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HomeMy WebLinkAbout12-15-2014 Public Works Committee Agenda ModificationMemorandum Engineering Division To: Public Works Committee From: Ingrid Gaub, Assistant Director of Engineering /City Engineer CC: Mayor City Clerk Councilmembers Kevin Snyder, Community Development & Public Works Director Jacob Sweeting, Assistant City Engineer Date: December 11, 2014 Re: Agenda Modification for the December 15, 2014 Meeting This modification adds the following item to the agenda: III. ACTION E. Ordinance No. 6545 (Gaub) An Ordinance of the City Council of the City of Auburn, Washington, amending Chapter 3.12 of the City Code relating to public contracts Page 1 of 1 Page 1 °f 1AUBURN * MORE THAN YOU IMAGINED Title: Ordinance No. 6545 Agenda Category: Ordinance Date:12/11/2014 Department: CDPW Budget Impact: $ Administrative Recommendation: Public Works Committee recommend that City Council introduces and adopts Ordinance No. 6545 Background Summary: Ordinance No. 6545 authorizes provides for revision to Auburn City Code Chapter 3.12, Public Contracts. The ordinance includes modifications to contract authorities and processes as discussed with the City Council during the consideration of the Council Study Session format. In addition, these revisions provide clarification of the various bid processes available to the City for completion of public work and their requirements. Staff recommendations during the previous council committee discussions were as follows: 1. Match the various competitive bid limit authorities to the amounts as allowed by current RCW's and any future revisions of the RCW's. 2. Provide for the authority for award of construction contracts by the Director or his /her designee to be in line with State competitive bid limits for projects included in the approved budget. (Competitive bidding is currently required for any public work over $40,000.00 for single trade and $65,000.00 for multiple trade.) Other modifications included in this ordinance include removing requirements on small works contracting procedures that were above and beyond that required by State law. List Attachments: Ordinance No. 6545 Reviewed by Council Committees: • Finance • Muni Services • PCDC • PWC • Les Gove Community Campus • Downtown Redevelopment • Council Operations Committee Other: Meeting Date: 12/15/2014 Staff: Gaub Page 2 of 13 ORDINANCE NO. 6 5 4 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 3.12 OF THE CITY CODE RELATING TO PUBLIC CONTRACTS WHEREAS, the current provisions of the Auburn City Code provide for procedures and requirements related to public contracting; and WHEREAS, many of these procedures and requirements date back to times when state statutes provided markedly different requirements; and WHEREAS, many of these state statutes have been modified from what the City Code calls for, and now provide for requirements more favorable to city contracting needs; and WHEREAS, It would be appropriate to amend the City Code sections to accommodate the statutory revisions and updated bid limits; and WHEREAS, with any revisions, it would be advantageous to make the processes as flexible as would be permitted under state law and to accommodate contracting needs that fall below the level of required competitive bidding; and WHEREAS, it would also be advantageous to allow department director discretion to address the award of bids falling below competitive bid requirements so as to allow work projects to commence in a more timely fashion. Ordinance No. 6545 December 11, 2014 Page 1 Page 3 of 13 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows Section 1. Amendment to City Code. Chapter 3.12 of the City Code is amended to read as follows: Chapter 3.12 PUBLIC CONTRACTS1 Sections: 3.12.010 Definitions. 3.12.0113.12.020 _ - _ _ _ . - - - •• - - - _ _ - = Bid solicitation. 3.12.020 Advcrtising proccdurcs. 3.12.030 Bid opening. 3.12.040 Rejection of bids. 3.12.0223.12.050 Disqualification of bidders. 3.12.060 Award. 3.12.070 Contractor's bond. 3.12.0253.12.080 Contractor evaluation form. 3.12.0303.12.090 Small works roster cstablishcd. 3.12.032 Establishmcnt of small works roster. 3.12.03'1 Proccdurc for utilization of small works roster. 3.12.0363.12.100 Limited public works process jects. 3.12.038 3.12.110 On Call Contracting 3.12.0503.12.120 Publication, printing, and notices. 3.12.010 Definitions. The following definitions shall apply throughout this chapter: A. "Public works projcct" shall be as defined in RCW 39.04.010, as currently enacted or hereinafter amended. _ _ _ - _ _ _ _ • _ - _ : - improvcmcnt othcr than ordinary maintcnancc, cxccutcd at thc cost of thc city. All public works, including maintenance, when performed by contract shall comply with the provisions of RCW 39.128. A "public worke}est" shall include all scope of work necessary to result in a complete operating facility. The total scope of work necessary will not be subdivided for the purpose of avoiding public bidding. B. "Contract" shall mean a contract in writing for the execution of public work for a fixed or determinable amount duly awarded in conformance with this code.