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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