HomeMy WebLinkAbout4581
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ORDXNANCE NO. 4 5 8 1
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON AMENDING
CHAPTER 3.12 ENTITLED "PUBLIC CONTRACTS" TO BE IN ACCORDANCE
WITH STATE LAW; AND ADDING NEW SECTIONS THERETO TO AUTHORXZE
THE ESTABLISHMENT OF A CONSTRUCTION CONTRACTOR'S SMALL WORKS
ROSTER.
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WHEREAS, the City of Auburn desires to amend AUburn City
6 Code Chapter 3.12 relating to public contracts to be in
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accordance with state law and to authorize the establishment
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of a construction contractor's small works roster;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
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Section 1.
PURPOSE.
To amend Auburn City Code Chapter
12 3.12 entitled "Public Contracts" to be in accordance with
13 state law and to add new sections thereto to authorize the
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establishment of a construction contractor's small works
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roster.
Section 2. AMENDMENT TO CHAPTER 3.12. AUburn city Code
Section 3.12 entitled "Public Contracts" is hereby amended as
set forth in Exhibit "A" attached hereto and incorporated
herein.
Section 3. SEVERABXLITY. Should any section,
subsection, paragraph, sentence, clause or phrase of this
ordinance be declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the
remaining portions of this ordinance.
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Ordinance No. 4581
July 27, 1992
Page 1
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Section 4. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation.
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Section 5.
This Ordinance shall take effect and be in
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force five (5) days from and after its passage, approval and
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pUblication, as provided by law.
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S:-3-9;L
f~3-9~
1-3 - c)c:µ
4J/4~
MAYOR
INTRODUCED:
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PASSED:
APPROVED:
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ATTEST:
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~/;jJ-lUJu -IJ ;t/L/
Robin WOhlhueter,
City Clerk
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APPROVED AS TO FORM:
Jl~R.~
City Attorney
PUblished:
g/q-Cj¡y
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Ordinance No. 4581
July 27, 1992
Page 2
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Sections:
Chapter 3.12
PUBLIC CONTRACTS3
Definitions.
Required when.
Call for bids--Required--Method.
DisQUalification of bidders.
Small works roster established.
Method of establishment.
Procedure for utilization of roster.
«Bi44erLs» Contractor's bond.
Publication and printing.
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11 3.12.010 Definitions.
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3.12.010
3.12.01( (8».g,
3.12.020
3.12.022
3.12.030
3.12.032
3.12.034
3.12.0«3 »!O
3.12.0«"»~0
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The following definitions shall apply throughout this
chapter:
A.
"Public work" or "capital improvement" shall include
improvement
all work. construction. alteration. repair. or
other
than
ordinarv
maintenance.
inc udin
executed at the cost of the city. All public works.
maintenance when
erformed b
contract
B.
shall comply with the provisions of RCW 39.12.020.
"Contract" shall mean a contract in writina for the
execution of public work for a fixed or determinable
amount
advertisement
duly
awarded
after
and
competitive bid.
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Ordinance No. 4581 Exhibit 'N
July 27, 1992
Page 3
However. a contract which is
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awarded from a small works roster under the
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authority of RCW 35.22.620 need not be advertised.
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3.12.011 Required when.
Whenever the City constructs any public work or
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improvement by contract or day labor, if the estimated costs
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of such work or improvement including costs of materials,
sUpplies and equipment, exceeds the sum of «t!eft» twenty
thousand dollars, the same shall be done by contract after a
call for bids, which shall be awarded to the lowest
responsible bidder.
( (Prev4:àe/iï-~-~l"-we.t!er_ mains-,--stteJot
sttm-she.'¡'¡-be--f-:i:·H;-eeft-~-do-l-IaJ: a. ) )
For contracts under
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one hundred thousand dollars. contract procedures usina the
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small works roster mav be used. as herein established in
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section 3.l2.030 in lieu of callina for bids.
The ci ty
«eettfte4:!» shall have the power «by-rcsol~4~» to reject
any or all bids and to make further calls for bids in the same
manner as the original call; or, if in its judgement the
improvement or work, including the purchase of sUpplies,
material and equipment, can be done by the city at less cost
than the lowest bid submitted, it may do so without making a
further call for bids or awarding any contract therefor.
If
no bid is received on the first call~ the city «eettftei~» may
advertise and make a second call, or may enter into a contract
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Ordinance No. 4581 Exhibit 'A'
July 27, 1992
Page 4
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without any further call, or may purchase the supplies,
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material or equipment and perform such work or improvement by
day labor.