-after 1 1 For statutory provisions requiring public bidding on certain public contracts of second, third and fourth class cities, see RCW 35.23.352; for provisions making RCW 35.23.352 applicable to code cities, see RCW 35A.40.200 and 35A.65.010.Prior legislation: 1957 code § 1.30.030 and Ords. 3689 and 4327. Ordinance No. 6545 December 11, 2014 Page 2 Page 4 of 13 e AM works roster under the authority of RCW 39.0'1.155 need not be advertised. C. "Improvements" refers to a public work. BD. " "Responsible Bidder" means a contractor who meets the criteria in RCW 39.04.350 and the requirements of ACC 3.12.050.(Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992.) 3.12.011 3.12.020 Bid Solicitation A. Formal advertisement required. Except as otherwise authorized in RCW 39.04 and 39.28 or 35.23.352, relating to emergency public works, or other applicable general state law, as now enacted or as hereafter amended, all public work and improvements shall be done by contract pursuant to public notice and call for competitive bids whenever the estimated cost of such public work or improvement, including the cost of materials, supplies, equipment and labor will exceed the limits for competitive bid as stated in RCW 35.23.352 as now enacted or as hereafter amended, provided the city may use a small works roster pursuant to RCW 35.23.352. Where formal bidding is required, aA call for bids shall be issued in accordance with the provisions herein before any contract is let for the performance of any public workimprovement. for which thc cstimatcd cost thcrcof (including thc cost of matcrials, supplies and equipment) shall exceed the sum of $200,000.00. Projects of $200,000.00 or less need not be advertised; provided, that the small works rostcr proccdurcs as hcrcin cstablishcd in ACC 3.12.030 through 3.12.0'10 arc used. (Ord. 5866 § 1, 2004; Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992.) 3.12.020 B. Formal aAdvertising procedures. For projects requiring formal advertisement per ACC 3.12.020, aA 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 on the bulletin board in the lobby of City Hall. The notice shall also be published in the official newspaper, andeI a newspaper of general circulation most likely to bring responsive bids, at least 13 days prior to the last date upon which bids will be received. The notice shall generally state the nature of the work to be done, where the that plans and specifications may be seen or obtainedthercof shall then be on filc in thc City Hall for public inspection, and a specified hour and date when such bids shall be opened, and that the sealed bids be filed with the city clerk within the time specified therein. The clock within the city clerk's office shall be the official time used for determining receipt of bids. C. Council approval Issuance of solicitations for bids shall require City Council consent approval unless the solicitation is for a project identified in the city's current approved budget at the time of bid solicitation or if the estimated contract amount is within the budget authority of the Mayor as provided in ACC 3.10. Ordinance No. 6545 December 11, 2014 Page 3 Page 5 of 13 D. For projects not required to be formally advertised, the city shall issue an invitation to bid, request for quote or other form as determined appropriate by the city engineer and in accordance with the requirements of RCW 39.04.155. 3.12.030 Bid opening A. For projects utilizing a formal advertisement process per ACC 3.12.020, bids shall be opened and publically read aloud by the city clerk at the time and location as set forth in the contract advertisement. B. For projects not utilizing a formal advertisement process, the city engineer shall determine whether a public reading of the bids is required and indicate this in the invitation to bidders or request for quote documents. 3.12.040 Rejection of bids The city shall have the power to reject any or all bids, to determine and to waive any irregularities or informalities that do not materially affect the substance of the bid itself, and to make further calls for bids in the same manner as the original call; or, if in its judgment the project can be done by the city at less cost than the lowest bid submitted, it may do so without making further call for bids or awarding any contract therefor. If no bid is received on the first call, the city may re- advertise and make a second call, or may enter into a contract by negotiation without further calls, or may purchase the supplies, material or equipment and perform such work or improvement with in -house forces. (Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992.) 