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HomeMy WebLinkAbout4293 OrdinanceORDINANCE NO. 'Y 2 53 AN ORDINANCE of the City of Pasco, Washington, Amending PMC Chapter 14.11 "Small Works Roster" to Comply with Recent Changes in the Law and to Participate in the MRSC Rosters for Small Public Works Contracts, Consulting Services, and Vendor Services WHEREAS, the City of Pasco 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; 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 list process; and WHEREAS, RCW 39.80 and other laws regarding contracting for consulting services to allow contracts to be awarded by a consultant roster process; and WHEREAS, it has been determined to be in the best interest of the City to participate with Municipal Research and Service Center of Washington (MRSC) to host these rosters on their online data base. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a new Section 14.11.005 of the Pasco Municipal Code entitled "MRSC Rosters" shall be and hereby is adopted and shall read as follows: 14.11.005 MRSC ROSTERS. The City has contracted with the Municipal Research and Service Center of Washington (MRSC) to have their official rosters posted in the online database for the City's use for small public works contracts consulting services and vendor services developed and maintained by MRSC through MRSC Rosters Section 2. That Section 14.11.010 of the Pasco Municipal Code entitled "Small Works Roster Procedures" shall be and hereby is amended and shall read as follows: 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 Three Hundred Thousand Dollars ($300,000.00), 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 Ordinance Amending PMC 14.11 - I 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. BE) Publication. At least once a year, MRSC shall, on behalf of the City, skell publish in a newspaper of general circulation within the municinalit}_'s jurisdiction a notice of the existence of the small works roster or resters and solicit the names of contractors for suet the small works roster—�. 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. C) 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. I}E) Telephone, or -Written, or Electronic 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 a contractor who meets the mandatory bidder responsibility criteria in RCW 39.34.3500). The City may establish sunalementary bidder criteria under RCW 39.34.350(2) to be considered in the process of awarding a contract. the lowest responsible aftd qualifying L_dA as defined _ R-OA1 39.04.350, as follwh,s.- 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 subseetion does fie eliminate other FeEfdirernen4s fer arehiteetural or engineering al as to "ality a eamplianee with building oodes. 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 five (5) contractors on the appropriate Small Works Roster who have indicated the Ordinance Amending PMC 14.11 - 2 NMI. NIPPON �.INNLI.Vfflm� NMI BE) Publication. At least once a year, MRSC shall, on behalf of the City, skell publish in a newspaper of general circulation within the municinalit}_'s jurisdiction a notice of the existence of the small works roster or resters and solicit the names of contractors for suet the small works roster—�. 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. C) 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. I}E) Telephone, or -Written, or Electronic 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 a contractor who meets the mandatory bidder responsibility criteria in RCW 39.34.3500). The City may establish sunalementary bidder criteria under RCW 39.34.350(2) to be considered in the process of awarding a contract. the lowest responsible aftd qualifying L_dA as defined _ R-OA1 39.04.350, as follwh,s.- 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 subseetion does fie eliminate other FeEfdirernen4s fer arehiteetural or engineering al as to "ality a eamplianee with building oodes. 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 five (5) contractors on the appropriate Small Works Roster who have indicated the Ordinance Amending PMC 14.11 - 2 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 and fifty thousand dollars ($150,000.00) to three hundred thousand dollars ($300,000.00), the City may choose to solicits from bids from less than all the appropriate contractors on the appropriate Small Works Roster, but most 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. 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 the 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 bids 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. EC) 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 Manager or his designee may award such a contract using the limited public works process provided under RCW 39.04.155. For limited public works projects, 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 39.34.0102°.'�34:3-50. 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 contractor 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 revenue's 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 Ordinance Amending PMC 14.11 - 3 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. E14) Determining the Lowest Possible 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. A responsible bidder shall be a registered or licenses contractor who meets the mandatory bidder responsibility criteria established by Chapter 133, Laws of 2007 (SHB 2010) and who meets any supplementary bidder responsible criteria established by the City. Cil) Award. All of the bids or quotations shall be collected by the City Manager or his Ordinance Amending PMC 14.11 - 4 OWN Ordinance Amending PMC 14.11 - 4 1) The City Manager or his designee shall then present all bids or quotations and their recommendation for award of the contract to the City Council. The City Council shall consider all bids or quotations received, determine the lowest responsible bidder, and award the contract; or 2) The City Council delegates the authority to award bids to the City Manager for public works projects costing less than or equal to One Hundred Thousand Dollars ($100,000.00), the City Manager shall have the authority to award public works contracts without City Council approval, provided that the City Council shall ratify the City Manager's approval at the next scheduled City Council meeting by means of the consent agenda. For public works projects costing more than One Hundred Thousand Dollars ($100.000.00), the City Council shall award all public works contracts. (Ord. 3992, 2011.) Section 2. That a new Section 14.11.020 of the Pasco Municipal Code entitled "Vendor List Roster" shall be and hereby is adopted and shall read as follows: 14.11.020 VENDOR LIST ROSTER. The following vendor list roster procedures are established for use by the City pursuant to RCW 39.04.190. A) Purchase of materials, supplies, or equipment not connected to a public works project. The City is not required to use formal sealed bidding procedures to purchase materials, supplies, or equipment not connected to a public works proiect where the cost will not