Chapter 3.12
PUBLIC CONTRACTS1
Sections:
3.12.010 Definitions.
3.12.011 Formal advertisement required.
3.12.020 Advertising procedures.
3.12.022 Disqualification of bidders.
3.12.025 Contractor evaluation form.
3.12.030 Small works roster established.
3.12.032 Establishment of small works roster.
3.12.034 Procedure for utilization of small works roster.
3.12.036 Limited public works projects.
3.12.038 Posting of small works roster awards.
3.12.040 Contractor’s bond.
3.12.050 Publication and printing.
3.12.010 Definitions.
The following definitions shall apply throughout this chapter:
A. “Public works project” shall include all work, construction, alteration, repair, or improvement other than ordinary maintenance, executed at the cost of the city. All public works, including maintenance, when performed by contract shall comply with the provisions of RCW 39.12.020. A “project” 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 after advertisement and competitive bid. However, a contract which is awarded from a small works roster under the authority of RCW 39.04.155 need not be advertised. (Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992.)
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, supplies and equipment) shall exceed the sum of $200,000.
Projects of $200,000 or less need not be advertised; provided, that the small works roster procedures as herein established in ACC 3.12.030 through 3.12.040 are used. (Ord. 5866 § 1, 2004; Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992.)
3.12.020 Advertising procedures.
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 notice thereof on the bulletin board in the lobby of City Hall. The notice shall also be published in the official newspaper, or 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, that plans and specifications thereof shall then be on file in the City Hall for public inspection, and that the sealed bids be filed with the city clerk within the time specified 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 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 readvertise 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 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 or safety record exists based on past or current contracting work;
E. There is uncompleted work which might 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 written public contract or has been convicted of a crime arising from a previous public contract;
H. The bidder is unable, financially or otherwise, to perform the work;
I. A bidder is not authorized to do business in the state of Washington; or
J. Any other reasons deemed proper. (Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992.)
3.12.025 Contractor evaluation form.
After work is performed by a contractor, the inspector for the project shall evaluate the work performance as to the following criteria:
A. The ability, capacity and skill of the contractor to perform the work;
B. Whether the contractor performed the work promptly and within the time specified without delay or interference;
C. Quality of the work performed;
D. Whether the contractor provided a safe working environment for his/her employees and the general public;
E. 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.)
3.12.030 Small works roster established.
The city is herein authorized to utilize a construction 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 licensed or registered and bonded to perform contracting work in the state of Washington. 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 Establishment of small works roster.
The small works roster shall be established as follows:
A. At least 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 request to be included on the roster.
B. In order to be included on the roster, contractors shall supply information in response to a standard questionnaire 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;
3. The contractor’s claims history, safety record, financial history, bond forfeiture and construction litigation history, and ability to meet insurance requirements;
4. The contractor’s experience, organization and technical qualifications necessary to perform proposed contracts;
5. The contractor’s insurance coverage and bond;
6. The contractor’s history of jobs performed for public agencies, including contact names and telephone numbers for those jobs to allow the city to contact the references. (Ord. 5866 § 1, 2004; 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 3.12.011), 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 $200,000 or less.
B. When the small works roster is utilized, the city shall provide an opportunity to all appropriate contractors on the small works roster to express their interest in a specific project, and shall invite proposals bids/quotes from all who demonstrate an interest.
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 applicable, 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 $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. 5866 § 1, 2004; Ord. 4924 § 2, 1997; Ord. 4581 § 2, 1992.)
3.12.036 Limited public works projects.
In accordance with RCW 39.04.155, the city may award a contract for work, construction alteration, repair, or improvement project(s) estimated to cost less than $35,000 using the limited 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 3.12.034.
For limited public works projects, the city shall solicit electronic or written quotations from a minimum of three contractors from the small works roster and 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.
The city shall attempt to distribute opportunities for limited public works projects 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.)
3.12.038 Posting of small works roster awards.
When the city utilizes the small works roster procedure as established in ACC 3.12.034 to award contracts for public works projects, the city shall post a list of the contracts awarded under ACC 3.12.034. The list shall contain the name of the contractor awarded the contract, the amount of the contract, a brief description of the type of work performed, and the date of the award, and shall be posted on the bulletin board located in the City Hall lobby. (Ord. 4924 § 3, 1997.)
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 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 84 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.
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 45 days after 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 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.)
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. (Ord. 4581 § 2, 1992.)
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.