3.12.022 3.12.050 Disqualification of bidders. A bidder may be deemed not responsible and the proposal rejected, unless contract terms specify otherwise, if: A. The bidder does not meet the mandatory bidder responsibility criteria in RCW 39.04.351(1) as it is now or as amended; or A B. Evidence of collusion exists with any other bidder or potential bidder. Participants in collusion will be restricted from submitting further bids; or C. The bidder, in the opinion of the city, is not qualified for the work or to the full extent of the bid, or to the extent that the bid exceeds the authorized prequalification amount as may have been determined by a requalification of the bidder; or 13,D. An unsatisfactory performance or safcty record exists based on past or current contracting work for the city or for others, as judged from the standpoint of conduct of the work; workmanship; or progress; affirmative action; equal employment opportunity practices; termination for cause; of disadvantaged business enterprise, minority business enterprise, or woman's business enterprise utilization; or E. An unsatisfactory safety record exists based on past or current contracting work; or There is uncompleted work, with the city or others, which in the opinion of the city might hinder or prevent the prompt completion of the work bid upon; or D. A bidder is not prequalificd for the work or to the full extent of the bid; Ordinance No. 6545 December 11, 2014 Page 4 Page 6 of 13 G. The bidder failed to settle bills for labor or materials on past or current contracts, unless there are extenuating circumstances acceptable to the city; or H. The bidder has failed to complete a written public contract or has been convicted of a crime arising from a previous public contract, unless there are extenuating circumstances acceptable to the city; or The bidder is unable, financially or otherwise, to perform the work, in the opinion of the city; or I+J. A bidder is not authorized to do business in the state of Washington; or bK. More than one proposal is submitted for the same project by a bidder under the same or different names; or L. Any other reasons deemed proper by the city. (Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992.) 3.12.060 Award For contracts greater than the bid limits as provided in RCW 35.23.352 as now enacted or as hereafter amended, the city council shall award the contract to the lowest responsible bidder. For contracts less then the bid limits provided in RCW 35.23.325 as now enacted or as hereafter amended, the director or his /her designee shall have the authority to award the contract. 3.12.0/10 3.12.070 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 persons shall faithfully perform all the provisions of such contract and pay all laborers, 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 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 using the limited public works process, the city may waive the payment and performance bond requirements of Chapter 39.08 RCW and retainage requirements of Chapter 60.28 RCW, thereby assuming the liability for the contractor's nonpayment of laborers, mechanics, subcontractors, materialmen, suppliers, and taxes imposed under RCW Title 8284 that may be due from the contractor for the limited public works project; however, the city shall have the right of recovery against the contractor for any payments made on the contractor's behalf. The city engineer shall have the authority to waive the payment and performance bond requirements and retainage requirements based on his /her evaluation of the project and determination of risk. Ordinance No. 6545 December 11, 2014 Page 5 Page 7 of 13 On contracts of $00035,000.00 or less, upon mutual agreement, the city may, in lieu of the bond, retain 50 percent of the contract amount for a period of /15 30 days after the date of final acceptance, or until receipt of all necessary releases from the Department of Revenue, Employment Security Department, and the Department of Labor and Industries receipt of all affidavits of wages paid for the prime and sub- contractors, and settlement of any liens filed under Chapter 60.28 RCW, whichever is later. (Ord. 5866 § 1, 2004; Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992. NOTE: See RCW 39.08.010.) 