exceed One Hundred Thousand Dollars ($100.000.00). The City will attempt to obtain the lowest practical price for such goods and services. B) Publication. At least twice per year, MRSC shall, on behalf of the City, publish in a newspaper of general circulation within the municipality's iurisdiction a notice of the existence of the vendor list roster and solicit the names of vendors for the vendor list roster. MRSC shall add responsible vendors to the vendor list roster at any time when a vendor completes the online application provided by MRSC, and meets minimum State requirements for roster listing. C) Telephone, Written, or Electronic Questions. The City shall use the following process to obtain telephone or written quotations from vendors for the purpose of materials, supplies, or equipment not connected to a public works project: 1) A written description shall be drafted of the specific materials supplies or equipment to be purchased, including the number, quantity, quality, and type desired, the Proposed delivery date, and any other significant terms of purchase.; 2) The City Manager, or his designee, shall make a good faith effort to contact at least three (3) of the vendors on the roster to obtain telephone or written quotations from the vendors for the required materials supplies or equipment Ordinance Amending PMC 14.11 - 5 3) The City Manager, or his desimee, shall not share telephone or written quotations received from one vendor with other vendors soliciting for the bid to provide the materials, supplies, or equipment. 4) A written record shall be made by the City Manager, or his designee, of each vendor's bid on the material, supplies, or equipment, and of any conditions imposed on the bid by such vendor. D) Determining the Lowest Responsible Bidder. The City shall purchase the materials, supplies, or equipment from the lowest responsible bidder, provided that whenever there is reason to believe that the lowest acceptable bid is not the best price obtainable, all bids may be reiected and the City may call for new bids. E) Award. All of the bids or quotations shall be collected by the City Manager, or his designee. The City Manager, or his designee, shall create a written record of all bids or quotations received, which shall be made open to public inspection or telephone inquiry after the award of the contract. Any contract awarded under this subsection need not be advertised. 1) The City Manager or his designee shall then present all bids or quotations and their recommendation for award of the contract to the City Council. The City Council shall consider all bids or quotations received, determine the lowest responsible bidder, and award the contract; or 2) The City Council delegates the authority to award bids to the City Manager for public works proiects costing less than or equal to One Hundred Thousand Dollars ($100.000.00), the City Manager shall have the authority to award public works contracts without City Council approval, provided that the City Council shall ratify the City Manager's approval at the next scheduled City Council meeting by means of the consent agenda. For public works proiects costing more than One Hundred Thousand Dollars ($100,000.00), the City Council shall award all public works contracts F) Posting. A list of all contracts awarded under these procedures shall be posted at the City of Pasco's main administrative offices once every two months. The list shall contain the name of the vendor awarded the contract, the amount of the contract, a brief description of the items purchased, and the date it was awarded. Section 3. That a new Section 14.11.030 of the Pasco Municipal Code entitled "Consulting Services Roster" shall be and hereby is adopted and shall read as follows: 14.11.030 CONSULTING SERVICES ROSTER. The following consulting services roster procedures are established for use by the City pursuant to RCW 39.80.030• A) Consulting Services. Consulting services are professional services that have a primarily intellectual output or product and include architectural and engineering services as defined in RCW 39.80.020. Ordinance Amending PMC 14.11 - 6 B) Publication. At least once a year, MRSC shall, on behalf of the City of Pasco, publish in a newspaper of general circulation within the municipality's Jurisdiction a notice of the existence of the consulting services roster and solicit the names of consultants for the consultive service roster. MRSC shall add responsible consultants to the consulting services roster at any time that a consultant completes the online application provided by MRSC, upload a Statement of Oualifications, and meets minimum State requirements for roster listing. C) Review and Selection of the Statement of Qualifications Proposals. The City shall use the following process to select the most qualified Architectural or Engineering firm off of the Consulting Services Roster to provide the required services: 1) The criteria of PMC 2.56 shall be considered in evaluating Architectural or Engineering firms for a given project. Such criteria shall also include a plan to insure that minority and women -owned firms and veteran -owned firms are afforded the maximum practicable opportunity to compete for and obtain public contracts for architectural or engineering services. The level of participation by minority and women - owned firms and veteran -owned firms shall be consistent with their general availability within the jurisdiction of the City. 2) The City Manager, or his designee, shall evaluate the written statements of qualifications and performance data on file with the City at the time that architectural or engineering services are required. 3) Such evaluations shall be based on the criteria established by the Citv Council. 4) The City Manager, or his designee, shall conduct discussions with one or more firms regarding anticipated concerts and the relative utility of alternative methods of approach for furnishing the required services. 5) The firm deemed most highly qualified by the agency to do the proiect will be selected. D) Award. 1) The City Council considers the proposal received and awards the contract; or 2) If the City Council delegates the authority to award project to the City Manager of the City of Pasco for consulting services costing less than or equal to One Hundred Thousand Dollars ($100,000.00), the City Manager shall have the authority to award contracts for consulting services without the City Council's approval, provided that the City Council shall ratify the City Manager's approval at the next scheduled City Council meeting by means of the consent agenda. For consulting services costing more than One Hundred Thousand Dollars ($100,000.00), the Citv Council shall award all contracts for consulting services Ordinance Amending PMC 14.11 - 7 Section 4. This Ordinance shall take full force and effect five (5) days after its approval, passage, and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided bylaw this /(Q day of 2016. Matt Watkins, Mayor A S: e ra L. Clark, ity Cler Ordinance Amending PMC 14.11 - 8 APP OV D AS TO FORM: Leland B. Kerr, City Attorney