HomeMy WebLinkAboutOrd2003-006
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Sponsored by: Shealy
Introduction Date: July 28,2003
Public Hearing Date: August 11,2003
Postponed & Replaced with Substitute Ordinance: August 25,2003
Enactment date: August 25, 2003
CITY OF SEWARD, ALASKA
SUBSTITUTE ORDINANCE 2003-06
AN ORDINANCE AMENDING SEWARD CITY CODE, TITLE 6, PURCHAS-
ING, CONTRACTS AND PROFESSIONAL SERVICES, MAKING CERTAIN
CHANGES TO CLARIFY POLICIES, ELIMINATING OUTDATED LAN-
GUAGE, AND REDUCING CONFLICTS WITHIN THE CODE
WHEREAS, the former City Manager established a Procurement Committee ("Committee")
to review the Seward City Code, Title 6, Purchasing, Contracts and Professional Services for the
purpose of updating and clarifying Title 6; and
WHEREAS, the Procurement Committee currently consists of the Manager of Electrical
Utility, the Finance Director and the Assistant City Manager with assistance from staff members
from the Finance Department and from the Engineering and Construction Department; and
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WHEREAS, the Committee reviewed several procurement codes, policies and procedures
from other communities in Alaska, concentrating on those communities that operate harbors,
electric, water and sewer utilities for the purpose of updating language to current terminology
being used and to update sections based upon current purchasing procedures being used by the
City and other municipalities; and
WHEREAS, the Committee received input from Department Managers and the City
Attorney; and
WHEREAS, the purposes described in Title 6, ~6.01.010, guided the Committee in its review
and recommendations; and
WHEREAS, recommended changes in Title 6 are housekeeping measures to bring the code
up to current purchasing practices within the City and current purchasing practices now being
used by other municipalities.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA, that:
Section 1. Seward City Code Title 6 is amended to read as follows (Strikeout - deletions
Underline = additions):
TITLE 6
PURCHASING, CONTRACTS AND PROFESSIONAL SERVICES
Chapter 6.01 General Provisions
Chapter 6.05 Ineidental Minor Purchases
Chapter 6.10 Major Purchases
Chapter 6.01 General Provisions
6.01.010 Purpose.
6.01.015 Interpretation.
6.01.020 Compliance with grant conditions.
6.01.025 Purchase orders; form of expenditures generally.
6.91.939 Certifying purehase orders and eontraets.
6.01.035 Inspection of work, materials, etc., prior to payment.
6.01.040 Payment of claims.
6.01.050 Contractor delinquency in certain payments.
6.01.010 Purpose.
The purpose of this title is to:
I. maximize the purchasing value of public funds in the procurement of goods and services for
the city;
2. provide an efficient system for the purchase of goods and services without creating
unreasonable administrative burdens and restrictions;
3. provide flexibility in the methods of purchasing goods and services in order to meet the goals
and objectives of the city as determined by the city council;
4. provide for the fair and equitable treatment of all persons involved in the provision of goods
and services to the city; and
5. prevent collusion and anti-competitive practices by the providers of goods and services. (Ord.
6]5, ]989)
6.01.015 Interpretation.
This title is to be interpreted and applied in order to further the objectives stated above. (Ord.
615, 1989)
6.01.020 Compliance with grant conditions.
When a procurement involves the expenditure of state or federal grant, assistance or contract
funds, the procurement shall be conducted in accordance with any applicable mandatory state or
federal law and regulation. Nothing in this code shall prevent the city from complying with the terms
and conditions of any grant, gift or bequest which is otherwise consistent with law. (Ord. 615, 1989)
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6.01.025 Purchase orders; form of expenditures generally.
A. Every undertaking ofthe city involving the expenditure of city money shall be in writing in
the form of a purchase order, check request, credit card, electronic communication, travel voucher or
of a contract, as may be appropriate, and no officer or employee of the city shall have authority to
enter into any oral agreement involving the expenditure of money. The finance director's or
designee's written approval of expenditures certifies that each expenditure has been properly
authorized and that funds have been lawfully appropriated for that purchase. The city manager or
designee and city clerk or designee shall sign all contracts on behalf of the city~, and the eity maRager
and the finance director shaH siga all plifehase orders.
B. Separate purchase orders shall not be issued for the purpose of circumventing the
requirements and limitations of this title.
