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OP. DINANCE NO. ~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING THE AUBURN CITY CODE TITLE 3 ENTITLED
"REVENUE AND FINANCE", CHAPTER 3.12 ENTITLED "PUBLIC
CONTRACTS", SECTION 3.12.010 ENTITLED "DEFINITIONS", SECTION
3.12.011 ENTITLED ~REQUIRED WHEN", SECTION 3.12.020 ENTITLED
"CALL FOR BIDS-REQUIRED-METHOD", SECTION 3.12.030 ENTITLED
~SMALL WORKS ROSTER ESTABLISHED", SECTION 3.12.032 ENTITLED
~METHOD OF ESTABLISHMENT", SECTION 3.12.034 ENTITLED
~PROCEDURE FOR UTILIZATION OF ROSTER", SECTION 3.12.040
ENTITLED ~CONTRACTOR'S BOND", AND CREATING SECTION 3.12.025
ENTITLED ~CONTHACTOR EVALUATION FORM" AND CRE~rING SECTION
3.12.038 ENTITLED ~POSTING OF SMALL WORKS ROSTER AWARDS" TO
COMPLY WITH RCW 35A.40.200 ENTITLED "GENER3kL LAW RELATING TO
PUBLIC WORKS AND CONTRACTS", RCW 35.23.352 ENTITLED "PUBLIC
WORKS-CONTRACTS-BIDS-SMALL WORKS ROSTER-PURCHASING
REQUIREMENTS, RECYCLED OR REUSED MATERIAL OR PRODUCTS", RCW
35.22.620 ENTITLED ~PUBLIC WORKS OR IMPROVEMENTS-LIMITATIONS
ON WORK BY PUBLIC EMPLOYEES-SMALL WORKS ROSTER-PURCHASE OF
REUSED OR RECYCLED MATERIALS OR PRODUCTS", RCW 39.04.155
ENTITLED ~SMALL WORKS ROSTER CONTRACT AWARDS PROCESS", AND RCW
39.04.200 ENTITLED "POSTING OF SMALL WORKS ROSTER OR PURCHASE
AWARDS."
W~4EREAS, the state legislature has provided[ that every
code city shall have the authority to make public improvements
and perform public works under the authority provided by
9eneral law for any class of city and to make contracts in
accordance with procedure and subject to the conditions
provided therefor, includin9 but not limited to the provisions
of: (1) Chapter 39.04 RCW, relatin9 to contractin9 for public
Ordinance No. 4924
April 3, 1997
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works; (2) RCW 35.23.352 relating to competitive biddin9 for
public works, materials and supplies; (3) RCW 35.22.620
relating to contracting for public works; and
WHEREAS, the state legislature has provided that the
small works roster contract process is to conform with the
requirements of RCW 39.04.155 entitled "Small Works roster
awards process"; and
WHEREAS, the state legislature has provided that the call
for bid process is to be in compliance with the requirements
of RCW 35.23.352 entitled "Public works-Contracts-Bids-Small
works roster-Purchasing requirements, recycled or reused
materials or products"; and
WHEREAS, the state
contracts awarded through
legislature has provided that
utilization of the small works
roster process be posted at least once every two months;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
~ PURPOSE. The purpose of this Ordinance is
as follows:
Ordinance No. 4924
April 3, 1997
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To amend Auburn City Code Title 3 entitled "Revenue and
Finance", Chapter 3.12 entitled "Public Contracts", Section
3.12.010 entitled "Definitions", Section 3.12.011 entitled
"Required when", Section 3.12.020 entitled "Call for bids-
Required-Method", Section 3.12.030 entitled WSmall works
roster established", Section 3.12.032 entitled' "Method of
establishment", Section 3.12.034 entitled "Procedure for
utilization of
"Contractor's bond",
roster", Section 3.12.040 entitled
and creation of Section 3.12.025 entitled
"Contractor evaluation form", and creation of Section 3.12.038
entitled "Postin9 of small works roster awards" to comply with
RCW 35A.40.200 entitled
and contracts", RCW
Contracts-Bids-Small
recycled or reused
works roster-Purchasin9
materials or products",
"General law relatin9 to public works
35.23.352 entitled "Public works-
requirements,
RCW 35.22.620
entitled Public works or improvements-Limitations on work by
public employees-Small works roster-Purchase of reused or
recycled materials or products", RCW 39.04.155 entitled "Small
works roster contract awards process" and RCW 39.04.200
entitled "Postin~ of small works roster or purchase awards";
Ordinance NO. 4924
April 3, 1997
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Section 2.
