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HomeMy WebLinkAbout3106 Amending PTMC Chapter 3.46 Relating to Purchasing and Contracting Ordinance 3106 Ordinance 3106 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING PTMC CHAPTER 3.46 RELATING TO PURCHASING AND CONTRACTING RECITAL: The City Council determines it appropriate to modify PTMC Chapter 3,46 to reflect a change in state law on limits below which formal bidding is not required, and to reflect some other state law changes, as set forth in Exhibits A and B. The notes in Exhibits A and B are for explanation and do not become part of the Ordinance. NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: Section 1. PTMC 3.46.050, .080 and .110 of PTMC Chapter 3,46 are amended to read as follow(strike is deleted, underline is new) See Exhibits A and B, attached and incorporated by reference. Section 2. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances, is not affected. Section 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. Section 4. Effective Date. This Ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof,held this 19th day of May,�014, f David King, Mayor Attest: Approved as to Form: Pamela Kolacy, MMC, City Clerk,/" John P. Watts, City Attorney Ordinance 3106 Exhibit A Page I of 3 EXHIBIT A PTMC 3.46 Formal Bidding 3.46.050 Formal bidding. Formal bidding shall be used whenever a public works project exceeds the sum p,�pvided_by§tPte, 1,caw, including f3QV J 35.23 352 including any amendments „sf-$30,GG04f-4nop---than-one-sraf-or t-raadde-is-invoEved-with-the-public--worms;--or-$2- ,A00-Ef-a-&ingle-Graft-ar--trade--is-in-volved--with-the pu iG-werks-or-�f-th&-pudl iG-wer"rajeGt-is-s#eet-signalization--or-street-lighting_provided, however, formal bidding shall not be required for alternative conaracting processes small works rusfer projects as provided for in subsectiop C-of this section. Bid packets shall be prepared for all formal bids, and shall include an invitation to bid notice, instructions to bidders, general conditions, special bid conditions (if any), terms and conditions, and a bid proposal form indicating the type of response desired from a bidder. A. For all public works which require formal public bidding, the city manager shall follow the requirements set forth in this chapter. B. Purchases of Material or Equipment Between $7,500 and $15,000. Material or equipment, the cost of which is between $7,500 and $15,000, may be procured through telephone and/or written quotations or bids on forms prescribed by the city manager. Where possible, three quotations shall be sufficient to determine a competitive price for any such purchase except for items which, for a practical matter, can only be obtained from a single source. Said purchases shall be awarded to the lowest responsive, responsible bidder. C. Small Works Roster. 1. The city manager may establish a small works roster, in accordance with the requirements set forth in RCW 35.22.620 and adopted administrative policies and procedures, for contracts within the dollar amounts set forth in RCW 39.04.155 and as hereafter amended. 2. At least once each year, the city manager shall publish in the official newspaper a notice of existence of the small works roster, soliciting the names of contractors for inclusion in the roster. The published notice shall identify all small works projects approved in the adopted capital improvement program which are likely to be scheduled for bid awards off the small works roster during the next 12-month period. The application and opportunity of contractors to be added to the small works roster shall remain open continuously without regard to the date the notice is published. Ordinance 3106 Exhibit A Page 2 of 3 3. The city manager shall adopt administrative procedures for securing telephone or written quotations from the contractors on the small works roster, to assure that a competitive price is established and to award contracts to the lowest responsive, responsible bidder. The administrative procedures shall require that wherever possible, at least five contractors shall be invited to submit bids, and that 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 have been afforded an opportunity to submit a proposal on a contract. (Ord. 2715 §2, 2000). �) 1..irr�iteci {�uk�lic 1�Ir�rlts �rca�cs�: The_city rna ag r may utili he limited small workspmoess._in accordance_ n '=ne re .air rn r f. et forth in RDlal 39._J� { ) ar _ad? Ud ad_ ir tr lvW policies is and procedures,,for contracts within the dollar amounts set,forth in RCV\J 39.0 .155(:`3).and as hereafter amended._ 3.46.080 Competitive bidding procedures. The city manager shall call for competitive bids where required. A. Publication of Notice. 1. As provided in RCW 35.23.352(1), public works contracts shall be bid upon posting notice calling for sealed bids upon the work. 2. Such notice thereof shall be posted in a public place by the city clerk and by publication in the official newspaper of the city at least 13 days before the date fixed for opening the bids. The notice shall generally state the nature of the work to be done, that plans and specifications therefore shall then be on file in the city, and that bids be sealed and filed with the city within the time specified therein. B. Rejection of Bids. The city manager may reject without cause all bids and may re-advertise for bids pursuant to the procedures herein described. If no responsive bids are received, the city manager, with approval of the city council, may negotiate the purchase with a vendor at the lowest cost possible to the city. C. Performance Bonds. A performance bond or other sfac urii1 _shall be required on all public works construction projects in accordance with RCW 39.08.010 and hereafter amended. D. Bid Bonds. 