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Home My WebLink AboutItem VIII-A-1 AGENDA BILL APPROVAL FORM Aqenda Subject Ordinance No. 5866 Department: I Attachments: Public Works Ordinance No. 5866 Administrative Recommendation: Date: October 19, 2004 Budget Impact: $0 City Council introduce and adopt Ordinance No. 5866. Backqround Summary: Ordinance No. 5866 amends Auburn City Code Chapter 3.12 entitled "Public Contracts" as follows: 3.12.011 Formal advertisement required - paraqraph #2. The City's limit for small public work contracts has been established at $100,000 since 1997. In 2000, RCW 39.04.155 was amended to raise the public work contract limit established at $100,000 in 1994, to the present limit of $200,000. Raising the City's limit to be consistent with the current limit established by RCW would allow more smaller projects to be awarded efficiently, and would save staff time and City funds spent on formal bidding processes, including advertisement. At their meeting on October 25, 2004, the Committee requested that the ordinance be amended to reflect the specific limit of $200,000. The ordinance has been amended accordingly. 3.12.030 Small works roster established. Staff is recommending using the City of Lynnwood's shared small works roster to reduce staff time necessary to maintain this list and to expand the list of potential bidders. Therefore, the language is revised so that it will be applicable whether or not the City joins the City of Lynnwood's shared small works roster. It is also revised to allow the City to exclude a contractor from the roster if they are deemed not to be responsible, or to remove a contractor from the roster at such time as the City becomes aware of specific facts that would deem the contractor to be not responsible. 3.12.032 Method of establishment of small works roster. ACC 3.12.032 currently requires advertisement of the roster twice a year; while RCW 39.04 requires public agencies to advertise their roster at least once a year. Reducing the advertisement requirement to once a year will save staff time and City funds and is consistent with the City of Lynnwood's roster advertisement procedures. Requirements for the type of information to be provided by Contractors was also revised to be consistent with the City's small works roster application form and allow the use of the City of Lynnwood's process, if desired. W1101-2 A3.5.5.3 Reviewed by Council & Committees: D Arts Commission COUNCIL COMMITTEES: D Airport 0 Finance o Hearing Examiner 0 Municipal Servo o Human Services 0 Planning & CD o Park Board [8JPublic Works o Planning Comm. 0 Other Reviewed by Departments & Divisions: o Building 0 M&O o Cemetery 0 Mayor o Finance 0 Parks o Fire 0 Planning o Human Resources 0 Police [8J Legal [g Public Works Action: Committee Approval: OYes ONo Council Approval: OYes ONo Call for Public Hearing _/_/- Referred to Until _/_/- Tabled Until _/_/- Councilmember: Wagner I Staff: Dowdy Meeting Date: November 1, 2004 I Item Number: VIlI.A.1 Agenda Subject: Ordinance No. 5866 Date: October 19, 2004 3.12.034 Procedure for utilization of small works roster. This revision would make City Code consistent with current practice. RCW 39.04.155 allows agencies to solicit quotes/bids from all appropriate contractors on the roster, or to solicit bids/quotes from at least five contractors in a manner that will equitably distribute the opportunity among the contractors on the appropriate roster. Current City practice is to invite bids from all appropriate contractors, resulting in more competitive bids and eliminating the need for staff to develop and maintain a tracking system to ensue that the opportunity to bid is equitably distributed. The language has been modified to reflect this practice. 3.12.036 Limited public works projects. This revision would allow the City to use the limited public works process as set forth in RCW 39.04.155. This process allows solicitation of a minimum of three electronic or written quotes from the small works roster for projects estimated to cost less than $35,000. This process would allow staff to award smaller projects more efficiently, saving time and staff effort. 3.12.040 Contractor's bond. RCW 39.04.155 allows public agencies to waive the payment and performance bond and retainage requirements for projects using the limited public works process. This revision allows the City Engineer to waive the requirements if, after evaluation of the project and determination of risk, it is deemed in the best interest of the city to do so. Waiving these requirements could encourage more contractors to bid on these smaller projects, and may result in more competitive bids. W1101-2 A3.5.5.3 I Page 2 of 2 ORDINANCE NO. 5 8 6 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CITY CODE SECTIONS 3.12.011, 3.12.030, 3.12.032, 3.12.034, 3.12.038,3.12.040 AND CREATING NEW SECTION 3.12.036 RELATED TO SMALL PUBLIC WORKS PROJECTS WHEREAS, the City desires to use the small pUblic works contnlct limit and the limited public works process as set forth in RCW 39.04.155. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION ONE. AMENDMENT TO CHAPTERS OF CITY COI)E. That Auburn City Code Chapter 3.12 entitled "Public Contracts: specifically Sections 3.12.011,3.12.030,3.12.032,3.12.034,3.12.038,3.12.040 are amended, and new Section 3.12.036 is created, to read as follows: 3.12.011 Formal advertisement required. A call for bids shall be issued in accordance with the provisions herein before any contract is let for the performance of any public improvement for which the estimated cost thereof (including the cost of materials, suppliles and equipment) shall exceed the sum of $100,000j200,000. Projects of $100,OQQ $200.000 or less need not be advertised; pmvided, that the small works roster procedures as herein established in ACC 3.12.030 through 3.12.038040 are used. (Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992.) 3.12.030 Small works roster established. The city is herein authorized to estaBlish utilize a sity-<:onstruction contractor's small works roster comprised of all responsible contractors who request to be on the roster and who are, where required by law, properly licem>ed or registered and bonded to perform contracting work in the state of Washington. The city reserves the riaht to exclude a contractor from the roster if they are deemed to be not responsible or to remove a contractor from the roster ~It such Ordinance No. 5866 October 26, 2004 Page 1 time as the city becomes aware of specific facts that would deem the contractor to be not responsible. (Ord. 4924 § 2,1997; Ord. 4581 § 2,1992.) 