3.12.010.
3.12.030.
AMENDED,
AMENDED,
entitled
REQUIRED
AMEND TITLE 3, CHAPTER 3..12, SECTION
SECTION 3.12.011. SECTION 3.12.020. SECTIO}T
SECTION 3.12.032. SECTION 3.12.034. SECTION
Title 3 entitled 'REVENUE AND FINANCE- is hereby
Chapter 3.12 entitled ~PUBLIC CONTP~ACTS" is hereby
Sections 3.12.010 entitled "DEFINITION~", 3.12.011
~REQUIHED WHEN", 3.12.020 entitled "CALL FOR BIDS-
METHOD", 3.12.030 entitled ~SMALL WORKS ROSTER
ESTABLISHED,"
3.12.034 entitled
3.12.040 entitled
set forth in Exhibit
herein.
Section 3.
3.12.032 entitled ~METHOD OF ESTABLISHMENT",
~PROCEDURE FOR UTILIZATION OF ROSTER",
~CONTRACTOR'S BOND" are hereby amended as
attached hereto and incorporated
CREATE SECTION 3.12.025 AND SECTION 3.12.038.
Section 3.12.025 entitled "CONTRACTOR EVALUATION FORM" and
Section 3.12.038 entitled "POSTING OF SMALL WORKS ROSTER
AWARDS" are hereby created as set forth in Exhibit "A"
attached hereto and incorporated herein by this reference.
~ Constitutlonalit~ or Invalidi~y, If any
section, subsection, clause or phrase of this Ordinance is for
Ordinance No. 4924
April 3, 1997
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any reason held to be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect the
validity or constitutionality of the remaining portions of
this Ordinance, as it is being hereby expressly declared that
this Ordinance and each section, subsection, sentence, clause
and phrase hereof would have been prepared, proposed, adopted
and approved and ratified irrespective of the fact that any
one or more section, subsection, sentence, clause or phrase be
declared invalid or unconstitutional.
~ The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
~ This Ordinance shall
thirty (30) days from and after its
publication, as provided by law.
effect and be in force
passage, approval and
Ordinance No. 4924
April 3, 1997
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MAYOR
ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Published:
Ordinance No. 4924
April 3, 1997
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EXHIBIT "A" ORDINANCE NO. 4924
AUBURN CITY CODE
Title 3
Revenue and Finance
Chapter 3.12
Public Contracts
Sections=
3.12.010
3.12.011
3.12.020
3.12.022
3.12.025
3.12.030
3.12.032
3.12.034
3.12.038
3.12.040
3.12.050
Definitions
((~--wh~))
Disqualification of bidders
Contractor evaluation form
Small works roster established
Method of establishment
Procedure for utilization of roster
Posting of smell works roster awards
Contractor's bond
Publication and printing
Formal advertis-m-nt re_o~ired
3.12.010 Definitions.
The following definitions shall apply throughout this
chapter:
A. "Public works ~ ((ct ..... ~-~
~ .... imprcvcmcnt,,))
shall include all work, construction, alteration, repair, or
improvement other than ordinary maintenance, executed at the
cost of the city. Ail public works, including maintenance
shall comply with the provisions of RCW 39.12.020. ~
~project" shall include all scope of work necessary to result
in a complete operating facility. The total scope of work
Ordinance No. 4924 Exhibit "A"
April 22, 1997
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necessary will
B. "Contract" shall
execution of public work
not be subdivided for the purpose of avoidi~u
mean a contract in writing for the
for a fixed or determinable amount
duly awarded after advertisement and competitive bid.
However, a contract which is awarded from a small works roster
under the authority of (( ..... 35.22 .... )) RCW 39.04.155 need
not be advertised.