1. The city manager shall require as a condition of bidding a bid bond or a cashier's check in lieu thereof in the amount of five percent of the amount bid. Such bid bond shall be required on all formally bid public works construction projects. Ordinance 3106 Exhibit A Page 3 of 3 2. When the contract is let, all bid bonds shall be returned to the bidders except that of the successful bidder which shall be retained until a contract is entered into and a bond to perform the work furnished as provided above. If the successful bidder fails to enter into the contract in accordance with the bid and furnish such bond within 10 days from the date at which the bidder is notified of bid award, the bid bond shall be forfeited. E. Award of Bid. Except as otherwise provided herein, the city shall accept the bid of the lowest responsive, responsible bidder, and subject to su.pplemen'ta1._bidder re.sponsibiliiy authorized in F;CVvJ 393 04.350 includinq,any amendments which the city makes part of the bidding documents. "Respgnsible" includes criteria estadiisned in R V 39.0 350,_includincl �ny_�rn�ndrnents..11 F. Award to Other Than Low Bidder. When the bid award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the city manager and filed with the other papers relating to the transaction. (Ord. 2715 § 2, 2000). Ordinance 3106 Exhibit B Page I of 2 EXHIBIT B PTMC 3.46—Recommended Changes (May 2,2014). PTMC 3,46.110 Authorization. A. Where city_ o . � r1 rcv fed ess a , approval to enter into and execute_contracts,,Tthe city council authorizes the city manager, or manager's designee, to enter into and execute on behalf of the city the following contracts without individual approval of each contract by the city council, so long as the contract is consistent with the approved annual budget for the city, and the city's liability under the contract does not exceed the available fund balance: 1. Contracts for purchase of goods, supplies, materials, postage or equipment involving a cost or fee of less than $30,000. However, these types of contracts which specifically implement the annual budget may exceed $30,000; provided, that such contracts result directly from the aggregation of approved budgetary programs and services for the current year. 2. Professional services contracts, including contracts for architectural, engineering, legal, and consulting services involving a cost or fee of less than $10,000. Provided.;_ 1-he City Manager rnay ex cute contacts up to$25,000 if the contract is rime sensitive- ar±d delay an bri_nginq the matter before Council would cost the time and money, 3. Maintenance contracts involving a cost or fee of less than $10,000 per year, 4. Public works projects involving a cost or fee of less than $35,000, involving multiple trades, and $20,000 involving a single trade. These amounts are the amounts provided n ;���.VNJ 35.23 352 (amounts below�z hi n a -ii;A is not required to call or for-nal bids)._ I me-�amounts n RC VV _ � _ noes �� 5 3 52-ar°' arfl.+%ridedi the .rTic,�,nts-,n thiS SeGt'or,q,,p correspondingly-_,arne ded. ✓ _ 3 v Provided- Ithe City Manager may execute contacts up to $65,000 it vowing rmllt»le.tr_ades and $20,000 involving a_single trade if the contract is time-sensitive and delay ,n btinglng_the matter before C.g.uncil u+-ou.10__co Al the C itv ji,rnel and money, 5. The city manager shall be authorized to approve change orders in a cumulative total amount not to exceed 10 percent of the contract award, including tax; provided, that the total cost remains within the budget authorization. 6. Lease agreements for materials, supplies, and equipment where the expenditure or fee does not exceed $10,000 per year. Provide& 1-he City Ma_na er_may execute_contacts up to 25,000 it the_contract is tirfae sensitive and delay in bringing the rnatter heforu Council Mould cost the City tim _end Moony._ 7. Emergency contracts. Ordinance 3106 Exhibit B Page 2 of 2 !fig eernents which are identified,in_a.,separate schedule_as part cif the_a pro___y p d budc� et.. 9. Settlement agreements_involving a cost or fee of less than $10,_000 and that_do not involve claims a0_ainst an elected official, and agreements relating to ern_ployment_and erson_ el rnatte.rs involving a_cost or fee of less than $10,000junless otherwise provided b _gtgtute_or ordinance, for example,_salaries_and compensation are subject to City Couricil approval). for_example -the City Manacler who has_adrniniSt ary authori�y Q6✓er ernoloyec ,_may priteri todiscirplinary or se+rerance agreements_ r3volviriq_a cost or fee of- less than $10 000:. w _ 10._contracts which carry raut_ r_±rf�pie nent_a_provision of_the,Port.�Townsend �ll_unicipal_Code or established city pglicy, f r_exarr ple, maintenance or_pierformance bon-d§­for-plat_irnprovements. 1', _Contracts cr_eating.n fiinancial !ia};ili y .? h- e part o-f t'ne city that ar _r`or thesole purpose of becoming,eligibie_to receive revenues. 12._Contracts that are for the sole ouroose._of housekeeping changes or clarifications to an existing. contract where such changes do not alter any material term or condition. B. All interlocal agreements shall be presented to the city council for prior approval except for interlocal agreements that create no direct liability or expense to the city, for example, interlocal purchasing agreements. (Ord. 2715 § 2, 2000).