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HomeMy WebLinkAboutRES 4029CITY OF RENTON, WASHINGTON RESOLUTION NO. 4029 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING A SMALL PUBLIC WORKS ROSTER PROCESS TO SOLICIT PUBLIC WORKS PROJECT BIDS FOR CONTRACTS ESTIMATED TO COST LESS THAN THREE HUNDRED THOUSAND DOLLARS ($300,000) AND A LIMITED PUBLIC WORKS PROCESS FOR BIDS ESTIMATED TO COST LESS THAN THIRTY-FIVE THOUSAND DOLLARS ($35,000). 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 is required by law to adopt legislation establishing specific procedures; and WHEREAS, the City has an Interlocal Agreement with eCityGov Alliance (hereinafter "eCity") that allows the City to use the Small Works Roster established by eCity; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I. The above recitals are found to be true and correct in all respects. SECTION II. The use of a Small Public Works Roster is hereby authorized, using the following process: A. Small Public Works Roster. The following small works roster procedures are established for use by the City pursuant to RCW 39.04.155: 1. Eligible Project Cost Threshold. 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 three hundred RESOLUTION NO. 4029 thousand dollars ($300,000), which includes the costs of labor, material, equipment and sales and/or use taxes as applicable. Instead, the City may use the Small Public Works Roster procedures. 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, or eCity on behalf of the City, 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 eCity Roster(s) at any time that they submit a written request and necessary records. 3. Quotations. The City shall obtain electronic and/or written 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 who meets the mandatory bidder responsibility criteria in RCW 39.04.350(1) and the supplementary bidder criteria under RCW 39.04.350(2), if any are established. a. A contract awarded from a small works roster need not be advertised. b. 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. c. 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 (5) contractors on the appropriate small works roster who have indicated the capability of RESOLUTION NO. 4029 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 City chooses to solicit bids from less than all the appropriate contractors on the appropriate small works roster and the estimated cost of the work is from one hundred and fifty thousand dollars ($150,000) to three hundred thousand dollars ($300,000), then the City, or eCity, 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: (1) publishing notice in a legal newspaper of general circulation in the City, (2) mailing a notice to these contractors, or (3) sending a notice to these contractors by facsimile or other electronic means, including email based on the email addresses provided by these contractors to the eCity database. d. At the time quotes are solicited, the City representative shall not inform a contractor of the terms or amount of any other contractor's quote for the same project. e. 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. RESOLUTION NO. 4029 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 (3) 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. a. 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, materialpersons, 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. b. The City shall maintain a list of the contractors contacted and the contracts awarded during the previous twenty-four (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. c. The City shall attempt to distribute opportunities for limited public works projects equitably among contractors who are willing to perform projects in the City. RESOLUTION NO. 4029 5. Determining Lowest Responsible Bidder. A responsible bidder shall be a registered and/or licensed contractor who meets the mandatory bidder responsibility criteria established by RCW 39.04.350(1) and who meets any supplementary bidder responsibly criteria established by the City. B. Award. The City 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. C. Posting. A list of all contracts awarded under these procedures shall be posted on the City's website. Departments using these processes shall post the award within two (2) weeks of such awards. The posted information shall contain the name of the contractor/vendor awarded the contract, the amount of the contract, the name or a brief description of the items purchased, and the date the contract was awarded. PASSED BY THE CITY COUNCIL this 14th day of December 2009. Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 14th day of December 2009. Denis Law, Mayor Approvals to form: Lawrence J. Warren, City Attorney RES:1433:12/2/09:scr