C. Purchase enlers shall be issued tlpon requisitisns sigaed by the head afthe divisien. }JI
requisitions shall be filed v;ith the purchasing agent and no fll:lfehase shall be made Ufltil an order has
been obtained frem him.
D. In the absence ef the city manager, a person designated by rnm, in writing, is hereby
authorized to sign for the city manager purehase erders for materials, sUflfllies ana eqHipment which
do not exceed fiye hundred dollars ($500.90) iR ';aIHe, in eonforming "vith contral preeealifes te be
established by the city manager f-or that p1:1f'Jlase. (Ora. 615, 1989)
C. The city manager may authorize any department or division of the city to purchase directly
certain specified supplies. materials. equipment or contractual services under written procedures not
less restrictive than those prescribed under this chapter and chapter 6.05.
D. The city manager shall have the authority to and shall establish the administrative procedures
and provide for other matters which may be necessary to carry out the provisions ofthis chapter and
chapter 6.05.
E. References in this title to matters required to be in "writing" or to be ''written'' may include
electronic communication unless other procedures are prescribed: provided. however. that all sealed
bids and sealed proposals must be physically submitted in the manner provided in chapter 6.10.
6.01.030 Certifying purehase orders anEl eontraet1i.
The city fiRBflce airoeter shall attach te each contract a eertificate signea by him, and there shall
be attaohed to ana ineludea in each purchase arder a certifieate ef the fiRaHee directar that the
establishea amount ofmaney to meet tlle ebligatian aftlle city by such centract or pl:lfehase order
has been lawfully appropriated aHd in the preper farm and in the process of collection to the crewt of
the fund iW/olved, the current fiscal year, aHa ta involye expenaitHres of maRe)' in flitHre years, the
fiRance direotor shall oRly certify as ta meney estimatea ta be pais BY the city thereunder aHring the
Cl:lrrCBt fiscal year. (Ora. 615, 1989)
6.01.035 Inspection of work, materials, etc., prior to payment.
A. Prior to the making of partial or final payments on contracts, the city manager or designee
shall certify that the conditions of the contract for which payment is made have been complied with.
In the case of partial payments, such payments shall be made on estimates of the amount and value of
work accomplished. The eertificates of estimate~ shall include the amount and value ofthe work
accomplished and the materials used since any preceding estimate. Such eertificates af estimates
shall further indicate that if a greater proportion of the contract has been performed by the
S 6.01.035PURCHASING, CONTRACTS AND PROFESSIONAL SERVICES
contracting party than that which is represented by the request for partial payment, the request only
shall be paid, in addition to any preeeding partial pElJiTl:eBts. The finance director may authorize ...J
payment Y-!!pon receiving the eertifieates, estimates ar invoices properly certified", the fiRanee
direetor shall teeR iss1:l:e warraets is paymeRt.
B. The responsibility for the inspection and acceptance of all materials, supplies and equipment
shall rest with the department or division head concerned. (Ord. 615. 1989)
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PURCHASING, CONTRACTS AND PROFESSIONAL SERVICES
~ 6.01.050
6.01.040 Payment of claims.
A. The city finance director shall pay claims for which appropriations have previously been made,
.... when the claim was incurred by purchase order as herein provided, 6f by agreement approved by the
city council. or as otherwise permitted by Title 6.
B. The finance director shall require invoices to be submitted te-him to the finance director or
designee by the vendors, and that the head of the department or division of the city concerned shall
submit te--hiffi to the finance director or designee a copy of the purchase order so certified to the
effect that the goods or services for which the purchase order and invoices are rendered have been
delivered in the manner, quantity and quality specified, prior to the issuance of the city's 'lIarram: ana
payment thereof wHereupon the city's warrant shall be properly issl:1ea in paymem:.
C. Claims for transportation expenses and allowances submitted in connection with traveling on
official business will be allowed by the finance director only when such expenses have been approved
in advance by the city manager or designee and are submitted on proper forms provided by the city
and certified by claimant. (Ord. 615, 1989)
6.01.050 Contractor delinquency in certain payments.
A. The city shall not award a contract or purchase order to any person who then is delinquent in
paying (i) any tax levied by the city or the Kenai Peninsula Borough, (ii) any special assessment levied
by the city, (iii) any charge for city utility or harbor services, or (iv) any city business license fee,
unless the person cures the delinquency within 10 days after the mailing of written notice thereof
B. The city may terminate any contract or purchase order if the contractor becomes delinquent in
payment of any of the items listed in subsection A. of this section, unless the contractor cures the
delinquency within 10 days after mailing of written notice thereof
- C. The city may deduct from any amount due the contractor under any contract or purchase
order an amount equal to the total of all delinquent amounts that the contractor owes for (i) taxes
levied by the city or the Kenai Peninsula Borough, (ii) special assessments levied by the city, (iii)
charges for city utility or harbor services, and (iv) the city business license fee.