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3.12.020 Call for bids--Required--Method.
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A call for bids shall be issued in accordance with the
provisions herein «B) ).!2efore any contract is let for the
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performance of any public work or improvement for which the
estimated cost thereof including costs of materials, supplies
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and equipment shall exceed the sum of «t!el'\» twentv thousand
dollars; «l'rev4:àeà¡-t!he.t!-'Wha¡!:. ê:r--t!h:i:-s- -pub-}-i-c--i-rn1"ro .eI1\c.l'1~-~S
fer-t!fte-eel'\~t!rttet!4:el'\-ef-wat!er-ma4:I'\~¡-~tteft_~öm_~fta!!_be-fift!eeft
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t!fteö~al'\à-~~~» provided. except for contracts less than
100 000 small works roster rocedures as herein established
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in section 3.12.030 may be used.
A notice of a call for
bids, stating the nature of the contract to be let and the
time on or before which sealed bids for the same must be filed
with the city clerk, shall be given by posting notice thereof
in a public place in the city and by publishing in the
official newspaper of the city once each week for two
consecutive weeks before the date fixed for opening the bids.
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Ordinance No. 4581 Exhibit 'A'
July 27, 1992
Page 5
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3.12.022 Disaualification of bidders.
A bidder mav be deemed not responsible and the proposal
reiected if:
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A.
More than one proposal is submitted for the same
proiect bv a bidder under the same or different
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names:
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B.
Evidence of collusion exists with anv other bidder.
c.
Participants in collusion will be restricted from
submittina further bids:
A bidder is not preaualified for the work or to the
full extent of the bid:
D.
An unsatisfactorv performance record exists based on
past or current contractina work:
E.
There is uncompleted work which miaht hinder or
prevent the prompt completion of the work bid upon:
F.
The bidder failed to settle bills for labor or
materials on past or current contracts:
G.
The bidder has failed to complete a written public
contract or has been convicted of a crime arisina
from a previous public contract:
H.
The bidder is unable. financial Iv or otherwise. to
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perform the work:
A bidder is not authorized to do business in the
state of Washinaton: or
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Ordinance No. 4581 Exhibit 'A'
July 27, 1992
Page 6
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J.
Anv other reasons deemed proper.
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3.12.030 Small Works Roster' Established.
There is herein authorized the establishment of a citv
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construction contractor:s small works roster comprised of all
contractors who reauest to be on the roster and who are. where
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reauired bv law. properly licensed or reaistered to perform
contractina work in the state of Washinaton.
3.12.032 Method of establishment.
The small works roster shall be established as follows:
A.
At least once everv vear. the citv shall advertise
in a newspaper of aeneral circulation the existence
of a small works roster for the citv.
The ci tv
shall add to the roster those contractors who
respond to the advertisement and reauest to be
included on the roster.
B.
In order to be included on the roster.
the
contractor shall supplv information to the city in
response to a standard form questionnaire to be
developed by the Director of Public Works which
shall include the followina:
1.
The contractor's state license or reaistration.
where reauired bv law:
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Ordinance No. 4581 Exhibit 'A'
July 27, 1992
Page 7
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2.
and
The
contractor's
financial
standina
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responsibilities:
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3.
The contractor's experience. oraanization and
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technical aualifications necessarv to perform
proposed contracts:
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4.
The contractor's abili tv to compl v with the
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reauired performances schedules takina into
consideration
its
existina
business
commitments:
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5.
of
The
contractor's
satisfactorv
record
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performance. intearitv. iudaement and skills:
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6.
The contractor's readv availabilitv to perform
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work in and for the citv:
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7.
Such other information as mav be secured
concernina
the
contractor's
ability
to
satisfactorilv perform a contract with the
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citv.
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3.12.034 Procedure for utilization of roster.
The small works roster shall be utilized as follows:
A. Whenever the citv seeks to construct any public work
or improvement. the estimated cost of which.
includinq costs of material. supplies and eauipment
is one hundred thousand dollars or less. except for
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Ordinance No. 4581 Exhibit 'A"
July 27, 1992
Page 8
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contracts for under twenty thousand dollars. an
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informal contractina procedures mav be used as
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established bv the Director of Public Works. the
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small works roster mav be utilized.
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B. When the small works roster is utilized. the citv
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shall
appropriate
invite
proposals
from
all
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contractors on the small works roster (at least five
when possible) includina. whenever possible. at
least one proposal from a minoritv contractor and a
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women-owned contractor firm who otherwise aualifies.
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c.
