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HomeMy WebLinkAbout4296 ORDInAnCE AN ORDINANCE revising procedures for the procurement of materials, equipment and services by the City of Bremerton, and repealing Chapter 2.76 and Section 2.49.070 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 Chapter 2.76 of the Bremerton Municipal Code, Ordinance 3935, is hereby repealed and a new chapter 2.76, PURCHASING PROCEDURES, is adopted to read as follows: 2.76.100 GENERAL PURCHASES. (a) A department manager or designee, acting within their department budget appropriation, may authorize the purchase or lease of materials and equipment costing less than $10,000.00. Projects or purchases of goods or services shall not be divided into units or phases to avoid this authorization limit. (b) 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; 4. 20% of the contract price or $30,000, whichever is less. In applying the exemptions limit, the value of all change orders will be aggregated. When any single amendment or change order, when combined with previous change orders on the same project or purchase exceeds the value limit, the change must be 1 approved by the City Council. (c) 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. (d) In making purchases of goods and services under this chapter, the responsible department and the City Council shall consider those business factors normally relied upon to achieve the most satisfactory performance at the lowest price. These shall include, but are not limited to, employee costs of acquisition, expense in shipment, delay of acquisition, and City tax revenue which might be receivable from purchasing the supplies, materials and services from suppliers within the City limits. (e) 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. (a) The procurement of materials 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 shall be by bid call. (1) If the item is approved in the current budget, the responsible department shall provide the purchasing division with technical specifications and bidding instructions. 2 (2) If the item(s) requested is not approved in the current budget, a Budget Adjustment form and Capital Asset form (as necessary) must be approved. 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 and skill involved are predominantly mental or intellectual rather than physical. They include consulting, legal, planning, architectural, engineering or instructional services. (2) All professional services utilized by the City from $.-0- to $5,000.00 in value may be by purchase order or letter of agreement. Professional Service Agreements in excess of $5,000.00 require a formal contract and approval of 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 Contracts include all work, construction, alteration, repair or improvement other than ordinary maintenance. The cost of a public work shall include all amounts paid for materials, supplies, equipment and labor on the project. The City 3 may not divide a public works project into phases in order to avoid compliance with bid requirements or limitations on use of work force account. (b) Work Force Account may be used where the total cost for the public works 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. (c) If the estimated project costs, including labor and materials, exceed $15,000.00, the City shall, at least fifteen (15) days before beginning work, publish notice describing the work and estimated cost. (d) Work Force Account projects shall not exceed ten percent (10%) of the dollar amount of the public works construction budget for the budget period. (e) 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. (f) A true copy of the account or 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. (g) In lieu of competitive bid, public works of $100,000 or less may be awarded through a small works roster. A small works roster shall consist of all licensed contractors who have requested to be on the roster. Proposals shall be solicited from at least five (5) contractors on the list and then at least one (1) of the 4 invitees shall be a qualified minority or woman contractor. A contract awarded from the small works roster need not be advertised. Contract award of $10,000.00 or more shall be by City Council. 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 governmental units. (3) The City contracts for materials, goods and/or services in order to effectively deal with an emergency affecting public health and safety. (4) The City contracts for materials, goods or services with a person, firm or vendor who constitutes a sole 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 the 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. Repeal. Section 2.49.070 of the Bremerton Municipal Code is hereby repealed in its entirety. Section 3. Effective Date. This ordinance shall become 5 effective ten (10) days from passage and publications. APPROVED by the City Council on the first reading this day of ~/~'~?~- , 1990. PASSED by the city Council of the City of Bremerton this ~ day of ~0~C~FT1 '~e~- , 1990. Council President APPROVED this Q q day of ~7 ~~./~ ~3.-~ , 1990. ATTEST: ~-~-~L~ ~. 'McC---~SK~, ~1~ /