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HomeMy WebLinkAbout3844 Ordinance ORDINANCE NO. 3 y y AN ORDINANCE of the City of Pasco, Washington, Creating Chapter 14.11 Entitled "Small Works Roster" WHEREAS, the City is authorized by RCW 39.04.155 and other laws regarding contracting for public works to establish and implement a Small Works Roster to provide an alternative for public bidding for public works contracts having a total contract price, including sales tax, of under Two Hundred Thousand Dollars($200,000.00); and WHEREAS, RCW 39.04.190 provides for the purchase of materials, supplies, or equipment not connected to a public works project that is to be secured by a vendor's list process; and WHEREAS, the Washington Legislature, in 2007, has made amendments to the City's authority for the use and implementation of a Small Works Roster requiring the update and codification by the City of its Small Works Roster procedure, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a new Chapter 14.11 entitled "Small Works Roster" of the Pasco Municipal Code shall be and hereby is enacted and shall read as follows: CHAPTER 14.1.1 SMALL WORKS ROSTER Section 14.11.010 Small Works Roster Procedures. 14.11.020 Purchase of Materials, Supplies or Equipment Not Connected to a Public Works Project Under Thirty-Five Thousand Dollars ($35,000.00). 14.11.010 SMALL WORKS ROSTER PROCEDURES. The following Small Works Roster procedures are established for use by the City pursuant to RCW 35.22.620 and RCW 39.04. A) Cost. The City need not comply with formal sealed bidding procedures for the construction, building, renovation, remodeling, alteration, repair, or improvement of real property where the estimated cost does not exceed Two Hundred Thousand Dollars ($200,000.00), which includes the costs of labor, material, equipment and sales and/or use taxes as applicable. Instead, the City may use the Small Works Roster procedures for public works projects as set forth herein. The breaking of any project into units or accomplishing any projects by phases is prohibited if it is done for the purpose of avoiding the maximum dollar amount of a contract that may be let using the Small Works Roster process. B) Number of Rosters. The City may create a single general Small Works Roster, or may create a Small Works Roster for different specialties or categories of anticipated work. Said Small Works Rosters may make distinctions between contractors based upon different geographic areas served by the contractor. C) Contractors on Small Works Roster(s). The Small Works Roster(s) shall consist of all responsible contractors who have requested to be on the roster(s), qualified under the requirements of PMC 14.10, and where required by law are properly licensed or registered to perform such work in this State. Contractors desiring to be placed on a roster or rosters must keep current records of any applicable license, certifications, registrations, bonding, insurance, or other appropriate matters on file with the City as a condition of being placed on a roster or rosters. D) Publication. At least once a year, the City shall publish in a newspaper of general circulation within the jurisdiction a notice of the existence of the roster or rosters and solicit the names of contractors for such roster or rosters. Responsible and qualified contractors shall be added to an appropriate roster or rosters at any time that they submit a written request and necessary records. The City may require master contracts to be signed that become effective when a specific award is made using a Small Works Roster. E) Electronic Rosters. In addition to paper and/or electronic rosters kept on file in the appropriate department, the City may also use state-wide electronic data base developed and maintained for this purpose. F) Telephone or Written Quotations. The City shall obtain telephone, written or electronic quotations for public works contracts from contractors on the appropriate Small Works Roster to assure that a competitive price is established and to award contracts to the lowest responsible and qualifying bidder as defined in RCW 39.04.350, as follows: 1) A contract awarded from a Small Works Roster need not be advertised. Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitation. This subsection does not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes. 2) Quotations may be invited from all appropriate contractors on the appropriate Small Works Roster. As an alternative, quotations may be invited from at least (5) contractors on the appropriate Small Works Roster who have indicated the capability of performing the kind of work being contracted, in a manner that will equitably distribute the opportunity among the contractors on the appropriate roster. If the estimated cost of the work is from one hundred thousand dollars ($100,000.00) to two hundred thousand dollars ($200,000.00), the City may choose to solicit bids from less than all the appropriate contractors on the appropriate Small Works Roster, but must also notify the remaining contractors on the appropriate Small Works Roster that quotations on the work are being sought. The City has the sole option of determining whether this notice to the remaining contractors is made by: a) Publishing notice in a legal newspaper in general circulation in the area where the work is to be done. Small Works Roster Page 2 b) Mailing a notice to these contractors; or C) Sending a notice to these contractors by facsimile or other electronic means. 