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HomeMy WebLinkAbout4492 ORDINANCE ~0~°3'- AN ORDINANCE revising procedures for the procurement of materials, equipment and services by the City of Bremerton, and repealing Chapter 2.76 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Repeal/New Chapter. Chapter 2.76 of the Bremerton Municipal Code, Ordinance 4296, is hereby repealed and a new chapter 2.76, PURCHASING PROCEDURES, is adopted to read as follows: 2.76.100 PURCHASES - UNDER $10,000.00 (a) A department manager or designee, acting within their department budget appropriation, may authorize the purchase of supplies, materials and equipment, or the lease or rental of equipment costing less than $10,000.00. Projects or purchases of goods or services may not be divided into units or phases to avoid bid call requirements. (b) If the cost of a purchase is less than $10,000.00, the Purchasing Officer has the authority to determine whether the acquisition is made in the best interests of the City through the use of telephonic or facsimile quotations, sealed quotation or formal bid call. (c) In making purchases of goods and services under this chaPter, the responsible department and-Purchasing Officer shall consider those business factors normally relied upon to achieve the most satisfactory performance at the lowest cost. These shall include, but are not limited to employees costs of acquisition, expense in shipment, delay of acquisition, life cycle cost and City tax revenue which might be receivable from purchasing the supplies, materials and services within the City limits. (d) Further, in making purchases of goods and materials under this chapter, the City shall seek to maximize purchase and use of products manufactured from recycled materials or products suitable for re-use, unless such use will place an unreasonable financial burden on the City or result in undue degradation in quality or performance. 2.76.200 FORMAL BID - OVER $10,000.00 (a) The procurement of materials, supplies or equipment for which the cost of a single item or a quantity of a single item is in excess of Ten Thousand Dollars ($10,000.00) including sales transaction taxes shall be by bid call. (1) If the item(s) is approved in the current budget, the responsible department shall provide the purchasing division with technical specifications and bidding instructions. (2) If the item(s) requested is not in the current budget, a Budget Adjustment form and Capital Asset form (as necessary) must be approved by City Council. 2.76.300 PROFESSIONAL SERVICES (a) General (1) Professional Services are defined as a vocation, calling, occupation or employment requiring a license, degree, labor, skill or special knowledge wherein the labor or skill involved are predominantly mental or intellectual rather than physical. They include but are not limited to consulting on: legal, planning, architectural, engineering or instructional services. ((a)). As needed or annually, the City may advertise in a newspaper of general circulation its projected needs for Professional Services disciplines. (2) All professional services utilized by the City from $.-0- to $5,000.00 in value may be by purchase order and letter of understanding. Professional Service Agreements in excess of $5,000.00 but less than $10,000.00 require a formal contract and approval by the Mayor. Professional Services Agreements in excess of $10,000.00 require Council approval. (b) Architectural and Engineering Services (1) Pursuant to RCW 39.80.030, the City shall publish its requirements for architectural and engineering services on each occasion when services are required or annually. 2.76.400 PUBLIC WORKS CONTRACTS (a) Public Works is def'med as all work, construction, alteration, repair or improvements other than ordinary maintenance of City owned structures, infrastructure and properties executed at the cost of the City. The cost of a public work shall include all amounts paid for materials, supplies, equipment and labor on the project. The City may not divide a public works project into phases in order to avoid compliance with bidding requirements. (1) Small Works Roster. In lieu of advertised formal bids, Small Works Roster Public Works projects with an estimated cost of greater than Ten Thousand Dollars ($10,000.00) but less than One Hundred Thousand Dollars ($100,000.00) shall 3 be awarded by City Council. ((a)). As needed or annually, the City shall advertise in a newspaper of general circulation its projected needs for Small Works Projects Contractors. ((b)). Small Works Roster shall consist of all licensed contractors who have requested and are qualified to be on the roster. Proposals shall be solicited from at least five (5) contractors, if available, on the list and then at least one (1) of the invitees shall, if available, be a qualified and certified minority or woman owned contractor. Contracts resulting from proposals submitted greater than $10,000.00 shall be awarded by City Council. (2) Work By Force Account. In lieu of formal bids, Work by Force Account may be used to perform Public Works. Work by Force is the use of City employees and City owned and/or purchased materials to perform a Public Works Project, wherein the total cost of the project including labor and materials is less than $20,000.00 if a single craft is involved or $35,000.00 if multiple crafts are used. ((a)). If a single project has an estimated cost, including labor and materials in excess of $15,000.00, the City shall, at least fifteen (15) days before beginning work, publish notice describing the work and estimated cost. ((b)). Work Force Account projects when aggregated, shall not exceed ten percent (10%) of the total dollar amount of the public works construction budget period. 4 ((c)). The City shall maintain and preserve a full true and accurate account and record of all costs of executing the work as prescribed by budgeting, accounting and reporting laws. ((d)). A true copy of the account of record shall be filed by the Engineer in the office where the original plans and specifications are filed within sixty (60) days after the completion of the work. 2.76.500 AMENDMENTS AND CHANGE ORDERS (a) Amendments or change orders to contracts requiring City Council approval under this chapter may be administratively approved by the Mayor if the changes are: (1) Within the scope of the project; (2) Consistent with an initial bid process, if any; (3) Executed in writing; and (4) An increase of 20% of the contract price or $30,000.00, whichever is less. (b) The value of all change orders will be aggregated. When any single change order, or combined change orders on the same project or single purchase exceeds the value limit, the change must be approved by City Council, except in the following instance: (i). On service contracts used to accomplish an ongoing City program as opposed to completing a short term project or purchase, change order rules, including the aggregate rule, shall be applied on an annual basis. (ii). Where the size of the contract and the exhausting of change order authority make further change order authorization impractical, the City 5 Council may, upon recommendation of the Mayor, extend the aggregate limits of subsection (4) for specific contracts. 2.76.600 EXCEPTIONS TO CHAPTER REQUIREMENTS (a) The City is not required to seek competitive bids when: (1) The City contracts for professional services; Provided, however, That in contracting for architectural or engineering services, the City must comply with RCW Chapter 39.80. (2) The City contracts with other' political sub-divisions. (3) The City contracts for materials, goods and/or services in order to effectively respond to emergencies affecting public health and safety. (4) The City contracts for materials, goods or services with a person, firm or vendor who constitutes a sole or single source. (5) The City uses a Small Works Roster for public works projects as provided for in RCW 35.22.620. (6) In certain circumstances, it may be in the best interest of the City to waive bid call when goods can be obtained at a lower price than current state contract price.. (7) The Council shall determine whether the purchase, lease or rental falls within the above enumerated exceptions when the amount is over $10,000.00. Section 2. Effective Date. This ordinance shall become effective ten (10) days from passage and publication. 6 APPROVED by the City Council on the first reading this t./dd31ay of~ 1994. PASSED by the City Council of the City of Bremerton this~gday of~r,,.~,.,4~_~~ 1994. ' SHERILL HUI~/,I~EI~ES Council President APPROVED this .... day of -~ 1994. · HORTON, Mayor ATTEST: / KATHLEEN L. McCLUS~t, City Clerk "-"' VE EF~-UvTi DATE /-~,-/,~'' ¢'"/ FU~LIC^TION DATE /,;z- ~ 4'/ ORDINANCE NUMBER ~'d--~,2 __. '7