The invitation to the contractor on the small works
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roster shall include an estimate of the scope and
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nature of the work to be performed and materials and
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equipment to be furnished. and time reauired for
completion.
D.
When awardina a contract for work under the small
works roster. the city shall award the contract to
the contractor submittinq the lowest responsible
bid: provided. however. that the citv reserves its
riaht under applicable law to re;ect anv or all
bids. and to waive procedural irreaularities.
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Ordinance No. 4581 Exhibit "A'
July 27, 1992
Page 9
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3.12.040 «Bi44erLs»- Contractor'S bond.
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Berere-~-eeftt!rae~-~-t!fte-~~_er_~_l'~b!ie
werItS-iIIe1'I~-iet'ted--:i"f}-~ion--3-;-rr;-9r9-er--f~~_£ttrftMtft.~_er
afty-ma~erfa!s-meftt!fefteà-fft-Seet!feft-3~%~~9%9_fs_rifta!!y-awaràeà
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aftà -sig-neà- by-~h-e-1!.a} &.t-"ttfld--c±-t!y--C-~~~l-f. -ef.-~l'te-eit!Yï
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t!fte-~s~--cr- par sone--wi-1=ft -wftel!l-stlcloi-"Ct)trl..~-}&_ð:de-sfta!!
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malteï-~-e-~-de~i-Yer-t!e-~-ei-~y-a-~~_ettrrieient!
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beftàï-w-it!h-~~~~~-sttre~i-esT-er-~~~~~~l!Iþ&fty_ae
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s~re~Yï--~~4~-~--stteft--~ersen---cr--~r~~__efta!!
raft!ftrtt!!Y-l'errerm-a!!-t!fte-l'revfsfefte-er-etteft_eeftt!raet!-aftà-l'ay
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a!!-laboi~~,-meeftaftfes-"ttfld--Sttbeeftt!raet!ers-~-ma~eria!l!Ieftï
aftà -'t!8:i- persons--wfte -.she.-i '¡--supp-J:y--S-tteft -l'ersen- -cr-~rflO!¥.!l',-er
etteeeftt!raet!ereT-w-it!h-~~~-~,~a~_~l'te_l'revfeiefts
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er--~l'ti-s-- scction---she.-i-i--ftet!--aÞl'!y--~--a-ny---tnOney-_-iee.~__er
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aàvafteeà-t!e-afty-s~eft-eeftt!rae~erï-S~beeftt!raet!er_er_e~fter-þereen
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ift-t!fte-l'errermaftee-er-e~eft-werlt~»
Whenever the city shall contract with any person or
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corporation to do any work. the city shall reauire the persons
or persons with whom such contract is made to make. execute.
and deliver to the city a aood and sufficient bond. with a
suretv companv as suretv. condi tioned that such person or
persons shall faithfully perform all the provisions of such
contract and pav all laborers. mechanics. and subcontractors
and materialmen. and all persons who supplv such person or
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Ordinance No. 4581 Exhibit 'A'
July 27, 1992
Page 10
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persons. or subcontractors. with provisions and supplies for
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the carrvina on of such work. which bond shall be filed with
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the clerk thereof. and anv person or persons performina such
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services or furnishina material of such bond as if such work.
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services or material was furnished to the oriainal contractor:
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Provided. further. that the provisions of RCW 39.08.010
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throuah 39.08.030 shall not applv to anv money loaned or
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advanced to anv such contractor. subcontractor or other person
in the performance of anv such work:
Provided further. that
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on contracts of twentv five thousand dollars or less. upon
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mutual aareement. the citv mav. in lieu of the bond. retain
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fiftv pèrcent of the contract amount for a period of thirtv
days after date of final acceptance. or until receipt of all
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necessarv releases from the department of revenue and the
department of labor and industries and settlement of anv liens
filed under chapter 60.28 RCW. whichever is later:
Provided
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further. that for contracts of one hundred thousand dollars or
less. the public entitv mav accept a full pavment and
performance bond from an individual suretv or sureties:
And
provided further. that the surety must aaree to be bound bv
the laws of the state of Washinaton and subiected to the
iurisdiction of the state of Washinaton.
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Ordinance No. 4581 Exhibit 'A'
July 27, 1992
Page 11
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3.12.050 PUblication and printinq.
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The city shall comply with the requirements of Chapter
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35A.65 RCW entitled "Publication and Printing" as now or
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hereafter amended and relating to all public printing for the
city and the pUblication of legal notices by the city.
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Ordinance No. 4581 Exhibit 'A'
July 27, 1992
Page 12
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