D. Subsections B. and C. of this section shall be deemed to be incorporated in every city contract
and purchase order that is executed after the effective date of this section.
E. Nothing in this section shall prevent any person from paying under protest any tax, special
assessment, utility or harbor charge, or business license fee, or pursuing appropriate judicial or
administrative action to contest or recover any such tax, assessment, charge or fee. (Ord. 96-18)
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Chapter 6.05 IReideRtol Minor Purchases
6.05.010 Purchases of $10,000 or less.
6.05.015 Solicitation, quotations, records.
6.05.020 Minor Purchase Procedures.
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6.05.010 Purchases of $10,000 or less.
The city manager is hereby authorized to bind the city by purchase order or contract without
advertising or previous action by the city council for the payment for labor, services, materials or
other valuable considerations, in amounts not exceeding ten thousand dollars ($10,000) in anyone
item; provided, that reasonable efforts have been made to provide the city with the lowest and best
prices obtainable. Those efforts may include, but are not limited to, the written quotations or
advertising for sealed bids. The city manager may reject any or all quotations or bids and may waive
minor irregularities in the quotations or bids. (Ord. 615, 1989)
6.05.015 Solicitation, quotations, records.
A. Solicitation. Written quotations may be solicited by telephone, in person or in writing from
interested persons or firms.
B. Ouotations. A detailed record shall be made of the quotations received and shall include the
firm's name, person contacted, detailed description of materials or services, and price. Prices in
published mail order catalogs or internet web sites may be considered to be written quotations.
C. Records. A record of all such ineieental minor purchases and the quotations submitted to the
city in competition thereon shall be kept and such records shall be public. (Ord. 615, 1989)
6.05.020 Minor Purchase Procedures.
A. Each purchase or contract for an amount estimated to be $1. 000 or less shall be made on the
open market with such competition as is reasonable and practical in the circumstances.
B. Purchases or contracts in an amount estimated to be more than $1.000 but not more than
$10,000 shall be made, when feasible and when in the best interest of the city, in the open market by
solicitation of quotations which may be done without newspaper advertisement and without
observing the procedures prescribed for the award of formal sealed bid purchases. Such open market
purchases, whenever practicable. shall be based on at least three quotations and shall be awarded to
the lowest qualified bidder. The basis for determining the lowest qualified bidder shall be the same as
that used in formal bid procedures as defined in &6.10.135. including any preferences established by
law.
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Chapter 6.10 Major Purchases
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Article 1. Major Purchases Generally
6.10.110 Definition.
6.10.115 Exemptions from competitive procurement procedures.
6.10.120 Specialized products and professional services exempt.
6.10.125 Purchase of used equipment exempt
6.10.130 Where competitive bid proposals not in public interest.
6.10.135 Award only to responsible bidder/proposer.
6.10.140 Not responsible bidder/proposer finding.
6.10.145 Where funding insufficient.
Article 2. Competitive Sealed Bids
6.10.210 Use of competitive bids.
6.10.215 Competitive sealed bids - public notice.
6.10.220 Bid security.
6.10.225 Bid form.
6.10.230 Bid award.
6.10.235 Return of bids.
Article 3. Alternate Procurement Procedures
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6.10.310 Alternate procurement procedures.
6.10.315 Competitive sealed proposals.
6.10.320 Notice.
6.10.325 Request for proposals content.
6.10.330 Opening of proposals.
6.10.335 Discussions with proposers.
6.10.340 Award of contract.
6.10.345 Prequalification of bidders/proposers.
Article 1. Major Purchases Generally
6.10.110 Definition.
For the purposes of this chapter, maj or purchases are those purchase orders or contracts for labor,
services, materials, or other valuable considerations which exceed ten thousand dollars ($10,000) for
anyone item. (Ord. 615, 1989)
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6.10.115 Exemptions from competitive procurement procedures.
