HomeMy WebLinkAbout4489 ORDINANCE NO. 4489
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending various sections
of Chapter 3.70 of the Kent City Code, entitled
"Public Contracting and Procurement" to implement
changes to the small works roster process previously
adopted by the Washington State Legislature, which
take effect July 1, 2024.
RECITALS
A. The Washington State Legislature passed Second Substitute
Senate Bill 5268 in 2023. This Bill makes various changes to the small works
process, which allows the City to contract for public works projects with
estimated costs of $350,000 or less by inviting contractors on a roster to
submit a quote on a project. Most portions of this bill become effective on
July 1, 2024.
B. A small works roster is a list of contractors who have indicated
their interest in performing certain types of public works, allowing the City
to more efficiently procure their services on certain projects within the limits
allowed under state law. The Bill designates the Municipal Research and
Services Center's ("MRSC") roster as the official statewide roster which will
be updated to improve access for contractors and cities and to accommodate
1 Amend KCC 3.70 -
Re: Public Contracting and Procurement
these changes to the small works process. The City has used this roster in
the past for multiple small works projects.
C. This Bill allows cities to directly negotiate with certain
contractors on the applicable roster for projects estimated to cost under
$150,000. To avoid favoritism and to ensure proper rotation of contractors,
City staff must establish a publicly available small business rotation policy.
City staff must also establish a small, minority, women, and veteran-owned
business utilization plan.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment - KCC 3.70.030. Section 3.70.030 of the
Kent City Code entitled "Definitions", is amended as follows:
Sec. 3.70.030. Definitions. The following words, terms, and
phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different
meaning:
A. Contract shall mean a formal written contract, purchase order, lease,
verbal agreement, or cash or credit purchase from a wholesaler, retailer,
dealer, vendor, consultant, contractor, or other similar transaction. Grants,
bequests, and other donations or gifts that generate revenue or that
represent or are conditioned on the pledge, use, or other impairment of a
city asset or dedication of city resources are also contracts and are subject
to the specific provisions of this chapter. Purchases or work shall not be split
2 Amend KCC 3.70 -
Re: Public Contracting and Procurement
into smaller, separate contracts to avoid either the competitive bidding or
authorization requirements set forth in this chapter.
B. Director shall mean any director of a city of Kent department and shall
include the position of chief administrative officer.
C. Public work shall have the same meaning as provided in RCW
39.04.010, as the same may later be amended. Generally, a public work is
any work, construction, alteration, repair, or improvement to a public facility
that is performed at the city's expense, other than ordinary maintenance.
This definition applies to all city departments, not just the city's public works
department. Ordinary maintenance when performed by contract, while not
a public work, may be subject to prevailing wages.
D. Purchase refers to materials, supplies, equipment, or services
procured by the city, either for ownership or lease, that will not be part of a
public work.
E. Small business shall have the same meaning as provided in RCW
39 04 010 as the same may later be amended Generally, a small business
includes a business that the state Office of Minority and Women's Business
Enterprises has identified as meeting certification criteria for size,
ownership control and personal net worth.
SECTION 2. - Amendment - KCC 3.70.120. Section 3.70.120 of the
Kent City Code entitled "Small works roster - Finding and authorization for
establishment", is amended as follows:
Sec. 3.70.120. Small works roster - Finding and authorization
for establishment. The city council finds that the small works roster
3 Amend KCC 3.70 -
Re: Public Contracting and Procurement
provisions provided for in RCW 39.04.151 et seg.-S would provide an
efficient process for the award and construction of small public works
projects within the city of Kent. Toward that end, this Part 3 authorizes staff
to establish a small works roster procedure for public works pursuant to RCW
35A.40.210, 35.23.352, and 39.04.151 et sea.-S., as the same may be later
amended.