3) For the purpose of this Chapter, "equitably distribute" means that the City may not favor certain contractors on the appropriate Small Works Roster over other contractors on the appropriate Small Works Roster who perform similar services. At the time bids are solicited, the City representative shall not inform a contractor of the terms or amount of any other Contractor's bid for the same project. 4) A written record shall be made by the City representative of each contractor's bid on the project and of any conditions imposed on the bid. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry. G) Limited Public Works Process. If work, construction, alteration, or improvement projects are estimated to cost less than thirty-five thousand dollars ($35,000.00), the City may award such a contract using the limited public works process provided under RCW 39.04.155. For limited public works project, the City will solicit electronic or written quotations from a minimum of three (3) contractors from the appropriate Small Works Roster and shall award the contract to the lowest responsible bidder as defined under RCW 39.04.350. After an award is made,the quotations shall be open to public inspection and available by electronic request. The City may use the limited public works process to solicit and award Small Works Roster contracts to small businesses that are registered contractors with gross revenues under one million dollars ($1,000,000.00) annually as reported on their Federal Tax Return, and to adopt such additional procedures as to encourage small businesses that are registered contractors with revenues under two hundred fifty thousand dollars ($250,000.00) annually as reported on their Federal Tax Return to submit quotations or bids on Small Works Roster contracts. For limited public works project, the City may waive the payment and performance bond requirements of RCW 39.08 and the retainage requirements of RCW 60.28, thereby assuming the liability for the contractor's nonpayment of laborers, mechanics, subcontractors, material suppliers, suppliers, and taxes imposed under Title 82 RCW that may be due from the contractor for the limited public works project. However, the City shall have the right of recovery against the contractor for any payments made on the contractor's behalf. The City shall maintain a list of the contractors contacted and the contracts awarded during the previous twenty-four (24) months under the limited public works process, including the name of the contractor, the contractor's registration number, the amount of the contract, a brief description of the type of work performed, and the date the contract was awarded. H) Determining Lowest Responsible Bidder. The City shall award the contract for the public works project to the lowest responsible bidder provided that, whenever there is a reason to believe that the lowest acceptable bid is not the best price obtainable, all bids may be rejected and the City Council may call for new bids. Small Works Roster Page 3 In determining the "lowest responsible bidder", in addition to qualifications as required by PMC 14.10, and in addition to price, the following elements shall be given consideration: 1) The ability, capacity, and skill of the bidder to perform the contract or provide the service required. 2) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. 3) Whether the bidder can perform the contract within the time specified. 4) The quality of performance of previous contracts or services. 5) The previous and existing compliance by the bidder with laws relating to the contract or services. 6) Such other information as may be secured having a bearing on the decision to award the contract. I) Award. The City Manager, or his designee, shall present all. telephone quotationsibids and recommendation for award of the contract to the lowest responsible and qualified bidder to the City Council. However, for public works projects under one hundred thousand dollars ($100,000.00), the City Manager shall have the authority to award public works contracts without City Council's approval, provided that the City Council shall ratify the City Manager's approval at the next scheduled City Council meeting. For public works projects over one hundred thousand dollars ($100,000.00), the City Council shall award all public works contracts by Resolution. 14.11.020 PURCHASE OF MATERIALS, SUPPLIES OR EQUIPMENT NOT CONNECTED TO A PUBLIC WORKS PROJECT UNDER THIRTY-FIVE THOUSAND DOLLARS ($35,000.00). The City is not required to use informal or formal sealed bidding procedures or the procedures set forth in this Chapter to purchase materials, supplies, or equipment for the purchase of any materials, supplies of equipment where the cost of same will not exceed thirty-five thousand dollars ($35,000.00). The City will attempt to obtain the lowest practical price for such goods and services. Section 2. RATIFICATION. Any act consistent with the authority and prior to the effective date of this Ordinance is hereby ratified and affirmed. Section 3. SEVERABILITY. The provisions of this Ordinance are declared separate and severable. If any provision of this Ordinance or its application to any person of circumstance is held invalid, the remainder of this Ordinance or application of the provision to other persons or circumstances, shall be unaffected. Section 4. This Ordinance shall take full force and effect five (5) days after is approval,passage and publication as required by law. Small Works Roster Page 4 PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this 19th day of November, 2007. Joyce Ol Mayor ATTEST: APPROVED AS TO FORM: De bie Clark City Clerk City Attorne i ,� n Small Works Roster Page 5