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HomeMy WebLinkAbout95-093Resolution No. 95- ~ ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND ESTABLISHING A SMALL WORKS ROSTER PROCESS TO AWARD PUBLIC WORKS AND OTHER CITY DEPARTMENTS CONTRACTS AND A VENDORS LIST PROCESS FOR THE PURCHASE OF SUPPLIES, MATERIALS, AND/OR EQUIPMENT The City Council of the City of Port Townsend, Washington, does resolve as follows: WHEREAS, the Washington State Legislature has recently amended the laws regarding purchasing of supplies, materials, and/or equipment and contracting for public works by municipalities, which laws allow certain purchases to be awarded via a vendors list process and certain contracts to be awarded by a small works roster process; and WHEREAS, in order to be able to implement the vendors list and small works roster processes, the City Council is required by law to adopt a resolution establishing specific procedures; and WHEREAS, the existing procedures established by Resolution No. 81-12, entitled "A RESOLUTION AUTHORIZING THE MAYOR TO DISPENSE WITH ADVERTISEMENT AND COMPETITIVE BIDDING WITHIN CERTAIN LIMITS AND ESTABLISHING PROCEDURE FOR SECURING QUOTATIONS," passed June 2, 1981; Resolution No. 88- 23, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND ESTABLISHING A PURCHASING POLICY FOR PURCHASES BETWEEN $7,500 AND $15,000," passed March 1, 1988; and Ordinance No. 2279, entitled "AN ORDINANCE ESTABLISHING A SMALL WORKS ROSTER PURSUANT TO RCW 35.23.352(6) AND ESTABLISHING AN EFFECTIVE DATE," adopted December 17, 1991, contain outdated provisions; and WHEREAS, the City Council desires to establish a process contained in one resolution which reflects existing law, NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Port Townsend as follows: I. PURCHASE OF MATERIALS, SUPPLIES, AND/OR EQUIPMENT. The follOwing vendors list procedures are established for use by the City, pursuant to RCW Chapters 35.23.352 and 39.04 for the purchase of materials, supplies and/or equipment.. A. Cost. 1. Estimated cost under $7,500. The City is not required to use formal sealed bidding procedures or the procedures set forth in this Resolution, to purchase supplies, materials, and/or equipment where the cost of same will be under $7,500~ Department Heads, at their discretion, may authorize purchases or expenditures up to $7,500 without the approval of the Mayor. 2. Estimated cost between $7,500 and $15,000. When the City desires to purchase materials, supplies or equipment estimated to cost from $7,500 to $15,000, the City may use a vendors list in lieu of formal sealed bids according to the procedures contained in subsections A through E herein. 3. Estimated cost above $15,000. The City shall advertise and request sealed proposals for all materials, supplies, and/or equipment estimated to cost over $15,000. B. Publication of Notice. The City shall publish notice of the existence of the vendors list for materials, supplies, and/or equipment at least twice per year in the City's official newspaper, and shall solicit names of vendors for the list. The advertisement shall not contain a closing date but shall be an open solicitation. C. Telephone quotations The City shall follow the following process to obtain telephone quotes from vendors for the purchase of materials, supplies and/or equipment: 1. Telephone or written requests for quotations shall specify, as applicable, at a minimum the following: (1) item(s) to be purchased (2) number of units (3) quality and type desired (4) tax (5) delivery time requirements (6) freight costs (7) point of delivery (8) terms of payment (9) any other significant requirements 2. Whenever possible, not less than three prospective vendors from the list shall be contacted' by telephone or by letter and advised as to the specifications for the item or items for which quotations are being sought. The number of vendors contacted may be reduced if the item or items being sought are only available from a smaller list of vendors, provided the list is supplemented at least once each year, An explanation shall be placed in the procurement file when fewer than three bids are requested, or if fewer than three replies. Bid specifications should, whenever possible, be drafted to permit at least three vendors to qualify as prospective bidders. 3. Whenever possible, bids will be solicited on a lump-sum or fixed-unit price basis. 4. At the time such telephone quotes are solicited, 'the City representative shall not inform a vendor of any other vendor's bid on the materials, supplies or equipment. 5. A written record shall be made by the City representative of each vendor's bid and shall include at a minimum, the information described in Section C, paragraph 1 above. 6. All of the telephone bids or quotes shall be collected and presented at the same time to the Department Head, or his or her designee, for consideration, determination of the lowest responsive responsible bidder, and recommendation of award of the contract to the Council. D. Determining Lowest Responsive Responsible Bidder. The City shall purchase supplies, materials, and/or equipment from the lowest responsive responsible bidder, provided that the City reserves its right under applicable law to reject any or all bids and call for new bids. The City also reserves the right to waive procedural irregularities. The following factors, in addition to price, may be taken into account by the Department Head, or his or her designee, in determining the lowest responsive responsible bidder: 1. Any preferences provided by law to Washington products and vendors; 2. The quality of the supplies, materials, and/or equipment to be purchased; 3. The conformity of the supplies, materials, and/or equipment to the City's specifications; 4. The purposes for which the supplies, materials, and/or equipment are required; 5. The times for delivery of the supplies, materials, and/or equipment; 6. The character, integrity, reputation, judgment, experience, and efficiency of the bidder; and 7. Such other information as may have a bearing on the decision to purchase the supplies, materials, and/or equipment. 3 E. Award. Immediately after the contract award is made, the written record 'of each vendor's bids or quotes shall be open to public inspection and available to the public by telephone inquiry. Any contract awarded under this Section I need not be advertised. F. Posting. At least once every two months, a list of all contracts awarded under the above procedures must be posted at City Hall on the bulletin board in the main floor hallway, located at 540 Water Street, Port Townsend, WA 98368. The list shall contain the name of the vendor awarded the contract, the amount of the contract, a brief description of the items .purchased under the contract, and the date it was awarded. The list shall also state the location where the bid quotations are available for public inspection. II. SMALL WORKS ROSTER PROCESS FOR PUBLIC WORKS CONTRACTS. The following small works roster procedures are established for use by the City, pursuant to RCW 35.23.352, for the award of certain public works contracts. A__~. Contracts Under $20,000 or $30,000. 