to this section.
B. The City Manager or designee is hereby authorized to enter into contract change
orders or amendments provided the value of the change order or amendment, together with
all previous change orders or amendments, is 1.5% of the original contract amount or
$25,000, whichever is greater.
Section 2 - Severability. if any provisions of this Ordinance or its applications to
any person or circumstances is held to be invalid, the remainder of the Ordinance or
application of the provisions of the Ordinance to other persons or circumstances is not
affected.
Section 3 - Corrections. 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.
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 five (5) days after passage and publication of an approved
summary thereof consisting of the title.
-6-
f
i
PASSED by the City Council of the City of Port Angeles at a regular meeting of
said Council held can the 6 day of March, 2018.
�__.. .._._ Sissi Bruch, Mayor
cn'nnife eneklasen, City Clerk William E. B oor, t ity Attorney
PUBLISHED: � . `�.�"�.. � ,211
By Summary
-7-
i
Summary of Ordinance adopted by the Port Angeles City Council on March 6, 2018
ORDINANCE NO. 3603
AN ORDINANCE of the City of Port Angeles, Washington, creating a new Chapter 3.05
Purchasing Policies and Procedures of the Port Angeles Municipal Code providing procedures to
be followed in approving purchase orders and signing checks.
This ordinance is not subject to referendum and shall take effect five days after passage and
publication of summary.
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
Friday 8:00 a.m. to 5:00 p.m.
Jennifer Veneklasen
City Clerk
Published by summary: March 14, 2018.