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Municipal Code, Ordinance 3935, is hereby repealed and a new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
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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.
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(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
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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
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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
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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:
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