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ORD 2003-23 PUBLIC WORK PROCEDURES ORDINANCE NO. 2003-23 AN ORDINANCE of the City of Bainbridge Island, Washington, relating to the procedures for public work or improvemem contracts or purchases by the city; amending Sections 3.72.010, 3.72.020, 3.72.050, 3.72.060, 3.72.070, 3.72.080, 3.72.100, 3.72.110, 3.72.120 and 3.72.130; adding a new Section 3.72.140; and repealing Sections 3.72.030, 3.72.040, 3.72.090 of the Bainbridge Island Municipal Code. THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Title of Chapter 3.72 of the Bainbridge Island Municipal Code is amended as follows: Purchasing and Public Works Procedures Section 2. Section 3.72.010 of the Bainbridge Island Municipal Code is amended as follows: 3.72.010 Applicability. This chapter shall govern the procedures for all public works projects and purchases by the city. For purposes of this chapter, the term "public works" shall include all work, construction, building, alteration, repair or improvement other than ordinary maintenance, executed at the cost of the city, or which is by law a lien or charge on any property therein, except when such work is performed pursuant to a contract exempted by state law from the public works process. For purposes of evaluating the costs of public works projects hereunder, such costs shall include the costs of all materials, supplies, equipment and labor associated with the public works project. For purposes of this chapter, "public works director" shall mean the director of public works or the director's designee. Section 3. Section 3.72.020 of the Bainbridge Island Municipal Code is amended as follows: 3.72.020 Purchases. A. No formal or informal bidding shall be required for the purchase of supplies, materials, or equipment that are not part of a public works project. Ordinance No. 2003-23, Procedures for PW or Improvement Contracts 3'~ Reading, July 9, 2003, Clean Version - 1 - B. Staff shall continue on an ongoing basis to obtain the lowest practical price for supplies, materials and equipment purchased pursuant to this section. C. Except as specifically provided in Subsection D below, all purchases equal to or in excess of $10,000 shall be by contract approved by the city council. Nothing in this subsection shall be construed to permit the division of a purchase into more than one phase or unit for purposes of avoiding this limitation. D. Any capital equipment that has been budgeted for in the City's then-current annual budget, the cost of which does not exceed $35,000 total, may be purchased by Staff at auction or via an internet offering without prior council approval; provided, that, Staff has made a good faith determination that (1) the capital equipment may be acquired at auction or via the internet at a price lower than or competitive with the purchase price that substantially equivalent capital equipment would fetch on the conventional market; and (2) seeking prior council approval of the purchase would effectively exclude Staff from bidding or otherwise participating in the auction or internet offering. For any capital equipment purchased pursuant to this Subsection D, Staff shall, within twenty (20) days of such purchase, provide the city council with a summary report of the purchase, which report shall include the date, nature and mechanism of the purchase and the total purchase price paid for the capital equipment. Section 4. Section 3.72.030 of the Bainbridge Island Municipal Code is repealed. Section 5. Section 3.72.040 of the Bainbridge Island Municipal Code is repealed. Section 6. Section 3.72.050 of the Bainbridge Island Municipal Code is amended as follows: 3.72.050 Purchase by government contract. Nothing in this chapter shall be construed as limiting or otherwise compromising the city's authority to contract with the state or any other municipality, special purpose district or political subdivision for the right to purchase, under the same terms and conditions negotiated by the other entity, any supplies, materials, equipment or services for which the other entity has performed a formal or informal bidding process. Section 7. Section 3.72.060 of the Bainbridge Island Municipal Code is amended as follows: 3.72.060 Public works - Limitations on work by city employees. Ordinance No. 2003-23, Procedures for PW or Improvement Contracts 3'a Reading, July 9, 2003, Clean Version -2- A. As limited by subsection B of this section, the city may have public works performed by city employees in any budget period; provided, that the collective cost of such public works shall not exceed ten percent of the public works construction budget, including any amount in a supplemental public works construction budget, for that budget period. Once the city has exhausted the maximum percentage rate set forth herein for employee- performed public works projects in any budget period, all further public works projects for that budget period must be performed by contract pursuant to the applicable bidding process set forth in this chapter. B. In addition to the percentage limitation provided in subsection A of this section, the city shall not have city employees perform a public works project if the cost of the project exceeds $50,000 if more than one craft or trade is involved with the project, or in excess of $30,000 if a single craft or trade is involved with the project or the project is street signalization or street lighting. C. Effective January 1, 2010, the craft limits set forth in this section shall be increased to $40,000 for single crafts and $65,000 for multiple crafts. D. Nothing in this section shall be construed to permit the division of a public works project into units of work or classes of work to avoid the restriction on work that may be performed by day labor on a single project. Section 8. Section 3.72.070 of the Bainbridge Island Municipal Code is amended as follows: 3.72.070 Public works - Formal bids. Whenever the estimated costs of a public works project, including materials, supplies, equipment and associated labor, will exceed the limitations set forth in RCW 39.04.155, as now existing