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HomeMy WebLinkAbout4924 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 1 1 2 3 4 5 6 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 MAYOR ATTEST: Robin Wohlhueter, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Published: Ordinance No. 4924 April 3, 1997 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 7 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 8 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ......... 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 Page 9 2 3 4 5 6 7 8 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 10 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 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 Page 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 12 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 13 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ~" ~" .... ~ ............. 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 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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 Page 16 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 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 Page 17