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HomeMy WebLinkAboutR-2005-129 Public Works Contracting / Small Works Roster Process / Yakima County Interlocal AgreementRESOLUTION NO. R-2005- 129 A RESOLUTION establishing procedures relating to public works contracting and to create a small works roster process to award public works contracts; and authorizing the City Manager to enter into an interlocal agreement with Yakima County or other agencies to utilize that agency's small works roster. WHEREAS, the Washington State Legislature in Chapter 138, Laws of 2000 and in Chapter 284, Laws of 2001, amended RCW 39.04.155 and other laws regarding contracting for public works by municipalities, allowing certain contracts to beawarded by a small works roster process; and WHEREAS, in order to be able to implement a small works roster processes, the City is required by law to adopt a resolution establishing specific procedures; and WHEREAS, it is the best interest of the City to have the ability to make use of a small works roster, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. The following small works roster procedures are established for use by the City pursuant to RCW 35.22.620 and chapter 39.04 RCW. 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. Number of Rosters. The City may create a single general small works roster, may create a small works roster for different specialties or categories of anticipated work, or may enter into interlocal agreements whereby the City may make use of the small works rosters of other municipalities as may be appropriate. Said small works rosters may make distinctions between contractors based upon different geographic areas served by the contractor. 3. Contractors on Small Works Roster(s). The small works roster(s) used by the City shall consist of all responsible contractors who have requested to be on the appropriate roster(s), and where required by law are properly licensed or registered to perform such work in this state. Contractors desiring to be placed on a roster or rosters must keep current records of any applicable licenses, certifications, registrations, bonding, 1 insurance, or other appropriate matters on file with the City, or the government entity whose roster the City has agreed to use, as a condition of being placed on a roster or rosters. 4. Publication. At least once a year, the City, or government entity whose roster the City has agreed to use, 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 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. An interlocal contract or agreement between the City and other local governments establishing a small works roster or rosters to be used by the parties to the agreement or contract must clearly identify the lead entity that is responaihle for implementing the small works raster provisions. 5. Electronic Rosters. In addition to paper and/or electronic rosters kept on file in the appropriate entity and department, the City may also use that state wide electronic database developed and maintained jointly by the Daily Journal of Commerce and the Municipal Research and Services Center of Washington. 6. 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 the lowest responsible bidder, as defined in RCW 43.19.1911(9), as follows: a) A contract awarded from a small works roster need not be advertised. Invitations for quotations shall inch irie an estimate of the arnne and nature of the work to be performed as well as materials and equipment to be fumished. However, detailed plans and specifications need not be included in the invitation. This paragraph does not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes. 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. If the estimated cost of the work is from One Hundred Thousand Dollars ($100,000.00) to Two Hundred Thousand Dollars ($200,000.00), the City may choose to solicit bids from Tess than all the appropriate contractors on the appropriate small works roster but must 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: (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 other electronic means. c) For purposes of this resolution, "equitably distribute" means that the City may not favor certain contractors on the appropriate small works roster over other 2 The City shall maintain a list of the contractors contacted and the contracts awarded during the previous twenty-four 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. Section 3. The City Manager is hereby authorized to execute an interlocal agreement with Yakima County or any other agency to utilize that agency's small works roster. ADOPTED BY THE CITY COUNCIL this 16th day of ATTEST: °< City Clerk -4 C` August , 2005. Paul P. George, Mayor 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 bid for the same project; d) A written record shall be made by the City representative of each contractors 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. 7. Determining Lowest Responsible 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. RCW 43.19.1911(9) states: "In determining "lowest responsible bidder", in addition to price, the following elements sttaII UM' 91WC11 ual!OVUM!cau%tll. (a) The ability, capacity, and skill of the bidder to perform the contract or provide the service required; (b) The character, integrity, reputation, judgment, experience, and efficiency of the bidder, (c) Whether the bidder can perform the contract within the time specked; (d) The quality of performance of previous contracts or services; (e) The previous and existing compliance by the bidder with laws relating to the contract or services; (f) Such other information as may be secured having a bearing on the decision to award the contract: 8. Award. The City Manager or his designee shall present all telephone quotations/bids dation d of th tract th lowest responsible bidder to the and recommendation for award the contract to the wncia� � caro. io.v. bidder ....