ORD 96-17 SMALL WORKS ROSTER LISTORDINANCE NO. 96-17
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to the City's procedures for acquiring architectural and
engineering services and for small works rosters and vendor lists;
amending Sections 3.72.030B, 3.72.080, 3.72.090, 3.72.100, and
3.72.120 of the Bainbridge Island Municipal Code.
WHEREAS, Chapter 39.80 RCW sets forth procedures for contracting for architectural
and engineering services which the City follows; and
WHEREAS, RCW 35A.40.210, 35.23.352, 39.04.155 and 39.04.190 authorized the
City's use of sinall works rosters and vendor lists to award purchase contracts to entities on the
rosters and lists without the requirements of formal bidding; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN as follows:
Section 1. Section 3.72.080 of the Bainbridge Island Municipal Code is amended as
follows:
A. Once each calendar year, the city shall publish an announcement stating
its projected requirements for certain categories or types of professional services.
The announcement shall state the general scope and nature of the anticipated
project(s) or work and the address of the city representative who can provide
further details. For purposes of this section, "professional services" shall have
the meaning stated in RCW 39.80.020(5).
B. If the city requires any professional services not contained in the city 's
annual announcement, the city shall publish additional announcements on each
occasion. An additional announcement for professional services shall be
published not less than once in a newspaper not less than two weeks prior to the
closing date for receipt of requests for qualifications.
C. In the procurement of professional services, the city shall encourage firms
engaged in the lawful practice of their profession to submit annually a statement
of qualifications and performance data.
D. Firms responding to the city's annual announcement or any other
announcement shall submit to the director of public works:
1. A proposed scope of services;
2. Performance data; and
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3. A letter of interest that shall include statements regarding the
availability of the f'nTn to complete the work within the stated time period,
current references, the firm's insurance coverage, the firm's financial
stability.
E. The city shall evaluate current statements of qualifications and
performance data on file with the city, together with those that may be submitted
by other firms regarding a proposed project, and shall conduct discussions with
one or more firms regarding anticipated concepts and the relative utility of
alternate methods of approach for furnishing the required services.
F. Following the discussions with the firms, the city shall select from those
firms, based on criteria and guidelines established by the director of public
works, the firm deemed to be the most highly qualified to provide the services
required. The criteria and guidelines established by the director of public works
shall include a plan to insure that minority and women-owned firms are afforded
the maximum practicable opportunity to compete for and obtain public contracts
for services. The level of participation by minority and women-owned firms shall
be consistent with their general availability within the professional communities
involved.
G. After the city has determined the fn'm most highly qualified to provide the
services required, the city shall negotiate a contract with that firm for the services
at a price which the city determines to be fair and reasonable to the city. In
making its determination, the city shall take into account the estimated value of
the services to be rendered, as well as the scope, complexity, and professional
nature of the services. If the city is unable to negotiate a satisfactory contract
with the firm selected at a price that the city determines is fair and reasonable,
the city shall formally terminate negotiations with that firm, select other firms in
accordance with this section, and continue in accordance with this paragraph until
an agreement is reached or the city terminates the process.
H. Once a satisfactory contract has been negotiated, the city council will
review and approve the contract prior to execution of the contract by the mayor.
I. The city is not required to comply with this section when the city makes
a finding in accordance with any applicable code section or other law that an
emergency requires the immediate execution of the work involved.
Section 2. Section 3.72.090 of the Bainbridge Island Municipal Code is amended as
follows:
In the event of an emergency such that the public interest or property of the city
would suffer injury or damage by delay, the mayor may, upon declaring the
existence of such emergency and reciting the facts constituting the same, waive
the requirements for competitive sealed bids. The city administrator shall report,
in detail, such emergency expenditures to the city council within seven days of
DOC S \94700\ 106\0112097.02 2
declaring the emergency and shall submit a written determination of the basis for
the emergency and for the selection of the particular contractor or vendor.
