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HomeMy WebLinkAbout2010-029ORDINANCE NO. 2010-029 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING AND REPEALING CERTAIN SECTIONS OF CHAPTER 2.72 OF THE ARLINGTON MUNICIPAL CODE RELATING TO THE CITY' S PURCHASING AND SMALL WORKS ROSTER PROCEDURE WHEREAS, the City of Arlington, Washington has the authority to adopt ordinances for the general welfare of its citizens; and WHEREAS, certain provisions of the Arlington Municipal Code are outdated and require revision; and WHEREAS, the City Council of the City of Arlington has requested additional revisions to Chapter 2.72; NOW, THEREFORE, the City Council of the City of Arlington, Washington does hereby ordain as follows: Section 1. Arlington Municipal Code Chapter 2.72 is hereby renamed "Purchasing and Small Works Roster Procedure". Section 2. Arlington Municipal Code section 2.72.010 is amended to read as follows: 2.72.010 Small works roster procedures. 1. Cost. The City need not comply with formal sealed bidding procedures for the construction, building, renovation, remodeling, alteration, repair or improvement of real property where the estimated cost is within the limits, as set forth in RCW 35.23.352 for single -craft or multi -crafts or within the limits as set forth by RCW 39.04.155, for the use of the small works roster. The estimated cost must include the costs of labor, material, equipment and sales and/or use taxes as applicable. The breaking of any project into units or accomplishing any projects by phases is prohibited if done for the purpose of avoiding the maximum dollar amount of a contract that may be let using the small works roster process. 2. Number of Rosters. The City may create a single general small works roster, or may create a small works roster for different categories of anticipated work. Said small works rosters may make distinctions between contractors based upon different geographic areas served by the contractor. ORDINANCE NO. 2010-029 3. Contractors on Small Works Roster(s). The small works roster(s) shall consist of all responsible contractors who have requested to be on the roster(s), and are properly licensed or registered to perform such work in this state. 4. Publication. At least once a year, the City shall publish in a newspaper of general circulation within the City a notice of the existence of the roster or rosters and solicit the names of contractors for such roster or rosters. Responsible contractors shall be added to an appropriate roster or rosters at any time that they submit a written request and necessary records. The City may require master contracts be signed that become effective when a specific award is made using a small works roster. An Interlocal contract or agreement between the City and other local governments establishing a small works roster or rosters to be used by the parties to the agreement or contract must clearly identify the lead entity that is responsible for implementing the small works roster provisions. 5. Electronic, Telephone, or Written Quotations. The City shall obtain electronic, telephone, or written quotations for public works contracts from contractors on the appropriate small works roster to assure that a competitive price is established and to award contracts to the lowest responsible bidder, as defined in RCW 43.19.1911, as follows: a. 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 invitations. This subsection does not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes; b. Quotations may be invited from all appropriate contractors on the appropriate small works roster. As an alternative, quotations may be invited from at least five (5) contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted, in a manner that attempts to equally distribute opportunities among the contractors on the appropriate roster; c. If the estimated cost of the work is above $65,000 for multi -craft or $40,000 for single -craft projects up to the limits of use of small works roster as set forth in RCW 39.04.155, the City may choose to solicit bids from less than all the appropriate contractors on the appropriate small works roster but must also notify the remaining contractors on the appropriate small works roster that quotations on the work are being sought. The City has the sole option of determining whether this notice to the remaining contractors is made by: i. Publishing notice in a legal newspaper in general circulation in the area where the work is being done; ii. Mailing a notice to these contractors; or iii. Sending a notice to these contractors by facsimile or other electronic means; d. For the purposes of this section, "equitably distribute" means that the City may not favor certain contractors on the appropriate small works roster over other contractors on the appropriate small works roster who perform similar services; e. At the time bids are solicited, the City representative shall not inform a contractor of the terms or amount of any other contractor's bid for the same project; ORDINANCE NO. 2010-029 2 f. A written record shall be made by the City representative 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; and g. At least once every year a list of contracts awarded under this section shall be made available to the general public. The list shall contain the name of the contractor or vendor awarded the contract, the amount of the contract, a brief description of the type of work performed or the items purchased under the contract, and the date it was awarded. The list shall also state the location where the bid quotations for these contracts are available for public inspection. 6. Determining Lowest Responsible Bidder. To the extent consistent with applicable commitment authority, the Mayor shall award the contract for the public works project to the lowest responsible bidder; as provided in RCW 39.04.350 and the bid documents. 7. Life Cycle Costing. In considering bids for the construction of public works projects, whenever there is a reason to believe that applying the "life cycle costing" method to bid evaluation would result in the lowest total cost to the City, first consideration shall be given to the bid with the lowest life cycle cost which complies with the specifications. "Life cycle cost" means the total cost of an item to the City over its estimated useful life, including costs of selection, acquisition, operation, maintenance, and where applicable, disposal, as far as these costs can be reasonably determined, minus the salvage value at the end of its estimated useful life. The "estimated useful life" of an item means the estimated time from the date of acquisition to the date of replacement or disposal, determined in any reasonable manner. 