HomeMy WebLinkAbout29. 18-50JANUARY 23, 2018 18-50 ORDINANCE
FIRST READING
(CARRIED LOST LAID OVER WITHDRAWN )
PURPOSE: AMEND ORDINANCE AUTHORIZING PUBLIC CONSTRUCTION
FOR CERTAIN CLASSES OF WORK
INITIATED BY: CITY ADMINISTRATION
A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND
RECREATING SECTION 12-9 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO
PUBLIC WORKS CONSTRUCTION PROJECTS TO AUTHORIZE CERTAIN CLASSES OF
PUBLIC CONSTRUCTION TO BE DONE DIRECTLY BY THE CITY WITHOUT
SUBMITTING THE SAME FOR BIDS
WHEREAS, Wisconsin Statute §62.15 permits municipalities to authorize by three-
fourths vote of all members -elect to provide by ordinance that any class of public
construction or any part thereof may be done directly by the City without submitting the
same for bids; and
WHEREAS, the Department of Public Works and Department of Transportation are
able to publicly perform certain types of work and it is expedient to allow the Departments
to perform such work without bidding and without further specific authorization from the
Council when in the opinion of the Director of Public Works or Director of Transportation
such work can be performed by municipal crews in a timely and cost effective manner and
within budget.
The Common Council of the City of Oshkosh do ordain as follows:
SECTION 1. That Section 12-9 of the Oshkosh Municipal Code pertaining to Public
Works Construction Projects is hereby repealed and recreated to read as follows:
SECTION 12-9 PUBLIC WORKS CONSTRUCTION PROJECTS
(A)Public Bidding — Projects in excess of $25,000. In accordance with
Wisconsin State Statute Section 62.15, as amended or renumbered, and
JANUARY 23, 2018 18-50 ORDINANCE
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except as specifically permitted by statute or as provided below, all
public works projects for which the cost may exceed $25,000 must be
competitively bid. The bidding and award process for such projects
shall be governed by Section 66.0901, as amended or renumbered, of
the Wisconsin State Statutes.
(S) Public Works Projects less than $25,000. Public Works projects for
which the cost is expected to be less than $25,000 need not be publicly
bid however, except as specifically permitted by statute or as provided
below, all Public Works projects for which the cost may exceed $5,000
but are anticipated to not exceed $25,000 must be noticed with a Class
I Notice as provided in Wisconsin State Statute Section 62.15.
(C) Work to be done directly by the City
1) Wisconsin Statutes permit the Common Council by a vote of three-
fourths of all the members -elect to provide by ordinance that any class
of public construction or any part thereof may be done directly by the
City without submitting the same for bids.
2) The Council hereby provides that the following classes of work may be
performed directly by the City without submitting the same for bids
and without additional Council approval when in the opinion of the
Director of Public Works or Director of Transportation, as appropriate,
such work can be performed by municipal crews in a timely and cost
effective manner and within budget:
a) grading and graveling, repair, resurfacing and reconstruction of
streets or alleys;
b) construction, repair or maintenance of sanitary or storm sewers,
water mains and other municipal utilities;
c) repair, alterations or improvements to, and demolition and removal
of structures on municipal property or property to be acquired by
the City;
d) installation, repair or maintenance of street lights, traffic signals and
signage
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e) construction, installation, repair or maintenance of electrical, cable
or fiber optics systems
Public works projects other than as specifically listed above, may be done
directly by the City upon specific approval of the project by a vote of three-
fourths members -elect of the Common Council as provided in subsection (1)
above.
SECTION 2. This ordinance shall be in full force and effect from and after its
passage, and publication.
SECTION 3. Publication Notice
Please take notice that the City of Oshkosh enacted ordinance #18 -XXX (A GENERAL
ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING SECTION
12-9 OF THE OSHKOSH MUNICIPAL CODE PERTAINING TO PUBLIC WORKS
CONSTRUCTION PROJECTS TO AUTHORIZE CERTAIN CLASSES OF PUBLIC
CONSTRUCTION TO BE DONE DIRECTLY BY THE CITY WITHOUT SUBMITTING THE
SAME FOR BIDS) on February 13, 2018. The ordinance amends existing ordinances to
permit the Departments of Public Works and Transportation to perform certain work
without bidding and without further specific authorization from the Council when in the
opinion of the appropriate Department Director such work can be performed by municipal
crews in a timely and cost effective manner and within budget.
The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church
Avenue and through the City's website at www.ci.oshkosh.wi.us. Clerk's phone:
920/236-5011.
TO: Mayor and Members of the Common Council
FROM: Lynn A. Lorenson, City Attorney
DATE: January 18, 2018
RE: Amend Ordinance Authorizing Public Construction for Certain Classes of Work
BACKGROUND
Wisconsin Statutes permit municipalities to authorize by a three-fourths vote of all members -
elect to provide by ordinance that any class of public construction or any part thereof may be
done directly by the City without submitting the same for bids. The current code permits certain
types of work to be performed under this provision of the state statute, however staff is
proposing an update to the current code provision both to clarify the current provision and to
add additional types of work that are relatively routinely able to be performed by city personnel.
ANALYSIS
Wisconsin Statutes permit municipalities to authorize by a three-fourths vote of all members -
elect to provide by ordinance that any class of public construction or any part thereof may be
done directly by the City without submitting the same for bids. The Department of Public
Works and Department of Transportation are able to publicly perform certain types of work on
a routine basis. Staff is proposing to update the current code to very clearly identify the types
of work that can be performed by City personnel and when additional approval from Council
is necessary to perform such work with City crews and without public bidding.
The proposed ordinance would allow the Departments of Public Works and Transportation to
perform the listed categories of work whenever in the opinion of the Director of Public Works
or the Director of Transportation that work can be performed by municipal crews within existing
budgets and in a timely and cost effective mariner. The types of work include: grading and
graveling, street repair and resurfacing, repair and maintenance of storm, sanitary or water
pipes and laterals, demolition of structures, and installation and repair or maintenance of traffic
signals and electrical services.
City Hall, 215 Church Avenue P.O. Box 1 130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us
FISCAL IMPACT
There is no direct fiscal impact from this ordinance. The ordinance updates and clarifies the
current ordinance and would allow the City to save costs of publication and bidding for projects
the City is able to complete with City crews and/or to expedite the process by allowing crews to
proceed without additional specific approval for projects within the department's/division's
skills and budget as determined by the Directors of the departments.
RECOMMENDATION
Staff recommends approval of the proposed ordinance.
Respectfully Submitted,
ynn Lorenson
City Attorney
Approved:
Mark A. Rohloff
City Manager
City Hall, 215 Church Avenue P.O. Box 1130 Oshkosh, WI 54903-1130 920.236.5000 http://www.ci.oshkosh.wi.us