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HomeMy WebLinkAbout2012-018 ORDINANCE NO. 2012-018 AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING THE ARLINGTON MUNICIPAL CODE REGARDING THE SMALL WORKS ROSTER WHEREAS, the City of Arlington, Washington has the authority to enact laws to promote the health, safety and welfare of its citizens as a way of controlling the use and development of property within its jurisdiction; and WHEREAS, the state legislature has amended the provisions of state law to improve the efficiency of the small works roster process for local governments; and WHEREAS, the City Council believes it is in the best interests of its citizens to modify the small works roster ordinance to make it consistent with state law; NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows: Section 1. Arlington Municipal Code section 2.72.010 shall be amended to read as follows: 2,72.010 - Small works roster procedures. (a) 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 does not exceed Three Hundred Thousand Dollars ($300,000.00), which includes 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. (b) Publication. At least once a year, the city or its agent 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 complete the online application and meet minimum State requirements for roster listing. The city may require master contracts be signed that become effective when a specific award is made using a small works roster. (c) 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 a contractor who meets the mandatory bidder responsibility criteria in ORDINANCE NO.2012-018 1 RCW 39.04.350(1) and may establish supplementary bidder criteria under RCW 39.04.350(2), as follows: (1) A contract awarded from a small works roster will 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. (2) 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 contractors on the appropriate small works roster 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. "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. If the estimated cost of the work is from one hundred and fifty thousand dollars ($150,000) to three hundred thousand dollars ($300,000), 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; (3) 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; (4) 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 (d). Limited Public Works Process. If a work, construction, alteration, repair, or ORDINANCE NO,2012-018 2 improvement project is estimated to cost less than thirty-five thousand dollars ($35,000), the city may award such a contract using the limited public works process provided under RCW 39.04.155 (3). For a limited public works project, the city will solicit electronic or written quotations from a minimum of three contractors from the appropriate small works roster and shall award the contract to the lowest responsible bidder as defined under RCW 39.04.010. 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 of 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, material men, 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. 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. (e) Determining lowest responsible bidder. The city shall award the contract for the public works project to the lowest responsible bidder provided that, whenever there is a reason to believe that the lowest acceptable bid is not the best price obtainable, all bids may be rejected and the city may call for new bids. A responsible bidder shall be a registered and/or licensed contractor who meets the mandatory bidder responsibility criteria established by Chapter 133, Laws of 2007 (SHB 2010) and who meets any supplementary bidder responsibly criteria established by the city. (f) 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. (g) Award. All of the telephone bids or quotations shall be collected and presented at the same time to the city council 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. ORDINANCE NO.2012-018 3 Section 2. Arlington Municipal Code section 2.72.020 shall be amended to read as follows: 2,72.020, Consulting Services Roster 1. Consulting Services. Consulting services are professional services that have a primarily intellectual output or product and include architectural and engineering services as defined in RCW 39.80.020. 2. Publication. At least once a year, on behalf of the City, the City's agent shall publish in a newspaper of general circulation within the jurisdiction a notice of the existence of the consulting services roster or rosters and solicit statements of qualifications from firms providing consulting services. Such advertisements will include information on how to find the address and telephone number of a representative of the city who can provide further details as to the city's projected needs for consulting services. Firms or persons providing consulting services may complete the online application at any time and be listed if they meet the minimum State requirements. 3. Professional Architectural and Engineering Services. The City's agent will distinguish between professional architectural and engineering services as defined in RCW 39.80,020 and other consulting services and will announce generally to the public the city's projected requirements for any category or type of professional or other consulting services. The city reserves the right to publish an announcement on each occasion when professional services or other consulting services are required by the city and to use paper and/or other electronic rosters that may be kept on file by appropriate city departments. Section 3. Arlington Municipal Code section 2.72.062(a) shall be amended to read as follows: (a) At least once every year, the city or its agent shall cause to be published in a newspaper of general circulation a notice of the existence of the small works roster and soliciting the names of contractors for such roster. The city shall add to the small works roster those qualified contractors who respond to the published notice and request to be included on the roster. Section 4. Arlington Municipal Code section 2.72.064 is hereby repealed. Section 5. Severability. If any 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. ORDINANCE NO.2012-018 4 Section 6. Effective Date. This ordinance shall be effective five days from its adoption and publication as required by law. PASSED BY the City Council and APPROVED by the Mayor this 1�A- day of 2012. CITY OF ARLINGTON Barbara Tolbert, Mayor Attest: Kristi Banfield, City Clerk Approved as to form: St veri J Pe fle Ci%LA,tfomey ORDINANCE NO.2012-018 5 CERTIFICATION OF ORDINANCE 1, 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 #2012-018 was approved at the October 15, 2012 City Council meeting. ORDINANCE #2012-018 "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING THE ARLINGTON MUNICIPAL CODE REGARDING THE SMALL WORKS ROSTER" A true and correct copy of the original ordinance is attached. Dated this 291h day of October, 2012. Kristin anfield City Cle for the City of Arlington SUMMARY OF ORDINANCE ADOPTION You are hereby notified that on October 15, 2012, the City Council of the City of Arlington, Washington, did adopt Ordinance No. 2012-018 entitled, "AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON AMENDING THE ARLINGTON MUNICIPAL CODE REGARDING THE SMALL WORKS ROSTER" 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 anfield City Cler City of Arlington