HomeMy WebLinkAboutOrdinance No. 0822CITY OF MEDINA
ORDINANCE NO. 822
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON, ESTABLISHING A SMALL WORKS ROSTER PROCESS TO
AWARD PUBLIC WORKS CONTRACTS; ESTABLISHING A CONSULTING
SERVICES ROSTER FOR ARCHITECTURAL, ENGINEERING AND OTHER
PROFESSIONAL SERVICES; REPEALING CHAPTER 2.64; AND ESTABLISHING
AN EFFECTIVE DATE.
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 small works roster processes, the City of
Medina is required by law to adopt a resolution establishing specific procedures;
WHEREAS, RCW 39.80.030 requires that an agency publish in advance that agency's
requirement for professional services and that one of the ways to accomplish that
notification is to announce generally to the public its projected requirements for any
category or type of professional services and request qualification statements to be kept
on file with the agency,.
THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Chapter 2.64 of the Medina Municipal Code is hereby repealed.
Section 2. MRSC Rosters.
The City of Medina has contracted with the Municipal Research and Services Center of
Washington (MRSC) to adopt for City of Medina use those 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 of Medina departments.
Section 3. Small Works Rosters.
The following small works roster procedures are established for use by the City of
Medina pursuant to RCW 39.04.155:
1. Cost. The City of Medina 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 riot 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 of Medina 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, the City of Medina, on its own or through 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 City or MRSC roster or
rosters at any time that they submit a written request and necessary records. The City
of Medina 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 of Medina 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) and may establish supplementary bidder criteria under RCW
39.04.350 (2)
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 of Medina 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 of Medina 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 of Medina 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 of Medina 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 of Medina 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 of Medina 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 of
Medina 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 of Medina 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 of Medina shall have the right of recovery against the contractor for
any payments made on the contractor's behalf.
The City of Medina 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 or designated City
official shall award the contract for the public works project to the lowest responsible
bidder provided that, all bids may be rejected and the City may call for new bids. A
responsible bidder shall be a registered and/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 of Medina.
6. Award. The City Manager shall be authorized to award and execute contracts in
accordance with Chapter 2.66 MMC.
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, the City of Medina on its own or acting through
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 of Medina who can provide further details as to the City of Medina's projected
needs for consulting services. Firms or persons providing consulting services shall be
added to appropriate roster or rosters at any time that they submit a written request and
necessary records. The City of Medina 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 and City
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 of Medina's projected requirements for any category or type of
professional or other consulting services. The City of Medina 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 of Medina departments.
PASSED this 1#h day of December, 2007 and signed in authentication of its passage
this 1Qth day of December, 2007.
Approved as to form:
Wayne naka, City Attorney
Passed:
12/10/2007
Published:
Ti ZOD�-
Eff Date:
Z Zob
Miles R. Adam, Mayor
Attest:
chel Baker, City Clerk