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
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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