1. The City may construct any public works, as defined in RCW 39.04.010, by contract or day labor without calling for formal sealed bids whenever the estimated cost of the work or improveme, nt, including cost of supplies, materials, and/or equipment will not exceed the sum of $30,000 if more than one craft or trade is involved with the public works, or $20,000 if a single craft or trade is involved with the public works or the public works project is street signalization or street lighting. A public works project means a complete project. The restrictions in this subsection do not permit the division of the project into units of work or classes of work to avoid the restriction on work that may be performed by day labor on a single project. 2. With the approval of the Mayor, the Public Works Director may negotiate a public works contract within these limits. 3. The City shall prepare the form required by RCW 43.09.205 to account and record the cost of all public works in excess of $5,000 and not let by contract. B. Contracts from $20,000/$30,000 to $100,000. Whenever the estimated cost of the public work or improvement, including supplies, materials, and/or equipment will exceed these figures, but is under $100,000, the City may use the small works roster provisions set forth in this Section II as an alternative to general competitive bidding requirements. C. Number of Rosters. The City may create a single general small works roster, or may create a small works roster for different categories of anticipated work. D. Contractors on Small Works Roster{s). In order to be included on the roster, the contractor shall supply information as follows in response to a standard form questionnaire developed at the direction of the Public Works Director: 1. The contractor's state license or registration, where required by law; 2. The contractor's financial standing and banking references; o The contractor's experienCe, organization, and technical qualifications necessary to perform proposed contracts (including areas of specialty); The contractor's ability to comply with the required performance schedules taking into consideration its existing business commitments; o The contractor's satisfactory record of performance, integrity, judgment, and skills; o The contractor's ready availability to perform work in and for the City of Port Townsend; and Such other information as may be secured concerning the contractor's ability to satisfactorily perform a contract with the City of Port Townsend. The City shall add to the roster those contractors who respond to the advertisement in compliance with this section and request to be included on the roster. E. Publication. At least twice every year, the City shall publish a notice in the City's official newspaper, stating the existence of the small works roster(s) and shall solicit names of contractors for the roster(s). F. Small Works Roster Request for Proposal. The City shall obtain telephone or written quotes for public works contracts under this section as follows: The Request for Proposal shall specify if oral or written responses are required. Written proposals, with accompanying signed Proposal form, Bid Bond, and a Performance and Payment Bond, etc., shall be normally required. For specified qualifying projects, telephone proposals may be utilized. The City shall write a description of the scope and nature of the work to be done, together with any other specifications materials to the proposal. o o o A City representative shall contact at least five, if possible, appropriate contractors from the small works roster(s), and shall include at least one qualified minority or woman contractor, if on the roster, and invite them to submit a proposal on the subject project. At the time the proposals are solicited, the City representative shall not inform the contractors of the terms or amount of any other contractor's proposal for the same project. Once a contractor has been afforded an opportunity to submit a proposal, that contractor shall not be offered another opportunity until all other appropriate contractors on the roster have been given an opportunity to submit a proposal. A written record shall be made by the City representative of each contractor's proposal on the project, and of any conditions imposed on the proposal. All of the proposals shall be presented to the Public Works Director, or his or her designee, for consideration, determination of the lowest responsive responsible bidder, and recommendation of award of the contract to the City Council. G. Determining Lowest Responsive Responsible Bidder. The City Council shall award the contract for the public works project to the lowest responsive responsible bidder, provided that the City reserves its right under applicable law to reject any and all bids and call for new bids. The City also reserves the right to waive procedural irregularities. In addition to price, the Public Works Director, or his or her designee, shall take i~3to account, as applicable, all of the factors described in Section I(D) of this Resolution, together with the following: 1. The ability, capacity and skill of the bidder to perform the contract; o Whether the bidder can perform the contract within the time specified by the City; 3. The quality of the bidder's performance of previous contracts or services; The previous and existing compliance by the bidder with laws relating to the contract or services. H. Award. Immediately after the contract award is made, the written record of each contractor's bids or quotes shall be open to public inspection and available to the public by telephone inquiry. Any contract awarded under this subsection need not be advertised. I. Posting. At least once every two months, a list of all contracts awarded under the above procedures must be posted at City Hall on the bulletin board in the main floor hallway, located at 540 Water Street, Port Townsend, WA 98368. The list shall contain the name of the contractor awarded the contract, the amount of the contract, a brief description of the items purchased under the contract, and the date it was awarded. The list shall also state the location where the bid quotations are available for public inspection. HI. REPEAL OF PRIOR RESOLUTIONS. Resolutions No. 81-12 and No. 88-23 are hereby repealed. ADOPTED by the City Council of thud signed by the Mayor on this 7th day of August, 1995. _  m. Cl~s~ Mayor M~chael Hildt, ~ting City Clerk ff'~cr~otI ~ahan, ey 07/20/95 CA§Res\Vendor.doc}