SECTION 3. - Amendment - KCC 3.70.130. Section 3.70.130 of the
Kent City Code entitled "Contract cost of $350,000 or less", is amended as
follows:
Sec. 3.70.130. Contract cost of $350,000 or less. For those
public works that would otherwise require advertised bids, but the estimated
cost of the complete work, excluding� any applicable sales tax, is
$350,000 or less, or the current statutory limit provided for in RCW
39.04.152-5, the city need not comply with formal sealed bidding procedures
for the construction, building, renovation, remodeling, alteration, repair, or
improvement of real property. Instead, the city may use the small works
roster procedure for public works as set forth in this Part 3. The splitting of
any public work into units or accomplishing any public work 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.
The small works roster process provided for in this Part 3 is an option
available to city staff at the discretion of the director. For any qualified public
work, advertised bids in accordance with KCC 3.70.090(B) may always be
utilized. Similarly, the small works roster process may also be utilized, at
the discretion of the director, in lieu of the process set forth in KCC
3.70.090(A) through (C).
4 Amend KCC 3.70 -
Re: Public Contracting and Procurement
SECTION 4. - Amendment - KCC 3.70.150. Section 3.70.150 of the
Kent City Code entitled 'Contractors listed on small works roster", is
amended as follows:
Sec. 3.70.150. Contractors listed on small works roster. A small
works roster shall consist of all responsible contractors who have requested
to be on the roster and, where required by law, are properly licensed or
registered to perform such work in this state. As may be requested by city
staff, contractors desiring to be placed on a roster must keep current records
of any applicable licenses, certifications, registrations, bonding, insurance,
or other appropriate matters on file with the city as may be made a condition
of being placed on a roster. The city shall require contractors desiring to be
placed on the roster to indicate if they meet the definition of women and
minority-owned business as described in RCW 39.19.030(7)(b), veteran-
owned business as defined in RCW 43.60A.010 or small business as defined
in RCW 39.04.010.
SECTION 5. - Amendment - KCC 3.70.160. Section 3.70.160 of the
Kent City Code entitled "Publication", is amended as follows:
Sec. 3.70.160. Publication. At least once a year, the city shall
publish a notice of the existence of the roster and solicit the names of
contractors for the roster. This solicitation shall be published in either the
city's designated official newspaper, or in another newspaper of general
circulation that the city determines is most likely to result in contractor
responses. The city shall also notify the directory of contracting firms
certified by the state office of minority and women's business enterprises of
the existence of this roster. Responsible contractors shall be added to the
appropriate roster at any time that they submit a written request and any
5 Amend KCC 3.70 -
Re: Public Contracting and Procurement
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.
SECTION 6. - Amendment - KCC 3.70.170. Section 3.70.170 of the
Kent City Code entitled "Electronic rosters", is amended as follows:
Sec. 3.70.170. Electronic rosters. In addition to paper and/or
electronic rosters kept on file with the city, the city may also use the state-
wide electronic small works roster database developed and maintained by
MRSC, or the city may contract with another public agency to maintain a
shared small works roster that conforms to the requirements of RCW
39.04.151s-.. and RCW 39.04.152.
SECTION 7. - Amendment - KCC 3.70.180. Section 3.70.180 of the
Kent City Code entitled 'Telephone or written quotations", is amended as
follows:
Sec. 3.70.180. Telephone or written quota mensInviting bids
and direct contracting. For those public works projects where the small
works roster is utilized, the city shall obtain telephone, written, or electronic
quotations or bids for public works projects 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 39.04.010 and 39.04.350, as follows:
A. Content of invitation forbid/quote. Work awarded to a contractor 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. This section does
i
6 Amend KCC 3.70 -
Re: Public Contracting and Procurement
not eliminate other requirements for architectural, engineering, or land
surveying approvals as to quality and compliance with building codes, or any
statutory bonding, retainage, and prevailing wage provisions.