3.12.011 Formal Advertisement Required ((whe~)).
A call for bids shall be issued in accordance with tha
provisions herein before any contract is let for th~
performance of any public improvement for which the estimate,]
cost thereof (including the cost of materials, supplies
equipment) shall exceed the sum of Si00.000,
.... ~ ............ ~ ............. ~ .... ~)) Projects of S100.00O
D~ ((if ~ .... ~ .... ~ cf
............... CCSts suck work cr improvement
, .......... ~ ....... matcr a u, ~ .... , .... cquipmant)
..... c bc ~-~ ccntraoL
.... , ........... a~ bc ...... ~ ts ~^ icwcst
~ ........ using)) need not be advertised provided
that the small works roster ((may ba uzad,)) tLls~T~ as
herein established in ACC 3.12.030 through 038 are used. ((~-~
Ordinance No. 4924 Exhibit "A"
April 22, 1997
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......... o lass
mal so .......... makinb
......... ~ axy Centrast ~'~---~---
thc first ~ ~- ~-'~-- -~ .... ~-
..... . ..... OU L
3.12.020 ((Call
((A --~ for ~- -~-~ bc ~ ..... ~ '
................... ated
'- ~---~ ..... ~-~ ~- ~ ~ ~ ~ --y ba .... ~ )) 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
Ordinance No. 4924 Exhibit "A"
April 22, 1997
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notice thereof ((i.~ .... ~- ~--- '
~ ~ ..... ~ .... an .... city) )
bulletin board in the lobby of City Hall (( .... by
........................................ cpcn~ng thc
bids.)) The notice shall also be published in the official
newspaper, or a newspaper of general circulation most likely
to bring responsive bids. at least thirteen days prior to
last date upon which bids will be received. The notice shall
generally state the nature of the work to be done. that plan:;
and specifications thereof shall then be on file in the city
hall for nublic inspection, and that the sealed bids be
with the city clerk within the time snecified therein_
The City shall have the power to reject any or all bids
and to make further calls for bids in the same manner as
original call: or. if in its judgment the project can be don,~
by the city at less cost than the lowest bid submitted, it may
do so without making further call for bids or awarding say
contract therefor_ If no bid is received on the first call,
the city may readvertise and make a second call. or may entez
into a contract by negotiation without further calls, or may
purchase the supplies, material or equipment and [perform suc}l
work or improvement with in-house forces.
Ordinance No. 4924 Exhibit "A"
April 22, 1997
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3.12.022 Disqualification of bidders.
A bidder may be deemed not responsible and the proposal
rejected if:
A. More than one proposal is submitted for the same
project by a bidder under the same or different names;
B. Evidence of collusion exists with any other bidder.
Participants in collusion will be restricted from submitting
further bids;
C. A bidder is not prequalified for the work or to the
full extent of the bid;
D. An unsatisfactory performance ~ record exists
based on past or current contracting work;
E. There is uncompleted work which migh'~ 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
contract or has been convicted of a crime
previous public contract;
H. The bidder is unable, financially or
perform the work;
I. A bidder is not authorized to do business
of Washington; or
J. Any other reasons deemed proper.
written public
arising from a
otherwise, to
in the state
Ordinance No. 4924 Exhibit "A"
April 22, 1997
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3.12.025 Contractor evaluation form
After work is performed by a contractor. ~the inspecto',
for the project shall evaluate the work performance as to th~
following criteria;
the
1. The ability.
contractor to perform the work.
2. Whether the
promptly and within the
capacity and skill of tho
contractor performed the wor];
time specified without delay o','
3, Ouality of the work performed.
4. Whether the contractor provided a safe worki~u
environment for his/her employees and the general public,
5. Whether the contractor stood behind his/he&
service or work performed.
A copy of the Contractor Evaluation Form will b~ sent ~
contractor if recuested. The Contractor Evaluation Form
may be used by the City to determine
contractor ~s a responsible bidder who
for further public works projects,
whether or not th,,
should be considere~
3.12.030 Small works roster established.
((There)) T~ is herein authorized ((the)) to
establish((me~Pa--e~)) a city construction contractors small
works roster comprised of all contractors who request to be on
the roster and who are, where required by law, properly
Ordinance NO. 4924 Exhibit "A"
April 22, 1997
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licensed or registered ~ to perform contracting work
in the State of Washington.
3.12.032 Method of establishment of Small Works Roster.
The small works roster shall be established as follows:
A. At least {(~)) ~ic_~_=~_~%~_~ar, the city
shall advertise in a newspaper of general circulation the
~ (( ........... )) of ((e)) the small works roster ((~ thc
city)}. The city shall add to the roster those contractors
who respond to the advertisement and request to be included on
the roster.
