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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.