B. Inviting bids.
1 The city may invite bids under a small works roster by notifying
all contractors on the applicable roster that have indicated interest in
performing work in the applicable geographical area,
B. Nuffiber of required invitat4ens.
- least five
I -e FesteF. if there are less than five EeRtFaeteF-S
on the appr-epriate small works FesteF, quotations must be invited freng al4
ntr- ete
to the FeqHiFemei9t of subseetien (B)(I) of this seetien, of the estimated Ee
"he appfe-pFiat
7 Amend KCC 3.70 -
Re: Public Contracting and Procurement
a. Publishing netiee in a legal newspapeF
,.' I t'en the h the rli is ty bL uvii%,
theF I et.- .,an.&
2G. . Invited contractors who
are interested in the solicited work should respond within the time and by
the manner declared by the city in the invitation. Failure to timely or properly
respond may result in the contractor's bid being rejected.
3 The city may then contract by reviewing these bids to assure
that a competitive price is established and to award contracts_ to the
responsible bidder with the lowest responsive bid.
C. Direct Contractinq - Less Than $150 000 For small public works
projects with an estimated cost less than $150 000 excluding any applicable
sales tax the city may choose to directly contract without a competitive
process as follows:
1 If there are six or more contractors meeting the definition of
small business on the applicable roster, the city must directly contract with
one of those small businesses on the applicable roster that have indicated
interest in performing work in the applicable geographical area.
2 If there are five or less contractors meeting the definition of
small business on the applicable roster, the city may direct contract with any
contractor on the applicable roster that have indicated interest in performing
work in the applicable geographical area.
3 The city must rotate through the contractors on the appropriate
small works roster and must when qualified contractors are available from
the roster who may perform the work or deliver the services within the
budget described in the notice or request for proposals utilize different
contractors on different projects To this end the City shall establish a small,
g Amend KCC 3.70 -
Re: Public Contracting and Procurement
minority, women and veteran-owned business utilization plan and establish
a publicly available contractor rotation plan prior to using direct contracting.
4 The city must notify small minority, women or veteran-owned
businesses on the applicable roster when direct contracting is utilized.
Annually, the city must post a list of small works contracts awarded and
contractors contacted for direct negotiation pursuant to RCW 39.04.200.
D. Bid bond - Optional at director's discretion. A contractor's bid,
solicited under the small works roster process provided for in this Part 3,
need not include, at the discretion of the director, a bid bond as required by
RCW 35.23.352. All other bonding, retainage, and prevailing wage
provisions applicable to public works projects apply to contracts entered into
under the small works roster process, except that the city may reduce or
waive retainage requirements set forth in RCW 60.28.011(1)(a). Notice of
any reduction or waiver shall be included in any bid solicitation.
E. Written record. The city shall maintain a written record 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, publicly available and available by request
leE*r-e^ie -eq est'. Nothing in this section is intended to supplant the city's
duties and obligations under the Public Records Act.
SECTION 8. - Amendment - KCC 3.70.190. Section 3.70.190 of the
Kent City Code entitled "Determining lowest responsible bidder", is amended
as follows:
Sec. 3.70.190. Determining lowest responsible bidder. Except
for those projects awarded through direct contracting, tThe city shall award
9 Amend KCC 3.70 -
Re: Public Contracting and Procurement
the contract for the public works project to the lowest responsible bidder on
the small works roster; 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 may call for new bids under the small works roster.
A responsible bidder will be a contractor who meets the mandatory
requirements of RCW 39.04.350(1) and any supplemental bidder
responsibility criteria established for the project under RCW 39.04.350(2)
and KCC 3.70.090(B)(2), as amended.
SECTION 9. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this ordinance
and the same shall remain in full force and effect.
SECTION 10. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering; or
references to other local, state, or federal laws, codes, rules, or regulations.
SECTION 11. - Effective Date. This ordinance shall take effect and
be in force thirty days from the time of final passage as provided by law.
However, the changes adopted through this ordinance shall apply beginning
July 1, 2024.