-. City Council. However, for public works projects under Thirty Five Thousand Dollars ($35,000.00), 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 Managers approval at the next scheduled City Council meeting by means of a consent resolution. For public works projects over Thirty Five Thousand ($35,000.00), the City Council shall award all public works contracts by resolution. Section 2. If a work, construction, alteration, repair, or improvement project is estimated to cost Tess than Thirty Five Thousand Dollars ($35,000.00), the City may award such a contract using the limited public works process provided under RCW 39.04.155(3). For limited public works projects, 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 43.19.1911(9). 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 contractors behalf. COOPERATIVE PURCHASING AGREEMENT This agreement is made and entered into this - day of , 2005 between the City of Yakima ("City") and Yakima County ("County"). Pursuant to 39.34, the Interlocal Cooperation Act, the parties agree to a cooperative purchasing agreement for using a Shared Small Works Roster for a list of eligible public work contractors. The parties agree to the following: Shared Public Works Roster 1. Yakima County is the lead agency. 2. The City of Yakima may use the Shared Small Works Roster that has been established and maintained by Yakima County, to select contractors for public work jobs up to $200,000 in value or as otherwise limited by ordinance or law. The Shared Small Works Roster has been established for shared use by Yakima County and other public agencies. 3. Yakima County and the City of Yakima shall each be independently responsible for their own and the contractor's compliance with all additional or varying laws and regulations governing purchases, including all selection laws, retainage and bonds, prevailing wages, and any other requirements appropriate. 4. Yakima County shall advertise the Roster annually on behalf of itself and the City of Yakima, shall receive and review contractor applications, maintain the list of contractors, and make that list and the applications available to the City of Yakima. The City of Yakima shall be independently responsible to determine that the selected contractors are responsible contractors. Yakima County shall make an initial determination of responsibility, but this initial decision shall be for the convenience of the City of Yakima only and shall not constitute a decision of responsibility that Yakima County may be held liable for. It is instead the responsibility of the City of Yakima to determine responsibility in whatever manner that it feels is appropriate and consistent with applicable laws. 5. Yakima County and the City of Yakima shall each be independently responsible to conduct a quotation or bid process consistent with any ordinance, laws or requirements of their agency. 6. Yakima County and the City of Yakima shall each be independently responsible for issuing a contract and/or purchase order directly to the awarded contractor(s). 7. Yakima County does not accept responsibility or liability for the performance of any contractor used by the City of Yakima as a result of this Agreement. -1- 8. Each agency shall be independently responsible for any payments directly to any contractor that is employed as a result of this Agreement. 9. The parties mutually agree to indemnify and hold harmless each other, their officers, employees and agents from any and all claims, actions, costs, damages and expenses of any nature arising out of their own negligence. This Agreement shall remain in force until terminated upon written notice by either party. CITY OF YAKIMA R.A. Zais, Jr., City Manager Date: CV9A S Date: YAKIMA COUNTY 2,z4 c>6,,c, Chairman, Board of County Commissioners ATTEST: ATTEST: Karen Roberts, City Clerk Sandra J. Acosta OW ; No. iDb �S County ContractrNo._ Deputy Clerk of the Board Resol�uTtt g-010),....79 Resolutio n ,e;s, v, _ -2- ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of August 16, 2005 Adoption of Resolution to Create a Small Works Roster and process for use in procuring small public works in a timely manner and authorizing the City Manager to execute an Interlocal Agreement with Yakima County. SUBMI1"tbD BY: William Cook, Dept of Community and Economic Development CONTACT PERSON/TELF.PHONE:K. Wendell Adams, P.E., City Engineer Engineering Division Manager / 575-6111 SUMMARY EXPLANATION: The formation of a Small "Works Roster is provided under State code pursuant to RCW 35.22.620 and chapter 39.04 RCW. In order to be able to implement a Small Works Roster processes, the City is required by law to adopt a resolution establishing specific procedures. Adopting this process by resolution is the intent. City staff intends to use the Small Works Roster established by Yakima County to supplement our policy of using this method of procuring work The County will be responsible to update and keep the Small Works Roster current This is another example of combining our resources on a Regional level. This will benefit both the City and County. Resolution X Ordinance _ Contract X Other (Specify) Funding Source APPROVED FOR SUBMITTAL: � City Manager STAFF RECOMMENDATION: Adopt the attached resolution forming the Small Works Roster and authorize the City Manager to execute an Interlocal Agreement with Yakima County for resource sharing with their Small Works Roster as allowed in State Code. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2005-129