or as hereafter amended, the same shall be done by contract awarded pursuant to the following formal bid procedure: A. Staff shall prepare bid specifications for completion of the public works project upon prior authorization by the city council. B. Calls for sealed bids shall 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. C. Calls for sealed bids will be posted in the same manner as ordinances. Ordinance No. 2003-23, Procedures for PW or Improvement Contracts 3~a Reading, July 9, 2003, Clean Version -3- D. Calls for bids shall contain the following information: 1. The general nature of the work; 2. A statement that the plans and specifications for the work are on file and available for public inspection at the city hall; 3. Instructions that bids must be sealed and filed with the city before a specified date; 4. Instructions that bids must be accompanied by a bid deposit of at least five percent of the amount of the bid in the form of a cashier's check, postal money order or surety bond made payable to the city. Calls for bids shall specify that no bids will be considered without the required deposit. E. Bids shall be opened on the date and time and at the place specified in the bid specifications, advertisements and public notices. F. Staff shall prepare bid tabulation sheets and shall recommend that the contract be awarded to the bidder determined to be the lowest responsible bidder who meets the terms of the specifications, conditions and qualifications of the call for bids. Alternatively, staff may recommend the rejection of any or all bids received. G. The city council shall review the bids, specifications and related materials, together with the staff recommendation, and may award the contract to the lowest responsible bidder. Alternatively, the city council may reject any or all submitted bids and may make a further call for bids in the same manner as the original call. H. If no bids are received on the first call, the city council may elect to re-advertise and make a second call for bids or may enter into a contract without any further call or may perform the work or improvement by day labor. I. Amendments or change orders. 1. Amendments or change orders to contracts requiring City Council approval under this chapter may be administratively approved by the Mayor if the changes are: a. Within the scope of the original contract; b. Consistent with an initial bid process, if any; c. Executed in writing; d. Within the budgeted amount for the projects; and Ordinance No. 2003-23. Procedures for PW or Improvement Contracts 3*a Reading, July 9, 2003, Clean Version -4- e. An increase of the contract award amount (CAA) as follows: Contract Award Amount Percentage Increase Limits in CAA (the greater of:) Less than $100,000 30% or minimum Min $ 0 Max $ 30,000 $100,000 to $500,000 20% or minimum Min $ 30,000 Max $100,000 Greater than $500,000 10% or minimum Min $100,000 Max $ 250,000 2. The value of all change orders to a single contract shall be aggregated. When any single change order, or combined change orders to the same project or single purchase exceeds the value limit, the change must be approved by City Council, except in the following instances: a. On service contracts used to accomplish an ongoing City program as opposed to completing a short term project or purchase, change order rules, including the aggregate rule, shall be applied on an annual basis. b. Where the size of the contract and the exhausting of change order authority make further change order authorization impractical, the City Council may, upon recommendation of the Mayor, extend the aggregate limits of subsection I. 1. for specific contracts. c. The public works director shall provide reports on public works project change orders to the City Council during the normal budget process.. 3. A work change directive may be used to: a. Authorize and direct work that will result in an increase in contract price within the administrative authority of the Mayor as provided in subsection I. 1. for specific contracts. Work change directives that affect the contract price shall be incorporated into a change order. b. Authorize and direct work that will result in an increase in contract price in excess of the administrative authority of the Mayor as provided in subsection I 1. where unforeseen conditions necessitate an immediate change to avoid a contractor's claim against the City for delays. The work change Ordinance No. 2003-23, Procedures for PW or Improvement Contracts 3~ Reading, Suly 9, 2003, Clean Version -5- directive shall be incorporated into a change order and presented to the City Council as soon thereafter as practicable. c. Authorize and direct emergency work that may result in an increase in contract price in excess of the administrative authority of the Mayor as provided in subsection I 1, where public health, safety and welfare are endangered. The work change directive shall be incorporated into a change order and presented to the City Council as soon thereafter as practicable. The City Council will be notified of work change directives issued in excess of the administrative authority of the mayor as soon as practicable. Section 9. Section 3.72.080 of the Bainbridge Island Municipal Code is amended as follows: 3.72.080 Public works--Small works roster established. A. A single general small works roster shall be established. The small works roster shall be maintained by the public works director and shall consist of all responsible contractors who have requested to be on the roster, and who, where required by law, are properly licensed to work in the state and in the city, and who keep current records of applicable licenses, certifications, registrations, bonding, insurance or other appropriate matters on file with the public works director. B. At least once each year, the public works director shall publish in the official newspaper or a newspaper of general circulation within the city a notice of the existence of the small works roster. The notice shall solicit the names of contractors for the small works roster. C. Responsible contractors shall be added to the small works roster at any time they submit to the public works director a written request to be added to the small works roster and provide copies of the records required herein. Section 10. Section 3.72.090 of the Bainbridge Island Municipal Code is repealed. Section 11. Section 3.72.100 of the Bainbridge Island Municipal Code is amended as folloWs: 3.72.100 Public works-- Small works roster use. Ordinance No. 2003-23, Procedures for PW or Improvement Contracts 3~ Reading, July 9. 