3.12.0253.12.080 Contractor evaluation form. After work is performed by a contractor, the inspector, project manager, and contract administrator for the project shall evaluate the Contractor's work performance as to certain criteria but not limited to the followingthc following criteria: A. Progress of the Work, including: 1.A The ability, capacity and skill of the contractor to perform the work; 2E. Whether the contractor performed the work promptly and within the time specified without delay or interference; BG. Quality of the work p° ed; C. Equipment; D. Administration /Management/Supervision; E. Coordination and Control -of Subcontractors; F. Whether the contractor provided a safe working environment for his /her employees and the general public; GE. Whether the contractor stood behind his /her service or work performed. A copy of the contractor evaluation form will be sent to the contractor if requested. The contractor evaluation form may be used by the city to determine whether or not the contractor is a responsible bidder who should be considered for further public works projects. (Ord. 4924 § 3, 1997.) 3.12.090030 Small works roster established. A. The city need not comply with formal sealed bidding procedures for construction, building, renovation, remodeling, alteration, repair, or improvement of real property where the estimated cost does not exceed the current statutory limit in RCW 39.04.155, which includes the costs of labor, material, equipment, and sales and /or use taxes as applicable. Instead, the city may use the small works roster procedures for public works projects as set forth herein. The breaking of any project into units or accomplishing any projects 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. B. Number of small work rosters. The city may create a single general small works roster, or may create a small works roster for different specialties or categories of anticipated work. Said small works rosters may make distinctions between contractors based upon different geographic areas served by the contractor. Ordinance No. 6545 December 11, 2014 Page 6 Page 8 of 13 C. Contractors on small works roster(s) The small works roster shall consist contractor's small works roster comprised of all responsible contractors who have requested to be on the roster(s) and who are, and where required by law are; properly licensed or registered and bondod to perform contracting work in the state of Washington. Contractors desiring to be placed on a roster or rosters must keep current ecords of any applicable licenses, certificates, registrations, bonding, insurance, or other appropriate matters on file with the City as a condition of being placed on a roster or rosters. The city reserves the right to exclude a contractor from the roster if they are deemed to be not 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. (Ord. 5866 § 1, 2004; Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992.) 3.12.032 u. Publication of small work rosterEstablishmcnt of small works roster. Thc small works rostcr shall bc cstablishcd as follows: 1. At least once a year, the city shall publisha4vci4 ce in a newspaper of general circulation within the jurisdiction a notice of the existence of the roster or rosters and solicit the names of contractors for such roster or rosters. the update of the small works roster. Responsible contractors The city shall be added to an appropriate the roster or rosters at any time that they submit a written request and necessary records. those contractors who respond to thc advcrtiscmcnt and rcqucst to bc includcd on thc roster. 2. The city will utilize the statewide electronic database developed and maintained by the Municipal Research and Services Center of Washington (MRSC Rosters) or successor agency. A. In ordcr to bc includcd on thc rostcr, contractors shall supply information in responsc to a standard qucstionnairc which shall includc thc following: 1. Thc contractor's statc liccnsc and /or rcgistration, whcrc rcquircd by law; 2. Thc contractor's UBI numbcr, fcdcral tax ID numbcr, and L & I liccnsc expiration date; 3. The contractor's claims history, safcty rccord, financial history, bond /1. The contractor's cxpericncc, organization and tcchnical qualifications necessary to perform proposed contracts; 5. Thc contractor's insurancc covcragc and bond; 6. The contractor's history of jobs performed for public agencics, including refers (Ord. 5866 § 1, 2004; Ord. 4924 § 2, 3.12.03/1 E. projects. Ordinance No. 6545 December 11, 2014 Page 7 Quotations for 1997; Ord. 4581 § 2, 1992.) Procedure for utilization of small works roster Page 9 of 13 follows: The city shall obtain telephone, written of electronic quotations for public works contracts from contractors on the appropriate small works roster(s) to assure that a competitive price is established and to award contracts to the lowest responsible bidder, as defined in RCW 39.04.010, RCW 39.04.350, and ACC3.12.050, as follows: 1. A contract awarded 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. The paragraph does not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes. 2. Quotations may be invited from all appropriate contractors on the appropriate small works roster(s). As an alternative, quotations may be invited from at least five contractors on the appropriate small works roster(s) who have indicated the capability of performing the kind of work being contracted, in a manner that will equitably distribute the opportunity among the contractors on the appropriate roster. 