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HomeMy WebLinkAbout3455 Ordinance -♦ + t S ORDINANCE NO. 3455 AN ORDINANCE of the City of Pasco, Washington, enacting Chapter 14.10 of the Pasco Municipal Code entitled "Qualifications for Public Works Construction." WHEREAS, it is in the best interest of the citizens of the City of Pasco that quality infrastructure construction occur of the essential elements of City utility services including water, sewer, storm water, streets and sidewalks, and WHEREAS, the integrity of the utility services necessary to provide for the health of the citizens of the City of Pasco is dependant upon the quality of the installation and construction of the elements of those systems where they are constructed as a part of a public works project or by private development ultimately to be integrated into and become a part of the City utility services, and WHEREAS, the failure of a contractor to be adequately qualified jeopardizes the quality of these essential services, and substantially increases the ultimate cost of providing these services and taxes the limited resources available from the City to provide project inspection and repair of incomplete or inadequate work, and WHEREAS, the City restricts and requires approval of any contractor affecting a City utility service, and maintains the right to determine whether a contractor is a responsible bidder or service provider and in an effort to identify those contractors eligible to be deemed a "responsible" contractor or bidder, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That a new chapter be added to the Pasco Municipal Code designated as Chapter 14.10 entitled "Qualification for Public Works Construction" shall be and is hereby adopted and shall read as follows: CHAPTER 14.10 QUALIFICATION FOR PUBLIC WORKS CONSTRUCTION SECTION: 14.10.010 Purpose 14.10.020 Application Required 14.10.030 Financial Information Not Open to Public Information 14.10.040 Appeal Y 14.10.010 PURPOSE. Every person or entity hereinafter referred to as Contractor shall, prior to performing any construction, modification, extension or improvement affecting directly or indirectly any City utility infrastructure elements, including, but not limited to, streets, sidewalks, structures, sewer lines, water lines, storm drainage lines, or appurtenances thereto, either by public works contract or by private development, shall demonstrate to the satisfaction of the City that they posses the financial and technical ability to perform the work in accordance with the standards and specifications adopted by the City. The City shall determine if the contractor's eligibility and qualification as responsible bidder upon consideration of: A) The ability, capacity and skill of the contractor; B) Whether the contractor can perform promptly or within the time specified, without delay or interference; C) Their reputation, experience, and efficiency of the contractor; D) The quality of performance of previous projects by the contractor; E) The previous and existing compliances by the contractor with laws and ordinances relating to the contracts or services; F) The sufficiency of the financial resources and ability of the contractor to perform; G) The ability of the contractor to provide future maintenance and service for the work performed; and H) Such other information as bears on integrity, judgment and skills of the contractor. 14.10.020 APPLICATION REQUIRED. The City shall, prior to furnishing any contractor desiring to bid upon any work affecting any City utility infrastructure element or for which a call for bid proposals has been published, with a contract proposal form, or any required application affecting the City utility services, except permits required under Title 12 of this Code for minor street or sidewalk construction or modification, require from the contractor answers to questions contained in the standard form questionnaire and financial statement which shall include a complete statement of financial ability and experience of the contractor to perform work affecting the City utility infrastructure elements or other public works. The questionnaire and financial statement shall contain a statement verified by the applicant that the information contained thereon is truthful and accurate. Whenever the City is not satisfied with the sufficiency of the answers contained in the questionnaire and financial statement or whenever the City determines that the contractor does not meet all of the requirements set forth in this section, it may refuse to furnish a contractor with a contract proposal form or reject any bid proposal submitted by the contractor, or deny any application effecting City utility infrastructure elements. Proof of current eligibility for bidding projects of the Washington State Department of Transportation, pursuant to RCW 47.28.070, may be accepted by the City as compliance with this section. The City shall promptly determine and maintain a list of the responsible contractors eligible to perform services governed by this Chapter. Applications shall be submitted by contractors annually or at such times that the City may require. 14.10.030 FINANCIAL INFORMATION NOT OPEN TO PUBLIC INSPECTION. The City shall not be required to make available for public inspection and copying financial information supplied by the contractor for the purpose of qualifying for eligibility under this Chapter. 14.10.040 APPEAL. The City's determination of eligibility shall be conclusive unless appeal therefrom is made within ten (10) days of the date of determination by the City to the Franklin County Superior Court. Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington and approved as provided by law this 18th day of December, 2000. Michael L. aln on, Mayor ATTEST: APPROVED AS TO FORM: Catherine D. Seaman, Deputy City Clerk Leland B. Kerr, City Attorney