8. Award. All of the telephone bids or quotations shall be collected at the same time to the City for consideration, determination of the lowest responsible bidder and award of the contract. The City reserves its right under applicable law to reject any or all bids, and to waive procedural irregularities. Section 3. Arlington Municipal Code section 2.72.020 is amended to read as follows: 2.72.020 Limited Small Works Roster. 1. Cost. In lieu of awarding public works contracts under AMC 2.72.010, the City may award a contract for work, construction, alteration, repair, or improvement of real property where the estimated cost does not exceed $35,000, which includes the costs of labor, material, equipment and sales and/or use taxes as applicable, using the limited small works roster procedures for this section. Public works contracts awarded under this section are exempt from the other requirements of the small works roster process outlined in AMC 2.72.010(5). The breaking of any project into units or accomplishing any project by phases is prohibited if done for the purpose of avoiding the maximum dollar amount of a contract that may be let using the limited small works roster process established herein. 2. Electronic or Written Quotations. The City shall solicit electronic or written quotations from contractors on the appropriate small works roster established under AMC 2.72.010 and shall award the contract to the lowest responsible bidder, as defined in RCW 43.19.1911. The following procedures shall be utilized: ORDINANCE NO. 2010-029 3 a. A contract awarded using the limited small works roster process 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. This subsection does not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes; b. Quotations may be invited from all appropriate contractors on the appropriate small works roster. As an alternative, quotations may be invited from at least three (3) contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted, in a manner that attempts to equitably distribute the opportunities among the contractors on the appropriate roster; c. For purposes of these procedures, "equitably distribute" means that the City may not favor certain contractors on the appropriate small works roster over other contractors on the appropriate small works roster who perform similar services. At the time bids are solicited, the City representative shall not inform a contractor of the terms or amount of any other contractor's bid for the same project. d. A written record shall be made by the City representative 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 electronic request; and e. The City shall maintain a list of the contractors contacted and the contracts awarded under the limited small works roster process for a period of twenty four (24) months. The list shall contain 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. 3. Bonds and Retainage. For limited public works roster projects, the City may waive the payment and performance bond requirements of Chapter 39.08 RCW and the retainage bond requirements of Chapter 60.28 RCW, and thereby assume full responsibility and liability for the contractor's nonpayment of laborers, mechanics, subcontractors, materialmen, suppliers, and taxes imposed under RCW Title 82 that may be due from the contractor for the limited public works project; provided, however, that such a waiver by the City shall not constitute a waiver of the City's right of recovery against the contractor for any payments made on the contractor's behalf by the City. 4. Determining Lowest Responsible Bidder — Award. The City shall determine the lowest responsible bidder and award the contract as provided in AMC 2.72.010. Section 4. Arlington Municipal Code section 2.72.030 is amended to read as follows: 2.72.030 Purchasing Procedures. Except as provided in AMC 2.72.010 and .020 or as otherwise provided by law, the City shall follow its current "Purchasing Policies and Procedures", as adopted by resolution, true copies of which shall be available for inspection in the City Clerk's office. ORDINANCE NO. 2010-029 4 Section 5. Arlington Municipal Code Section 2.72.040 is hereby repealed in its entirety. Section 6. Arlington Municipal Code section 2.72.050 is hereby repealed in its entirety. Section 7. Arlington Municipal Code section 2.72.060 is hereby repealed in its entirety. Section 8. Arlington Municipal Code section 2.72.070 is hereby repealed in its entirety. Section 9. Severability. If any such provision, section, or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. Section 10. Effective Date. A summary of this Ordinance consisting of its title shall be published in the official newspaper of the City, and shall take effect and be in full force five (5) days after the date of publication. PPA SED b the City Council of the City of Arlington and APPROVED by the Mayor this day of -Ckk i fi' . 2010. CITY OF ARLINGTON m Margar arson, Mayor ATTEST: e57-tLC Kristi'IbBanfield, City Clerk APPROVED AS TO FORM: Ste en ,1. ei file, Attorney ORDINANCE NO. 2010-029 5 CERTIFICATION OF ORDINANCE I, Kristin Banfield, being the duly appointed and acting Clerk of the City of Arlington, Washington, a municipal corporation, do hereby certify that the following Ordinance #2010-029 was approved at the December 20, 2010 City Council meeting. ORDINANCE #2010-029 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ADOPTING AMENDMENTS TO ARLINGTON MUNICIPAL CODE CHAPTER 2.72 RELATING TO BIDDING AND SMALL WORKS PROCEDURES A true and correct copy of the original ordinance is attached. Dated this 21 St day of December, 2010. v, �q4 Kristi Baniteld1 City Clerk for the City of Arlington SUMMARY OF ORDINANCE ADOPTION You are hereby notified that on December 20, 2010, the City Council of the City of Arlington, Washington, did adopt Ordinance No. 2010-029 entitled, "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON ADOPTING AMENDMENTS TO ARLINGTON MUNICIPAL CODE CHAPTER 2.72 RELATING TO BIDDING AND SMALL WORKS PROCEDURES" This ordinance is effective five days from its passage and publication. The full text of the ordinance is available to interested persons and will be mailed upon request. Kristin)3an-f-ield City Clerk City of Arlington