2003, Clean Version -6- As permitted pursuant to this chapter, and as an alternative to the procedures set forth in BIMC 3.72.060 and 3.72.070, a small works roster and award of a contract thereunder may be used for public works projects where the estimated cost of such projects does not exceed the amount authorized by RCW 39.04.155, as now existing or as hereafter amended. Section 12. Section 3.72.110 of the Bainbridge Island Municipal Code is amended as follows: Section 3.72.110 Public works - Small works roster procedure. Whenever the city uses the small works roster for a public works project with an estimated cost below the small works roster threshold authorized by RCW 39.04.155, as now existing or hereafter amended, the city shall follow the following procedure: A. To ensure that a competitive price is established and that the public works contract is awarded to the lowest responsible bidder, the public works director shall secure written or electronic proposals from the appropriate contractors on the roster. Proposals may be invited from all contractors on the roster. Alternatively, proposals may be invited from at least five contractors on the roster who have indicated the capability of performing the kind of work being contracted, in a manner that will equitably distribute opportunity among the contractors; provided, that if the estimated cost of the work is from $100,000 to $200,000 and proposals are invited from less than all of the appropriate contractors on the small works roster, the public works director shall notify the remaining appropriate contractors that proposals on the work are being sought. The public works director, at the director's option, shall notify the remaining appropriate contractors by: 1. Publishing notice in the official newspaper or a newspaper of general circulation in the city; 2. Mailing notice to the remaining appropriate contractors; or 3. Sending a notice to the remaining appropriate contractors by facsimile or other electronic means. For purposes of this subsection, "equitably distribute" shall mean that the city shall not favor certain contractors on the small works roster over other contractors on the small works roster who perform similar services. Ordinance No. 2003-23, Procedures for PW or Improvement Contracts 3a Reading, July 9, 2003, Clean Version -7- B. The invitation for proposals 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. C. A contract awarded from the small works roster need not be advertised. D. The public works director shall award the contract to the lowest responsible bidder. E. Immediately after an award is made pursuant to the small works roster procedure, the public works director shall record the bid proposals obtained for the contract. The bid proposals shall be open to public inspection and shall also be available to the public by telephone inquiry. F. The public works director shall post a list of the contracts awarded using the small works roster at least once a year. The list shall contain the names of the contractors awarded the contracts, the amount of the contracts, a brief description of the type of work performed under the contracts, and the date the contracts were awarded. The list shall also state the location where the bid proposals for the contracts are available for public inspection. G. Nothing in this section shall be construed to permit the division of a public works project into units of work or classes of work to avoid the maximum dollar amount of a contract that may be awarded using the small works roster process. Section 13. Section 3.72.120 of the Bainbridge Island Municipal Code is amended as follows: 3.72.120 Public works-- Limited Public Works Projects Process. A. In lieu of awarding contracts under BIMC 3.72.110, the public works director may award a contract for a public works project estimated to cost less than $35,000 pursuant to the limited public works process set forth in this section. Public works projects awarded under this section are exempt from the other requirements of the formal bidding and small works roster process set forth in this chapter. B. For any limited public works project, the public works director shall solicit electronic or written quotations from a minimum of three appropriate contractors from the small works roster. Ordinance No. 2003-23, Procedures for PW or Improvement Contracts 3~ Reading, July 9, 2003, Clean Version -8- C. The public works director shall award the contract to the lowest responsible bidder. D. After an award is made, the quotations shall be open to public inspection and available by electronic request. E. The public works director shall attempt to distribute opportunities for limited public works projects equitably among contractors willing to perform in the geographic area of the work. F. The public works director shall maintain a list of the contractors contacted and the contracts awarded during the previous 24 months under the limited public works project 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. G. For limited public works projects, the public works director may waive the payment and performance bond requirements of Chapter 39.08 RCW, and the retainage requirements of Chapter 60.28 RCW; provided, however, that such waiver shall not compromise or limit the city's right of recovery against the contractor for any payments made by the city on the contractor's behalf. H. Nothing in this section shall be construed to permit the division of a public works project into units of work or classes of work to avoid the maximum dollar amount of a contract that may be awarded using the limited public works process. Section 14. Section 3.72.130 of the