The provisions of this title requiring competitive procurement procedures need not apply to the
types of services and/or contracts set forth in ~~ 6.10.120 - 6.10.130 below; and the city council may
approve such contracts by motion or resolution. Nothing in this title shall preclude the city from
utilizing any of the procedures set forth in this code in those instances. (Ord. 615, 1989)
6.10.120 Listed ExemptionsSpeeialized pro duets and professional ser'liees exempt.
A. Restrictions and provisions of Articles 2 and 3 of this chapter shall not apply:
1. to the purchase of a patented article;
2. where an emergency makes the delay incident to competitive bidding umeasonable;
3. where an emergency makes the delay incident to the procedures for rejecting a low bid set
out in ~ 6.10.140 umeasonable;
4. to the placement of insurance coverage;
5. to supplies, materials, equipment or contractual services which can only be furnished by a
single dealer, or which have a uniform published price;
6. to supplies, materials, equipment or contractual services purchased from another unit of
government at a price determined by the city manager to be below that obtainable from private
dealers, including waf government surplus;
7. to contractual services purchased from a public utility corporation at a price or rate
determined by state or other government authority;
8. to the purchase of professional services. Professional services are those that require
special knowledge and judgment that includes analysis, evaluation, prediction, planning or
recommendations and which result in the production of a report or the completion of a task.
Examples of professional services include accounting, architectural, appraisal, engineering, land
surveying, financial consultation, legal services, lobbying. planning, economic analysis, computer
programming and system analysis, insurance consultation and risk analysis, and other specialized
services. Any professional services contracts which are not procured using the competitive
procurement procedures shall not exceed two years except for completion or work in progress under
architectural or engineering contracts.;
9. to the purchase of electronic data processing software and hardware svstems and
communications equipment and
10. when competitive procurement procedures have been followed. but no bids. quotations or
proposals are timelv received. In such case. the city manager mav proceed to have the services
performed or the supplies purchased without further competitive bidding or quotation.
B. The city may utilize competitive bids obtained by other governmental units. (Ord. 615, 1989)
6.10.125 Purchase of used equipment exempt.
Restrictions and provisions of this title shall not apply where the city council determines that the
public interest would be best served by the purchase of used equipment and, by resolution, authorizes
the city manager to locate and purchase a particular type and quantity of used equipment. (Ord. 615,
1989)
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6.10.130 Where competitive bid proposals not in public interest.
Restrictions and provisions of this title shall not apply where the city council determines and
makes written fmdings that the public interest would be best served by not requiring competitive
bids/proposals. The best interest determination may be based upon, but is not limited to, a finding
that the services or articles can be procured at a lower cost without competitive bidding. (Ord.615,
1989)
6.10.135 Award only to responsible bidder/proposer.
A contract awarded under this chapter shall be made only to a responsible bidder/proposer. The
city manager may report to the city council and recommend rejection of a bid or a proposal on the
basis ofthe following criteria:
1. the skill and experience demonstrated by the bidder/proposer in performing contracts of a
similar nature;
2. the bidder's/proposer's record for honesty and integrity;
3. the bidder's/proposer's capacity to perform in terms of facilities, personnel and financing;
4. the previous and existing compliance by the bidder/proposer with laws and ordinances
relating to the contract;
5. the number and scope of conditions attached to the bid/proposal;
6. the bidder's/proposer's past performance under city contracts. including failure to comply
with contract terms or timelv comnlete a contract for the amount stated in its bid or nronosal as
modified bv city requested change orders. If the bidder/proposer has failed in any material way to
perform its obligations under any contract with the city, the bidder/proposer may be deemed a
non-responsible bidder/proposer. (Ord. 615, 1989)
6.10.140 Not responsible bidder/proposer finding.
A report that the low bidder/proposer is not responsible shall delay the award of the contract until
after completion of the procedures outlined below.
1. If the city manager or his designee reports to the city council that the lowest bidder is not
responsible, notice shall immediately be sent to the next two lowest bidders or the next two most
preferred proposers and the report shall be placed on the agenda of the next scheduled council
meeting; provided, that the next council meeting allows two weeks' written notice to the lowest
bidder and the next two lowest bidders or most preferred and next two most preferred proposers.
2. At the council meeting, the lowest bidder or most preferred proposer and the city manager or
his designee shall have the opportunity to be heard regarding the adverse report.
