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,
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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
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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
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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.
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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
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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