May 21, 2024
DANA RALPH, MA O Date Approved
10 Amend KCC 3.70 -
Re: Public Contracting and Procurement
ATTEST:
"�J� I May 21, 2024
KIMBERLEY �.,�OMOTO, CITY ERK Date Adopted
May 24, 2024
Date Published
APP O ED AS TO FORM:
T VWITE, CITY ATTORNEY
':u, passo ap _
L<�
�br 1
n
11 Amend KCC 3.70 -
Re: Public Contracting and Procurement
Kent Reporter
Affidavit of Publication
State of Washington}
County of King } ss
Rudi Alcott being first duly sworn, upon oath
deposes and says: that he/she is the legal
representative of the Kent Reporter a weekly
newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a weekly newspaper in
King County, Washington and is and always
has been printed in whole or part in the Kent
Reporter and is of general circulation in said
County, and is a legal newspaper, in accordance
with the Chapter 99 of the Laws of 1921, as
amended by Chapter 213, Laws of 1941, and
approved as a legal newspaper by order of the
Superior Court of King County, State of
Washington, by order dated June 16, 1941, and
that the annexed is a true copy of KEN996498
ORDS 4489-4491 as it was published in the
regular and entire issue of said paper and not as
a supplement form thereof for a period of 1
issue(s), such publication commencing on
05/24/2024 and ending on 05/24/2024 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount of the fee for such ublication is
$157.17.
S b ibed and sworn before me on this
day of
N.OTA R Y =
otary P Iic in and for the State of PUB-Or, .Q
.-
N shi tun. ' •*"
C .wit", �
C'ily oCK-I,Ci15('I,,k-LEGAL A DS 150431431
AIM A()A1(1TO Imo/ Of
WAO
11111119;1 1 WO,''
Classified Proof
CITY OF KENT
NOTICE OF
ORDINANCES
PASSED BY THE KENT
CITY COUNCIL
The following are sum-
maries of ordinances
passed by the Kent City
Council May 21,2024.
ORDINANCE NO. 4489
-AN ORDINANCE of the
City Council of the City
of Kent, Washington,
amending various sec-
tions of Chapter 3.70 of
the Kent City Code,enti-
tled
"Public Contracting and
Procurement" to imple-
ment changes to the
small works roster pro-
cess previously adopted
by the Washington State
Legislature, which take
effect July 1, 2024. This
ordinance shall take ef-
fect and be in force 30
days from the time of fi-
nal passage as provided
by law. However, the
changes adapted
through this ordinance
shall apply beginning
July 1,2024.
ORDINANCE NO. 4490
-AN ORDINANCE of the
City Council of the City
of Kent, Washington,
amending chapter 2.60
of the Kent City Code
entitled,"Parks and Rec-
reation Commission`, to
revise the duties, re-
sponsibilities, and ex-
pectations applicable to
members of the City of
Kent's Parks and Rec-
reation Commission,
This ordinance shall take
effect and be in force 30
days from the time of fi-
nal passage, as provid-
ed by law.
ORDINANCE NO, 4491
-AN ORDI NANCE of the
City Council of the City
of Kent, Washington,
amending section
Proofed by Jennifer Tribbett,05/17/2024 03:05:05 pm Page:2
Classified Proof
9.38.020 of the Kent City
Code, entitled "No park-
ing
zones", and section
9.38.045 of the Kent City
Code, entitled "Parkin
gg
prohibited from 10:00
p.m.to 6:00 a.m.",in or-
der to prohibit parking on
new streets built by re-
cent development pro-
jects and in several
neighborhoods as re-
quested by Parks De-
partment and Police De-
partment.This ordinance
shall take effect and be
in Force 30 days from
and after its passage,as
provided by law.
A copy of the complete
text of any ordinance will
be mailed upon request
of the City Clerk.
Kimberley A. Komoto,
City Clerk
Kkomoto@l(entWA.gov
253-856-5725
KEN996498
5/24/24
Proofed by Jennifer Tribbett,05/17/2024 03:05:05 pm Page:3