3. The city council shall then determine whether it is in the best interest of the public to affirm,
reject, or modify the city manager's report and in so doing make written findings to support its
determination. The written findings shall be based on, but not limited to, the criteria set out in
~ 6.10.135. (Ord. 615,1989)
6.10.145 Where funding insufficient.
If the lowest responsive and responsible bid or proposal exceeds the amount of funds available
for the procurement, the scope of the procurement may be reduced to bring its estimated cost within
the amount of available funds. The city shall issue a new invitation for bids or requests for proposals
for the reduced procurement, or, upon a finding by the city manager that the procurement is in the
best interests of the city and upon notice to the city council in the manner set forth in ~ 6.10.310, B.,
he may negotiate with the three lowest responsive and responsible bidders or the three most
responsive and responsible proposers in succession, beginning with the lowest bid or most
responsive proposal, and may recommend the city council award the reduced contract. (Ord. 615,
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Article 2. Competitive Sealed Bids
6.10.210 Use of competitive bids.
When the cost of goods or services required by the city exceeds the sum often thousand dollars
($10,000) the city shall seek and preserve a competitive environment by utilizing the competitive
bids as set forth in this article unless otherwise exemot. (Ord. 615, 1989)
6.1 0.215 Competitive sealed bids - public notice.
The city manager shall call for bids by advertising at least once in a newspaper of general
circulation in the city not less than two weeks prior to the date set for receiving bids. (Ord. 615,
1989; Ord. 94-03 )
6.10.220 Bid security.
A. All bids must be accompanied by a certificate of deposit, or certified check or draft, or a
cashier's check or a draft on some responsible bank in the United States, in favor of and payable at
the site to the city, for an amount equal to five percent (5%) of the bid, such deposit not to exceed
fifty thousand dollars ($50,000). lfthe bidder to whom the contract is awarded shall, for fifteen (15)
days after such award, fail or neglect to enter into a contract and file any required payment or
performance bond, the city manager shall draw the money due on the certificate of deposit or check
or draft, and pay the same into the treasury, and under no circumstances shall it be returned to the
defaulting bidder.
B. In lieu of the foregoing, any bid may be accompanied by a surety bond, equal to the amount
stated above, furnished by a surety authorized to do a surety business in the state, guaranteeing that
the bidder will enter into a contract and file the required bond within such period. Without limiting
the foregoing, no plea or defense of mistake by a bidder shall be available in any action by the city
for the recovery of any deposit, or in any action on any surety bond or as a defense to any action
based upon any refusal to execute a contract. (Ord. 615, 1989; Ord. 94-03)
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6.10.225 Bid form.
All bids shall be placed in a sealed envelope and delivered to the city clerk, and opened by the
city manager, or a person designated by him, in public, at the time and place designated in the notice
inviting bids. (Ord. 615, 1989; Ord. 94-03)
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6.10.230 Bid award.
The contract shall be let by the city council to the lowest qualified responsive and responsible
bidder; provided, that if the lowest bids are approximately equal, that is within the lesser of five
thousand dollars ($5,000) or five percent (5%) of each other, preference may be given to local
bidders who maintain and operate businesses within the boundaries ofthe Seward electrical utility
service area. The city council may reject any or all bids and may waive minor irregularities in the
bids. (Ord. 615, 1989)
6.10.235 Return of bids.
The city manager shall return to the apparent unsuccessful bidders their certificates of deposit,
drafts or checks; provided, however, that the manager may retain the certificate of deposit, check or
draft of the three (3) apparent low bidders until after award and signing of the contract. (Ord.615,
1989; Ord. 94-03)
Article 3. Alternate Procurement Procedures
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6.10.310 Alternate procurement procedures.
A. Notwithstanding the requirements of ~ 6.10.210 et seq., a department or division head may
recommend an alternative procurement procedure to the city manager if such procedure will best
serve the needs of the city and accomplish the objectives ofthis title. The city manager shall review
the recommendation and must approve it, in writing, before any procedures other than those required
by ~ 6.10.210 may be utilized.
B. The city manager shall notify the city council of his decision to use any procedure other than
competitive sealed bids and the reasons for his decision at the next regularly scheduled city council
meeting. The report shall also include a description of the selection process and criteria that will be
used to analyze and recommend award, if criteria other than price are to be used. (Ord. 615, 1989)
6.10.315 Competitive sealed proposals.
The city may utilize requests for sealed competitive proposals for goods and services, including
design/build service~"Feviaea, that the requirements oq 6.1 0.310, B., have beeR met. (Ord. 615,
1989)
6.10.320 Notice.
Notice of requests for proposals shall be given in accordance with ~ 6.10.215 and the city may
use additional means considered appropriate to notify prospective proposers of the intent to enter into
a contract through competitive sealed proposals. (Ord. 615, 1989)
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6.10.325 Request for proposals content.