3.12.032 MethoEl of eEstablishment of small works roster. The small works roster shall be established as follows: A. At least twise once a year, the city shall advertise in a newspaper of !general circulation the update of the small works roster. The city shall add to the roster those contractors who respond to the advertisement and req¡uest to be included on the roster. B. In order to be included on the roster, contractors shall supply inform,ation te the city in response to a standard questionnaire te Be se'lelepea by tl:1e direster of p¡,¡blis 'NeFks which shall include the following: 1. The contractor's state license and/or registration, where required by law; 2. The contractor's UBI number, Federal tax ID number, and L&I License expiration date. 2. The contractor's average ann¡,¡al volume sf workclaims historv, safety record, financial historv, bond forfeiture and construction litioation historv. and abilitv to meet insurance reauirements; 3. The contractor's experience, organization and technical qualifications necessary to perform proposed contracts; 4. .'1, surety sompaAY's letter sertiÞ¡iAg the caAtFaster's beAsiAg sapaGityThe contractor's insurance coveraae and bond; 5. The contractor's historv of jobs performed for public aoencies. includino contact names and telephone numbers for those iobs to allow the City to contact the references.satisfastery Fecor-å ef per:fÐrmaAse, 6kills, aAa capabilities. (Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992.) 3.12.034 Procedure for utilization of small works roster. The small works roster may be utilized, in lieu of advertising (ACC 3.12.C!11), as follows: A. Whenever the city seeks to construct any public works project, the estimated cost of which, including costs of material, supplies, labor and equipment is $1QQ,OOO $200.000 or less. B. When the small works roster is utilized, the city shall provide an opportunity to all appropropriate contractors on the small works roster to exprei>S their interest in a specific proiect, and shall invite proposals bids/auotes from all who demonstrate an interest.ap¡ar-opriate seAtrasteFs eA tl:1e small '....eFks Foster (at least fi\'e when 3essible) inclusiAg, wl:1eAever 3essiBle, ()t least ORG propÐ&al frem a rniAÐrity centraGter aRe a \'JGmeR O':..'Roå G9RtFaGter f.iFFFl wl:1e atl:1erwise El,Iûlifies, aAs FOseive at least three E¡,¡alifies Bias, ¡'¡Rless exce3tieAs am appre'Jes BY tl:1e 3I,1Blis '....arks committee. Ordinance No. 5866 October 26, 2004 Page 2 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, if aDDlicable, 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 reservès its right under applicable law to reject any or all bids, and to waive procedural irregularities. E. For contracts greater than $25,000, the city council shall award the contract to the lowest responsible bidder. For contracts of $25,000 or less, thE~ public works director shall have the authority to award the contract. (Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992.) 3.12.036 Limited Dublic works Drojects. In accordance with RCW 39.04.155. the city may award a contract for work, construction alteration, repair, or improvement proiect(s) estimated to cO!;t less than $35,000 usina the limited public works process. Public work proiect§. awarded under the limited public works process are exempt from the oth.~r reauirements of the small works process provided under ACC 3.12.034. For limited public works proiects. the city shall solicit electronic or written auotations from a minimum of three (3) contractors from the small works roster and shall award the contract to the Contractor submittino the lowest resp10nsible bid: provided. however. that the city reserves its riaht under applicable law to reiect anv or all bids, and to waive procedural irreaularities. The city shall attempt to distribute opportunities for limited public work:s proiects eauitablY amona contractors willina to perform within Auburn. The city shall maintain a list of the contractors contacted and the contracts awarded durina the previous twenty-four (24) months under the limited public works process, includina the name of the contractor, the contractor's reaistration number, the amount of the contract. a brief description of the ~ of work performed. and the date the contract was awarded. 3.12.040 Contractor's bond. Whenever the city shall contract with any 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 clerk a sufficient bond, with a surety company as surety, conditioned that such person or personis shall faithfully perform all the provisions of such contract and pay all laloorers, mechanics, subcontractors and material suppliers, 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 shall be bound by the laws of the state of Washington and subject to Ordinance No. 5866 October 26. 2004 Page 3 the jurisdiction of the state of Washington. The 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. For contracts usino the limited public works process, the city mav waive the payment and performance bond reauirements of Chapter 39.08 RCW an¡;, retainaoe reauirements of Chapter 60.28 RCW. thereby assumina the liabilitv for the contractor's nonpayment of laborers. mechanics, subcontractors. materialmen. suppliers, and taxes imposed under Title 84 RCW that may be due from the contractor for the limited public works proiect; however. the City shall have the riaht of recoverv aqainst the contractor for anv pavments made on the contractor's behalf. The City Enaineer shall have the authority to waive the pavment and performance bond reauirements and retainaae reauirements based on his/her evaluation of the proiect and determination of risk. 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 3045 days after date of final acceptance, or until receipt of all necessary rEI leases from the Department of Revenue, Employment Security Department, ~lnd the Department of Labor and Industries and settlement of any liens filed under Chapter 60.28 RCW, whichever is later. (Ord. 4924 § 2, 1997; Ore!. 451~1 § 2, 1992.) SECTION TWO. GENERAL SEVERABILITY. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this ordinance. SECTION THREE. IMPLEMENTATION. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected. SECTION FOUR. EFFECTIVE DATE. This Ordinance shall take effect and be in force five (5) days fmm and after its passage, approval and publication, as provided by law. Ordinance No. 5866 October 26, 2004 Page 4 ATTEST: Danielle Daskam City Clerk Published: Ordinance No. 5866 October 26, 2004 Page 5 INTRODUCED: PASSED: APPROVED: PETER B. LEWIS MAYOR