B. In order to be included on the roster, ((the))
contractors shall supply information to the city in response
to a standard questionnaire to be developed by the director of
public works which shall include the following:
1. The contractor's state license and/or
registration, where required by law;
2. The contractor's (( ..... n .... ~-~'~ ~-~
· ~ ' )) average annual volume of wor~;
3. The contractor's experience, organization and
technical qualifications necessary to perform proposed
contracts;
4. A surety company's letter certifying ((~))~he
contractor's (( ...... · * ..... ~ ..... ~
....... ~ .... h thc rcquircd
Ordinance No. 4924 Exhibit "A"
April 22, 1997
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~" ~" .... ~ ............. nt~) )
5.
performance,
((~.
The contractor,s satisfactory record of
'" ~"~--^~ and)) skills, and
3.12.034 Procedure for utilization of ~ll_w_gr=~t roster.
The small works roster (( ...... )) may be utilized
lieu of advertising (3_12_011}, as follows:
A. Whenever the city seeks to construct any public works
((~)) D/L~, the estimated cost: of which,
including costs of material, supplies, ~ and equipment is
$100,000 or less((, cxccpt ~ ......... ~ for "-~. ~ 000, an
~ ........ ma}' ~ ..... as by
.................. tO. --ay ~
utilized)).
B. When the small works roster is utilized, the city
shall invite proposals from all appropriate contractors on the
small works roster (at least five when possible) including,
whenever possible, at least one proposal from a minority
Ordinance No. 4924 Exhibit "A"
April 22, 1997
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contractor and a women-owned contractor firm who otherwise
qualifies, and receive at least three qualified bids, unles;~
exceptions are approved by the Public Works Committ~.
C. The invitation to the contractor on the small works
roster shall include an estimate of the scope and nature of
the work to be performed and materials and equipment to be
furnished, and time required for completion.
D. When awarding a contract for work under the small
works roster, the city shall award the contract to the
contractor submitting the lowest responsible bid; provided,
however, that the city reserves its right under applicable law
to reject any or all bids, and to waive procedural
irregularities.
E. For contracts greater than S25.000. the City Council
shall award the contract to the lowest responsible bidder.
For contracts of S25.000 or less. the Public Works Director'
shall have the authority to award the contract,
3.12.038 Posting of -~11 works roster award
When the city utilizes the small works roster procedure
as established in ACC 3.12.034 to award contracts for publiu
works projects, the city shall post a list of the contrac~;~
awarded under 3.12.034. The list shall contain the name ol
the contractor awarded the contract, the amount of th,.
contract, a brief description of the type of work performed.
and the date of the award, and shall be posted on the bulletil~
board located in the City Hall lobby,
Ordinance No. 4924 Exhibit "A"
April 22, 1997
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3.12.040 Contractor,s bond.
Whenever the city shall contract with ally person or
corporation to do any work, the city shall require the person
or persons with whom such contract is made to make, execute,
and deliver to the city ~ a ((g~t--a~)) sufficient bond,
with a surety company as surety, conditioned thai; such person
or persons shall faithfully perform all the provisions of such
contract and pay all laborers, mechanics, ((and))
subcontractors and material((mcn)) ~1~, and[ all persons
who supply such person or persons, or subcontractors, with
provisions and supplies for the carrying on of such work.
Said security company in accordance with RCW 39.08.010 b~
bound by the laws of the State of Washington and aubject ti,
the jurisdiction of the State of Washington. ((-~--~~
............ ~ ....... lal of
................ ' ........................ f~rn.~had
provisions of RCW 39.08.010 through 39.08.030 shall not apply
to any money loaned or advanced to any such contractor,
subcontractor or other person in the performance of any such
work.(( ...... ~a ~ ...... ~ ....)) On contracts of $25,000 or
less, upon mutual agreement, the city may, in lieu of the
bond, retain 50 percent of the contract amount for a period of
3o days a~ter date of final acceptance, or until receipt of
Ordinance No. 4924 Exhibit "A"
April 22, 1997
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all necessary releases from the Department of Revenue,
Emplo_vment Security Department. and the Department of Labor
and Industries and settlement of any liens filed under Chapter
60.28 RCW, whichever is later ((; ..... -'~ ~
· ~ ........... 1' .... that
u~ w~vv, ......... , .... ~-' ........... .~ mai. acccpt a
........ , that the e~
3.12.050 Publication and printing.
The city shall comply with the requirements of Chapter
35A.65 RCW entitled "Publication and Printing,, as now or
hereafter amended and relating to all public printing for the
city and the publication of legal notices by the city.
Ordinance No. 4924 Exhibit "A"
April 22, 1997
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