A. Generally. A request for competitive sealed proposals must contain the date, time and place
for delivering proposals, a specific description of the supplies, construction, or services to be J
provided under the contract, and the terms under which the supplies, construction, or services are to
be provided. The request for competitive sealed proposals shall also contain requirements of
evidence of a valid Alaska business license, city business license. contractor's license and
professional registration as appropriate, and may require a list of subcontractors and other
information as may be requested by the city.
B. Selection criteria. The request for proposals must provide a description of the factors that
will be considered by the city when evaluating the proposals received, including the relative
importance of price and other evaluation factors.
(Ord. 615, 1989)
6.10.330 Opening of proposals.
The city shall open the proposals so as to avoid disclosure of contents to a competing proposer
during the process of negotiation. A register of proposals containing the name and address of each
proposer shall be prepared. The register and the proposals themselves are open for public inspection
after a notice of intent to award has been issued by the city. To the extent that the proposer
designates and the city attorney concurs, trade secrets and other proprietary data contained in the
proposal documents are confidential. (Ord. 615, 1989)
6.10.335 Discussions with proposers.
A. Following review and evaluation of the proposals, the city may prepare a short list of the
proposals which most nearly meet the requirements set forth in the request for proposals. The city
may then request supplemental information or enter into discussions with the proposers listed therein
for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation
requirements.
B. Upon receipt of additional or clarifying information, the short-listed proposers shall be
ranked and negotiations may be initiated with the first-ranked proposer. If an agreement cannot be
reached, that proposer shall be dropped from the list and negotiations initiated with the next-ranked
proposer.
C. These proposers shall be accorded fair and equal treatment with respect to any opportunity for
discussion and revision of proposals, and revisions may be permitted after submissions and before
final negotiation of the contract for the purpose of obtaining best and final offers. In conducting
discussions, the city may not disclose information derived from proposals submitted by competing
proposers. (Ord. 615, 1989)
6.10.340 Award of contract.
A. The city manager shall make a written recommendation for award to the responsible and
responsive proposer whose proposal is determined to be the most advantageous to the city, taking
into consideration the price and the evaluation factors set out in the request for proposals. Other
factors and criteria may not be used in the evaluation. The city manager or designee shall issue a
notice of recommendation to award to all responding oroponents prior to approval by the final
decision-making authority.
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6.10.230 Bid award.
The contract shall be let by the city council to the lowest qualified responsive and responsible
bidder; provided, that if the lowest bids are approximately equal, that is within the lesser of five
thousand dollars ($5,000) or five percent (5%) of each other, preference may be given to local
bidders who maintain and operate businesses within the boundaries of the Seward electrical utility
service area. The city council may reject any or all bids and may waive minor irregularities in the
bids. (Ord. 615, 1989)
6.10.235 Return of bids.
The city manager shall return to the apparent unsuccessful bidders their certificates of deposit,
drafts or checks; provided, however, that the manager may retain the certificate of deposit, check or
draft of the three (3) apparent low bidders until after award and signing of the contract. (Ord. 615,
1989; Ord. 94-03)
Article 3. Alternate Procurement Procedures
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6.10.310 Alternate procurement procedures.
A. Notwithstanding the requirements of ~ 6.10.210 et seq., a department or division head may
recommend an alternative procurement procedure to the city manager if such procedure will best
serve the needs of the city and accomplish the objectives of this title. The city manager shall review
the recommendation and must approve it, in writing, before any procedures other than those required
by ~ 6.10.210 may be utilized.
B. The city manager shall notify the city council of his decision to use any procedure other than
competitive sealed bids and the reasons for his decision at the next regularly scheduled city council
meeting. The report shall also include a description of the selection process and criteria that will be
used to analyze and recommend award, if criteria other than price are to be used. (Ord. 615, 1989)
6.10.315 Competitive sealed proposals.
The city may utilize requests for sealed competitive proposals for goods and services, including
designlbuild services. pro',ided, that the requirements oq 6.10.310, B., have beeR met. (Ord. 615,
1989)
6.10.320 Notice.
Notice of requests for proposals shall be given in accordance with 9 6.10.215 and the city may use
additional means considered appropriate to notify prospective proposers of the intent to enter into a
contract through competitive sealed proposals. (Ord. 615, 1989)
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6.10.325 Request for proposals content.