Bainbridge Island Municipal Code is amended as follows: 3.72.130 Waiver of bidding procedures in cases of emergency. A. The bidding requirements of this chapter for public works contracts shall not apply in cases of emergency. If an emergency exists, the mayor shall declare that an emergency situation exists, recite the facts constituting the emergency, waive competitive bidding requirements, and award all necessary contracts on behalf of the city. If a contract is awarded without competitive bidding due to an emergency, the mayor shall report to the city council such emergency expenditures within seven days of the declaration of emergency. The city council shall by resolution make and duly enter a written finding of the existence of an emergency no later than fourteen days following the award of the contract. Ordinance No. 2003-23, Procedures for PW or Improvement Contracts 3~ Reading, July 9, 2003, Clean Version -9- B. For the purposes of this section, "emergency" means unforeseen circumstances beyond the control of the city that either present a real and immediate threat to the proper performance of essential functions or will likely result in material loss or damage to property, bodily injury or loss of life if immediate action is not taken. Section 15. A new Section 3.72.140 is added to the Bainbridge Island Municipal Code as follows: 3.72.140 Contract procedures for architectural or engineering services. A. Once each calendar year, the public works director shall publish in the official newspaper, or a newspaper of general circulation, an announcement stating the city's projected requirements for certain categories or types of architectural and engineering services. The announcement shall state concisely the general scope and nature of the project(s) or work for which the services are required and shall provide the city's address. B. For the purposes of this section, "architectural and engineering services" shall mean professional services rendered by any persons, other than as an employee of the city, contracting to perform activities within the general definition of professional practice in chapters 18.08, 18.43 and/or 18.96 RCW. C. If the city requires any architectural and/or engineering services not contained in the city's annual announcement, the public works director shall publish additional announcements on each occasion. An additional announcement for architectural and/or engineering services shall be published in the official newspaper not less than two weeks prior to the closing date for receipt of requests for qualifications. D. In the procurement of architectural and/or engineering services, the public works director shall encourage firms engaged in the lawful practice of their profession to submit annually a statement of qualifications and performance data. E. Firms responding to the annual or additional announcements shall submit to the public works director: 1. A proposed scope of services; 2. Performance data; and 3. A letter of interest that includes statements regarding the availability of the firm to complete the work within the stated time period, Ordinance No. 2003-23, Procedures for PW or Improvement Contracts 3*d Reading, July 9, 2003, Clean Version - 1 0- current references, the f~'rn's insurance coverage and the firm's financial stability. F. The public works director shall evaluate current statements of qualifications and performance data on file, together with those that may be submitted by other firms regarding the proposed project, and shall conduct discussions with one or more fn'ms regarding anticipated concepts and the relative utility of alternate methods of approach for furnishing the required services. G. The public works director shall select from the firms responding to the city's annual or additional announcements, based upon the criteria and guidelines established by the public works director, the firm deemed to be the most highly qualified to provide the services required for the proposed project. H. After the public works director has determined the firm most highly qualified to provide the services required, the public works director shall negotiate a contract with that firm for the services at a price which the public works director determines to be fair and reasonable. In making the determination, the public works director shall take into account the estimated value of the services to be rendered as well as the scope, complexity and professional nature thereof. If the public works director is unable to negotiate a satisfactory contract with the firm selected at a price the director determines to be fair and reasonable, negotiations with that firm shall be formally terminated and the public works director shall select other firms in accordance with this section until an agreement is reached or the process is terminated. I. Once the public works director has negotiated a satisfactory contract for architectural and/or engineering services, the city council shall review and approve the contract prior to execution of the contract by the mayor. J. The city shall not be required to comply with this section when an emergency situation exists. In cases of emergency, contracts for architectural and/or engineering services may be awarded pursuant to the procedures set forth in BIMC 3.72.130. Section 16. This ordinance shall take effect and be in force five days from and after its passage, approval and publication as required by law. PASSED by the City Council this 9th day of July, 2003. APPROVED by the Mayor this 1 lth day of July, 2003. Ordinance No. 2003-23, Procedures for PW or Improvement Contracts 3~ Reading, July 9, 2003, Clean Version -11- ~)arlen~ Kord~no~wy, Mayor ATTEST/AUTHENTICATE: --'/c~/,~t-~.~,~i:'~t~ e~4c~ ~ ~1: Susan P. Kaspei, City (~lerk' APPROVED AS TO FORM: Rod P. Kaseguma, City Attorney Filed with the City Clerk: June 20, 2003 Passed by the City Council: July 9, 2003 Published: July 16, 2003 Effective Date: July 21, 2003 Ordinance Number 2003-23 H:\RANDY~Ord 2003-23 Purchasing-markupq)61203.DOC Ordinance No. 2003-23, Procedures for PW or Improvement Contracts 3~ Reading, July 9, 2003, Clean Version -12-