Chapter 3.80
PUBLIC WORKS PROJECTS
Sections:
3.80.010 Findings and background.
3.80.020 Authority to prequalify.
3.80.050 Change order authority.
3.80.010 Findings and background.
The city council of the city of Everett finds:
A. That numerous bids on city public works projects are submitted by contractors and contractor personnel with whom the city has not had previous dealings and with whom the city has no previous experience on which to evaluate their background and qualifications to perform the work.
B. That contractors who are inexperienced in the work to be performed, or parts thereof, sometimes underestimate the costs and as a result, suffer financial loss and submit disputed claims against the city in order to attempt to recoup their losses.
C. That direct price competition among contractors experienced in the work to be performed is desirable and to be encouraged, but, where an award is made to contractor submitting the lowest bid and such contractor is inexperienced in the work, the quality of the project may be jeopardized and the time, effort and cost of city project supervision is increased.
D. That inexperienced and unqualified contractors often have problems with personnel, environmental safety, supervision, and project scheduling, which problems result in delays, risk of injury to person and property and failure of the work product to meet specifications.
E. That prequalification of bidders to establish capability is particularly desirable where new technology will be used or difficult working conditions will be encountered. (Ord. 2006-94 § 1, 1994)
3.80.020 Authority to prequalify.
The mayor is authorized to establish prequalification for public works project bidders on a project-by-project basis. Where the mayor determines prequalification is appropriate for certain public works projects, said qualifications may include, but are not limited to, criteria related to:
A. Financial resources;
B. Experience and technical qualifications in the proposed work;
C. Satisfactory record of performance, integrity, judgment and skills;
D. Eligibility to receive and award under applicable laws, regulations and project specifications (bonding, liability insurance, etc.). (Ord. 2006-94 § 2, 1994)
3.80.030 Minimum competition.
Bidding by prequalified bidders shall not proceed unless at least two bidders are qualified to bid and at least two bids are submitted. (Ord. 2006-94 § 3, 1994)
3.80.040 Disputes.
The city council shall hear and determine all disputes regarding bidders’ prequalification to submit bids on a public works project. City council’s decision regarding prequalified bidders or final determination of a prequalification dispute shall be conclusive unless appealed therefrom to the superior court of Snohomish County within five days of city council action. Said appeal shall be heard summarily on the record or on affidavits after ten days notice hearing by either party. (Ord. 2006-94 § 4, 1994)
3.80.050 Change order authority.
A. Definitions.
1. “Change order” means a written amendment or modification of a contract for the construction of a public work, including, but not limited to, contracts for construction of a public work using alternative public works processes authorized by state law, such as Chapter 39.10 RCW.
2. “Public work” has the same meaning as defined in RCW 39.04.010 or its successor.
3. “Small works” has the same meaning as defined in RCW 39.04.155 or its successor.
B. Purpose. The purpose of this section is to authorize the mayor or the mayor’s designee to direct contractors to perform additional work that does not materially change the intended scope of the project and to execute change orders in public work projects under certain circumstances without prior express council approval. Council retains the right to direct additional work or to authorize execution of a specific change order, even if this section does not require prior express council approval.
C. Public Work Under Five Hundred Thousand Dollars. The mayor or the mayor’s designee is authorized to direct contractors to perform additional work and to sign change orders on a public work project where the original contract value is under five hundred thousand dollars to the extent the sum of the change orders do not exceed twenty percent of the original contract value.
D. Public Work at Least Five Hundred Thousand Dollars and Less Than One Million Dollars. The mayor or the mayor’s designee is authorized to direct contractors to perform additional work and to sign change orders on a public work project where the original contract value is at least five hundred thousand dollars and less than one million dollars to the extent the sum of the change orders do not exceed an amount equal to one hundred thousand dollars plus fifteen percent of the original contract value that exceeds five hundred thousand dollars.
E. Public Work at Least One Million Dollars and Less Than Five Million Dollars. The mayor or the mayor’s designee is authorized to direct contractors to perform additional work and to sign change orders on a public work project where the original contract value is at least one million dollars and less than five million dollars to the extent the sum of the change orders do not exceed an amount equal to one hundred seventy-five thousand dollars plus ten percent of the original contract value that exceeds one million dollars.
F. Public Work of at Least Five Million Dollars. City council may by resolution authorize the mayor or the mayor’s designee to direct the contractor to perform additional work and to execute change orders for a public work project whose original contract value is at least five million dollars. If city council does not adopt such a resolution, then the mayor or the mayor’s designee is authorized to direct contractors to perform additional work and to sign change orders on a public work project where the original contract value is at least five million dollars to the extent the sum of the change orders does not exceed an amount equal to five hundred seventy-five thousand dollars plus five percent of the original contract value that exceeds five million dollars.
G. Time Extensions. The mayor or the mayor’s designee may extend contract time up to thirty working days or forty-five calendar days per change order without prior council approval, irrespective of the original contract value of the public work; provided, that the total of change order time extensions shall not, without prior council approval, extend contract time by more than (1) fifty percent of the original contract time, (2) thirty working days, or (3) forty-five calendar days, whichever of (1), (2) and (3) is greatest.
H. Exceptions.
1. Before or during the course of a particular public work, council may by resolution authorize different or additional limits for change orders or withdraw the authority granted by this section.
2. Change order authority for small works is governed by the city’s purchasing guidelines.
I. Review. City council may review this section one year after the effective date of the ordinance codified in this section. (Ord. 3267-12 §§ 1—3, 2012; Ord. 2761-04 §§ 2—10, 2004)