A. Generally. A request for competitive sealed proposals must contain the date, time and place
for delivering proposals, a specific description of the supplies, construction, or services to be provided
under the contract, and the terms under which the supplies, construction, or services are to be
provided. The request for competitive sealed proposals shall also contain requirements of evidence of
a valid Alaska business license, city business license. contractor's license and professional registration
as appropriate, and may require a list of subcontractors and other information as may be requested by
the city.
B. Selection criteria. The request for proposals must provide a description of the factors that will
be considered by the city when evaluating the proposals received, including the relative importance of
price and other evaluation factors.
(Ord. 615,1989)
6.10.330 Opening of proposals.
The city shall open the proposals so as to avoid disclosure of contents to a competing proposer
during the process of negotiation. A register of proposals containing the name and address of each
proposer shall be prepared. The register and the proposals themselves are open for public inspection
after a notice of intent to award has been issued by the city. To the extent that the proposer
designates and the city attorney concurs, trade secrets and other proprietary data contained in the
proposal documents are confidential. (Ord. 615, 1989)
6.10.335 Discussions with proposers.
A. Following review and evaluation of the proposals, the city may prepare a short list of the
proposals which most nearly meet the requirements set forth in the request for proposals. The city
may then request supplemental information or enter into discussions with the proposers listed therein
for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation
requirements.
B. Upon receipt of additional or clarifying information, the short-listed proposers shall be ranked
and negotiations may be initiated with the first-ranked proposer. If an agreement cannot be reached,
that proposer shall be dropped from the list and negotiations initiated with the next-ranked proposer.
C. These proposers shall be accorded fair and equal treatment with respect to any opportunity for
discussion and revision of proposals, and revisions may be permitted after submissions and before
final negotiation of the contract for the purpose of obtaining best and final offers. In conducting
discussions, the city may not disclose information derived from proposals submitted by competing
proposers. (Ord. 615, 1989)
6.10.340 Award of contract.
A. The city manager shall make a written recommendation for award to the responsible and
responsive proposer whose proposal is determined to be the most advantageous to the city, taking
into consideration the price and the evaluation factors set out in the request for proposals. Other
factors and criteria may not be used in the evaluation. The city manager or designee shall issue a
notice of recommendation to award to all responding proponents prior to approval by the final
decision-making authority.
B. The contract shall be let by the city council to the lowest qualified responsive and responsible
proposer. The city council may reject any or all proposals and may waive minor irregularities in the
proposals. (Ord. 615, 1989)
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B. The contract shall be let by the city council to the lowest qualified responsive and responsible
proposer. The city council may reject any or all proposals and may waive minor irregularities in the
proposals. (Ord. 615, 1989)
6.10.345 Prequalification of bidders/proposers.
Prequalification of bidders or proposers under Chapter 6.10 is permitted if the city manager
determines that prequalification is in the public interest. Justification for prequalification may
include but shall not be limited to the need to restrict bidding to firms having special knowledge and
experience in the work required, or a need to expedite contracting procedures. A request for letters
of intent shall be advertised in the manner prescribed in S 6.10.215. The published request shall
describe the task(s) to be performed, the minimum qualifications of firms to be selected, and
procedures for evaluating those firms. Evaluation criteria may include, but shall not be limited to,
the same factors as listed at S 6.1 0.135 for determining a responsible bidder. Firms will be either
approved or rejected, with no rating designated to compare firms within either the approved or
rej ected category. At least three firms must be included in the approved category. The city council
shall approve the prequalification list by resolution. Requests for bids or proposals will be solicited
from only those firms on the approved list and only those prequalified firms shall be allowed to
submit bids pursuant to this section. (Ord. 615, 1989)
Section 2. This ordinance shall take effect ten (10) days following its enactment.
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ENACTED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, this 25th
day of August, 2003.
THE CITY OF SEWARD, ALASKA
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StuClark,~ayor
AYES:
NOES:
ABSENT:
ABSTAIN
Shafer, Branson, Dunham, Orr, Valdatta, Amberg, Clark
None
None
None
ATTEST:
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