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HomeMy WebLinkAbout3317• ORDINANCE NO. 3 317 AN ORDINANCE of the City Council of the City of Port Angeles, Washington, on the subject of a small works roster process. WHEREAS, RCW 39.04.155 and other laws regarding contracting for public works by municipalities, allow certain contracts to be awarded by a small works roster process; and WHEREAS, in order to be able to implement the small works roster process, the City of Port Angeles is required by law to adopt specific procedures; and WHEREAS, the City has contracted with and hereby is authorized to use the Municipal Research and Services Center of Washington (MRSC) for the City use of state wide electronic databases for small works roster and consulting services developed and maintained by MRSC. NOW, THEREFORE, the City Council of the City of Port Angeles do ordain as follows: Section 1. PAMC 3.05.080 and 3.05.090 are hereby repealed. Section 2. MRSC Rosters. The City has contracted with and hereby is authorized to use the Municipal Research and Services Center of Washington (MRSC) for the City use of state wide electronic databases for small works roster and consulting services developed and maintained by MRSC. In addition, paper and /or electronic rosters may be kept on file by appropriate City Departments. Section 3. Small Works Rosters. The following small works roster procedures are established for use by the City pursuant to RCW 39.04.155: • • • 1. 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. 2. Publication. At least once a year, on behalf of the City, MRSC 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 contractors shall be added to appropriate MRSC 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. 3. 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 a contractor who meets the mandatory bidder responsibility criteria in Section 3.05.050 of this Chapter. a) 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. b) 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 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. "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. If the estimated cost of the work is from one hundred thousand dollars ($100,000) to two hundred thousand dollars ($200,000), the City may choose to solicit bids from less than all the appropriate contractors on the appropriate small works roster but must 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: (i) publishing notice in a legal newspaper in general circulation in the area where the work is to be done; (ii) mailing a notice to these contractors; or (iii) sending a notice to these contractors by facsimile or e -mail. -2- • • c) 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; d) 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. 4. Limited Public Works Process. If a work, construction, alteration, repair, or improvement project is estimated to cost less than thirty -five thousand dollars($35,000), the City may award such a contract using the limited public works process provided under RCW 39.04.155 (3). For a limited public works project, the City will solicit electronic or written quotations from a minimum of three contractors from the appropriate small works roster and shall award the contract to the lowest responsible bidder as defined under RCW 39.04.010. After an award is made, the quotations shall be open to public inspection and available by electronic request. For limited public works projects, the City may waive the payment and performance bond requirements of Chapter 39.08 RCW and the retainage requirements of Chapter 60.28 RCW, thereby assuming the liability for the contractor's nonpayment of laborers, mechanics, subcontractors, materialmen, 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 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 5. Award. All of the telephone bids or quotations shall be collected and presented at the same time to the Council for consideration, determination of the lowest responsible bidder, and award of the contract. Section 4. Consulting Services Rosters. 1. 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. 2. Publication. At least once a year, on behalf of the City, MRSC shall publish in a newspaper of general circulation within the jurisdiction a notice of the existence of the consulting services roster or rosters and solicit statements of qualifications from firms providing consulting services. Such advertisements will include information on how to find the address and telephone number of a representative of the City who can provide further details as to the City's projected needs for consulting services. Firms or persons providing consulting services shall be added to appropriate MRSC roster or rosters at any time that they submit a written request and -3- • • necessary records. The City may require master contracts to be signed that become effective when a specific award is made using a consulting services roster. 3. Professional Architectural and Engineering Services. The MRSC Rosters will distinguish between professional architectural and engineering services as defined in RCW 39.80.020 and other consulting services and will announce generally to the public the City's projected requirements for any category or type of professional or other consulting services. The City reserves the right to publish an announcement on each occasion when professional services or other consulting services are required by the agency and to use paper and /or other electronic rosters that may be kept on file by appropriate City departments. Section 5 - Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of the scrivener's /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 6 - Severability. If any provisions of this Ordinance, or its application to any person or circumstances, are held invalid, the remainder of the Ordinance, or application of the provisions of the Ordinance to other persons or circumstances, is not affected. Section 7 - Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum. This ordinance shall take effect five days after its publication by summary. PASSED by the City Council of the City of Port Angeles, Washington, at its regular meeting on the 5th day of February, 2008. ATTEST: Becky J. U. isn, : ity C er PUBLISHED: February io , 2008 By Summary Gary ': raun, Mayo APPRfJVED AS TO FO William E. Bloor, City Attorney G:\Legal_ Backup\ ORDINANCES &RESOLUTIONS \ORDINANCES.2008 \02 - Small Works Roster.wpd (January 31, 2008) -4- Summaries of Ordinances Adopted by the Port Angeles City Council on February 5, 2008 Ordinance No. 3315 This Ordinance of the City of Port Angeles, Washington, amends the monthly EMS utility fee, effective February 15, 2008. Ordinance No. 3316 This Ordinance of the City of Port Angeles, Washington, amends Chapter 2.68 of the Port Angeles Municipal Code relating to the Utility Advisory Committee. Ordinance No. 3317 This Ordinance of the City of Port Angeles, Washington, relates to the small works roster process in that the City has contracted with the Municipal Research and Services Center of Washington (MRSC) to use state wide electronic databases for small works roster and consulting services developed and maintained by MRSC. The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m. Unless otherwise stated above, these Ordinances shall take effect five days following the date of publication by summary. Becky J. Upton, CMC City Clerk Publish: February 10, 2008