Section 3. Section 3.72.100 of the Bainbridge Island Municipal Code is amended as
follows:
A. A small works roster is established to be maintained by the city which
shall consist of all responsible contractors who have requested to be on the roster
and who are properly licensed to work in the state and in the city.
B. At least twice each year, the director of public works or the director' s
designee shall cause notice of the existence of the small works roster to be
published in a newspaper of general circulation within the city. The notice shall
solicit the names of the contractors for the small works roster.
Section 4. Section 3.72.120 of the Bainbridge Island Municipal Code is amended as
follows:
Whenever a public works project with an estimated cost of $100,000 or less is
done by contract and the city uses the small works roster:
A. The director of public works or the director's designee shall secure
telephone or written quotations, or both, from the appropriate contractors on the
roster. Whenever possible, the city shall invite at least five contractors to submit
quotations. In addition, whenever possible, the city shall invite at least one
woman or minority contractor, who is otherwise qualified, to submit a quotation.
The city may invite all appropriate contractors on the roster to submit quotations.
Once a contractor has been afforded an opportunity to submit a quotation, that
contractor shall not be offered another opportunity until all other appropriate
contractors on the roster have been afforded an opportunity to submit a quotation
on a contract.
B. The city's invitation for quotations shall include an estimate of the scope
and nature of the work to be performed, and the materials and equipment to be
furnishedl-._
C. The city shall award the contract to the lowest responsible bidder.
D. Immediately after an award of a contract is made, the director of public
works or the director's designee shall record the bid quotations obtained for the
contract. The bid quotations shall be open to public inspection and available to
the public by telephone inquiry.
E. The director of public works or the director's designee shall post a list of
the contracts awarded using the small works roster at least once every two
months. The list shall contain the names of the contractors awarded the
contracts, the amount of the contracts, a brief description of the type of work
DOCS\94700\106\0112097.02 - 3 -
performed under the contracts, the dates that the contracts were awarded, and the
location where the bid quotations for the contracts are available for public
inspection.
Section 5. Paragraph B of Section 3.72.030 of the Bainbridge Island Municipal Code
is amended as follows:
B. Informal bids - Special procedures up to $15,000. For the acquisition of
materials, equipment, supplies or services with a reasonably anticipated cost of
more than $7,500 and less than $15,000, the city may use the vendor list process
set forth in this paragraph without a formal call for bids and advertising.
1. The city shall establish vendor lists for the award of contracts for
the purchase of materials, equipment, sapplies, or services with an
estimated cost of more than $7,500 and less than $15,000. At least twice
each year, the city clerk shall cause a notice of the existence of the vendor
lists to be published in a newspaper of general circulation within the city.
The notice shall solicit the names of vendors for the lists.
2. The director of finance or the director's designee shall secure
telephone or written quotations from at least three different vendors
whenever possible. The purchase contracts shall be awarded to the lowest
responsible bidder.
3. Immediately after the award of the purchase contract is made, the
bid quotations obtained shall be recorded and open to public inspection
and shall be available by telephone inquiry.
4. The city clerk shall post a list of the contracts awarded using the
vendor lists at least once every two months. The list shall contain the
names of vendors awarded contracts, the amount of the contracts, a brief
description of the items purchased under the contracts, the dates that the
contracts were awarded, and the location where the bid quotations for the
contracts are available for public inspection.
Section 6. This ordinance shall take effect and be in force five days after its passage,
approval, and publication as required by law.
PASSED BY THE CITY COUNCIL this 6th day of June
,1996.
APPROVED BY THE MAYOR this 7t:h day of June
,1996.
Janet K. West, Mayor
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ATTEST/AUTHENTICATE:
City Clerk
APPROVED AS TO FORM:
City Attorney
FILED WITH THE CITY CLERK: May 10,
PASSED BY THE CITY COUNCIL: June 6,
PUBLISHED: June 12, 1996
EFFECTIVE DATE: June 17, 1996
ORDINANCE NO.: 96-17
1996
1996
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