3. For the purpose of this section, "equitably distribute" means that the City may not favor certain contractors on the appropriate small works roster(s) over other contractors on the appropriate roster(s) who perform similar services. At the time bids are solicited, the city shall not inform a contractor of the terms or amount of any other contractor's bid for the same project. 4. A written record shall be made by the City 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, open to public inspection, and available by telephone inquiry. A. Whenever the city seeks to construct any public works project, thc cstimatcd cost of which, including costs of matcrial, supplics, labor and cquipmcnt is $200,000 or less. B. Whcn thc small works rostcr is utilizcd, thc city shall providc an interest in a specific project, and shall invite proposals bids /quotes from all who demonstratc an intcrcst. C. The invitation to thc contractor on thc small works rostcr shall includc an shall award the contract to the contractor submitting the lowcst responsible bid; all bids, and to waivc proccdural irrcgularitics. E. For contracts grcater than $25,000, the city council shall award thc contract to thc lowcst rcsponsiblc biddcr. For contracts of $25,000 or Icss, thc public Ordinance No. 6545 December 11, 2014 Page 8 Page 10 of 13 works director shall have the authority to award thc contract. (Ord. 5866 § 1, 2004; Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992.) 3.12.0363.12.100 Limited public works processprojects. If a work, construction, alteration, repair, or improvement project is estimated to cost less than $35,000.00, or the current statutory limit in RCW 39.04.155(3), accordancc with RCW 39.0'1.155, the city may award such a contract using the limited public works process provided under 39.04.155(3).for work, construction altcration, rcpair, or improvemcnt projcct(s) cstimatcd to cost Icss than $35,000 using thc Iimitcd public works process. Public works projects awarded under the limited public works process are exempt from the other requirements of the small works process provided under ACC 3.12.090534. For limited public works projects, the city shall solicit electronic or written quotations from a minimum of three contractors from the appropriate small works roster and shall award the contract to the contractor submitting the lowest responsible bidder, as defined under RCW 39.04.010, RCW 39.04.350, and ACC 3.12.050. , however, to waivc proccdural irrcgularitics. After an award is made, the quotations shall be open to public inspection and available by electronic request. For limited public works projects, the city may waive the payment and performance bond requirements on chapter 39.08 RCW and the retainage requirements of chapter 60.28 RCW, thereby assuming the liability for the contractor's nonpayment of laborers, mechanics, subcontractors, materialmen, suppliers, and taxes imposed under Title 82 RCW that may be due from the contractor for the limited public works project. However, the city shall have the right of recovery against the contractor for any payments made on the contractor's behalf. equitably among contractors willing to perform within Auburn. The city shall maintain a list of the contractors contacted and the contracts awarded during the previous 24 months under the limited public works process, including the name of the contractor, the contractor's registration number, the amount of the contract, a brief description of the type of work performed, and the date the contract was awarded. (Ord. 5866 § 1, 2004.) 3.12.110 On Call Contracting The city may use job order contractor as described in RCW 39.10.420 and following the procedures as identified in RCW 39.10. When thc city utilizcs thc small works rostcr proccdurc as cstablishcd in ACC contracts awardcd undcr ACC 3.12.03'1. The list shall contain thc namc of thc Ordinance No. 6545 December 11, 2014 Page 9 Page 11 of 13 board locatcd in the City Hall lobby. (Ord. 4924 § 3, 1997.) • 3.12.0503.12.120 Publication printing, and notices. The city shall comply with the requirements of state law for publication, printing and notices Chaptcr 35A.65 RCW cntiticd "Publication and Printing" as now exists or hereafter amended and relating to all public printing for the city and the publication of legal notices by the city. (Ord. 4581 § 2, 1992.) Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 4. Effective Date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law and on January 1, 2015. ATTEST: Danielle E. Daskam, City Clerk Ordinance No. 6545 December 11, 2014 Page 10 INTRODUCED: PASSED: APPROVED: NANCY BACKUS, MAYOR Page 12 of 13 APPROVED AS TO FORM: Daniel B. Heid, City Attorney PUBLISHED: Ordinance No. 6545 December 11, 2014 Page 11 Page 13 of 13