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HomeMy WebLinkAboutR-2369 - On the subjects of establishing a small public works roster process to award public works contracts, a consulting services roster for architectural, eCITY OF MARYSVILLE Marysville, Washington Resolution No . .)3l ~ A RESOLUTION OF THE CITY COUNCIL OF MARYSVILLE, WASHINGTON , ON THE SUBJECTS OF ESTABLISHING A SMALL PUBLIC WORKS ROSTER PROCESS TO AWARD PUBLIC WORKS CONTRACTS, A CONSUL TING SERVICES ROSTER FOR ARCHITECTIURAL, ENGINEERING, AND OTHER PROFESSIONAL SERVICES , AND A VENDOR ROSTER FOR GOODS AND SERVICES NOT RELATED TO PUBLIC WORKS CONTRACTS. 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 , Ch. 39.80 RCW and other laws regarding contracting for consulting services by municipalities allow certain contracts to be awarded by a consultant roster process; and WHEREAS, RCW 39 .04.190, regarding purchase of materials, supplies, or equipment not connected to a public works project, allows certain purchasing contracts to be awarded by a vendor roster process; NOW, THEREFORE, BE IT RESOL YEO BY THE CITY COUNCIL OF MARYSVILL E, WASHINGTON, AS FOLLOWS: Section 1. Section 2. Section 3. Resolution No. 2312 is hereby repealed. MRSC Rosters. The City has contracted with the Municipal Research and Services Center of Washington (MRSC) to have their official rosters hosted in the on line database for City use for small public works contracts, consulting services, and vendor services developed and maintained by MRSC through MRSC Rosters and the Mayor is authorized to sign that contract. Small Public Works Roster. The following small works roster procedures are established for use by the City pursuant to RCW 39 .04.155 : I. Cost. The City need not comply with formal sealed bidding procedures for the construction, building, renovation , remodeling, alteration, repair, or improvement ofreal property where the estimated cost does not exceed Three Hundred Thousand Dollars ($300,000.00), which includes the costs of labor, material, equipment, sales, or use taxes as applicable. Instead, the City may use the Small Public Works Roster procedures for public works projects as set forth in this Resolution. 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 max imum dollar amount of a contract that may be let using the small works roster process . 2. Publication. At least once a year, MRSC shall , on behalf of the City, publish in a newspaper of general circulation within the municipality's jurisdiction a notice of the existence ofthe small works roster and solicit the names of contractors for the small works roster. MRSC shall add responsible contractors to the small works roster at any time that a contractor completes the online application provided by MRSC, and meets minimum State requirements for roster listing. 3. Telephone, 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 39.04.350(1 ). The City may establish supplementary bidder criteria under RCW 39.04.350 (2) to be considered in the process of awarding a contract. a) A contract awarded from a small works roster will 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 and fifty thousand dollars ($150 ,000) to three hundred thousand dollars ($300,000), 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 email. 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, material men, 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 Determining Lowest Responsible Bidder. The City Council 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 licensed contractor who meets the mandatory bidder responsibility criteria established by Chapter 133 , Laws of 2007 (SHB 2010) and who meets any supplementary bidder responsibly criteria established by the City. 6 . Award. All of the bids or quotations shall be collected by the Mayor or his designee. Section 4. a) The Mayor 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 b) If the City Council delegates the authority to award bids to the Mayor of the City for public works projects costing less than $35,000 , the Mayor shall have the authority to award public works contracts without City Council approval. For public works projects costing more than or equal to $35,000 the City Council shall award all public works contracts. Consulting Services Roster. The following consulting services roster procedures are established for use by the City pursuant to RCW 39.80.030: 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, MRSC shall, on behalf of the City , publish in a newspaper of general circulation within the municipality 's jurisdiction a notice ofthe existence of the consulting services roster and solicit the names of consultants for the consulting services 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 Qualifications, and meets minimum State requirements for roster listing. 3. Review and Selection of the Statement of Qualifications Proposals. The City shal 1 use the following process to select the most highly qualified Architectural or Engineering firm off of the Consulting Services Roster to provide the required services: a) Establish criteria for each Statement of Qualifications that the Mayor, or their designee, must consider in evaluating Architectural or Engineering firms for a given project. Such criteria shall 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 of Marysville. b) The Mayor, or their 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; c) Such evaluations shall be based on the criteria established in the Statement of Qualifications; and d) The Mayor, or their designee, shall conduct discussions with one or more firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services. e) The firm deemed most highly qualified by the City to do the project will be selected. 4. Award. Section 5. a) The City Council considers the proposal received and awards the contract; or b) If the City Council delegates the authority to award projects to the Mayor of the City for consulting services costing less than $35,000, the Mayor shall have the authority to award contracts for consulting services without City Council approval. For consulting services costing more than or equal to $35,000 the City Council s hall award all contracts for consulting services. Vendor List Roster. The following vendor list roster procedures are established for use by the City pursuant to RCW 39.04.190: I . 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 project where the cost will not exceed $50,000. The City will attempt to obtain the lowest practical price for such goods and services. 2. Publication. At least twice per year, MRSC shall, on behalf of the City, publish in a newspaper of general circulation within the municipality 's jurisdiction 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. 3 . Telephone, Written, or Electronic Quotations. The City shall use the following process to obtain telephone or written quotations from vendors for the purchase of materials, supplies, or equipment not connected to a public works project: a) 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 ; b) The Mayor, or 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; c) The Mayor, or designee, 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; d) A written record shall be made by the Mayor, or designee, of each vendor's bid on the material, supplies, or equipment, and of any conditions imposed on the bid by such vendor; 4. 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 rejected and the City may call for new bids . 5 . Award. All of the bids or quotations shall be collected by the Mayor or des ignee . The Mayor, or 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. a) The Mayor, or designee, s hall 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 b) If the City Council delegates the authority to award bids to the Mayor of the City for materials, supplies, or equipment costing less than $35 ,000, the Mayor shall have the authority to award public works contracts without City Council approval. For materials , supplies, or equipment costing $35 ,000 and over, the City Council shall award all vendor contracts . 6. Posting. A li st of all contracts awarded under these procedures s hall be posted at the City '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. PASSED by the City Council and APPROVED by the Mayor this 'f> day of Jkcevr1lr<1o-i 4. ApriJO rien, Deputy dfy Clerk APPROVED AS TO FT\M: r:J r-kk-\JJ.9Jc:Y Grant K. Weed, City Attorney