HomeMy WebLinkAbout3885 Ordinance ORDINANCE NO. 3 0 0
AN ORDINANCE of the City of Pasco, Washington, amending
Chapter 14.10 "Qualification for Public Works Construction" of the Pasco
Municipal Code
WHEREAS, due to the potential widespread affect of public works construction on the
quality of life to the citizens of the City, it is necessary to insure that the bidders for such projects
have demonstrated they are responsible bidders, prepared, and qualified to perform these
essential services; and
WHEREAS, the City has since 2000 by the enactment of Ordinance No. 3455,
recognized that the integrity of the utility services necessary to provide for the health of its
citizens is dependent upon the quality of the installation and construction of the elements of
those systems and has maintained qualification requirements for contractors performing public
works construction; and
WHEREAS, the Washington legislature has, likewise, recognized the need to establish
bidder responsibility criteria to be utilized by municipalities in the selection of responsible
bidders through the bidding process; and
WHEREAS, for the purpose of implementing this additional statutory criteria to those
procedures utilized by the City to determine bidder responsibility, and to insure the high level of
qualifications necessary for the construction of critical public works projects involving the
infrastructure of the City; NOW,THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Chapter 14.10 entitled"Qualification for Public Works Construction"
of the Pasco Municipal Code shall be and hereby is amended and shall read as follows:
14.10.010 BIDDER RESPONSIBILTY AND QUALIFICATION FOR PUBLIC
WORKS CONSTRUCTION.
A) Before award of a public works contract, a bidder_ must meet the following
responsibility criteria to be considered a responsible bidder eligible to be awarded a public works
contract. The bidder must:
1 At the time of the bid submittal have a certificate of contractor
registration in compliance with Chapter 18.27 RCW,
2) Have a current state unified business identifier_number.
3) If applicable have industrial insurance coverage for the bidder's
employees working in Washington as required by Title 51 RCW• an employment security
department number as required by Title 50 RCW• and a state excise tax registration
number as required by Title 82 RCW.
4) Not be disqualified from bidding on M public works contract under
RCW 39.06.010 or RCW 39.12.065 (3).
B Upon determination by the Public Works Director that unique orspecialized skills
are necessary for the construction of a public works project in compliance with the specifications
and standards for such project as adopted by the City, additional supplemental bidding criteria
may be required for determination of a responsible bidder for that project. Such supplemental
criteria shall:
1 Demonstrate successful experience of at least two public works projects of
the same nature and cost within the prior five (5) years.
2) Successfully completed a public works project of the same nature and
character of the proposed project including but not limited to similar size and quantities,
occupancy, staged-construction continued use or accessibility during construction, or
specialized construction techniques or processes
3) Demonstrate sufficient financial capacity to fulfill the contract.
4) Supplemental criteria, the basis for evaluation, and appeal periods shall be
provided in the invitation to bid or bidding g ocuments.
5) If the bidder fails to supply information requested concerning the
responsibility within the time and manner specified in the bid documents, the City may
base its determination of responsibility upon any available information related to the
supplemental criteria or may find the bidder not responsible.
6) In the event the City determines the bidder not to be responsible, the City
must provide in writing the reasons for the determination and provide the bidder an
administrative appeal of the determination within the period specified within the biddies
documents.
14.10.0-120 PURPOSE PREQUALIFICATIQN.
A) It has been determined that the infrastructure improvements of the essential
services providing transportational access, water, irrigation, storm water and sewer utilities,
requires sufficient qualifications to provide for the health safety and welfare of the citizens of
the City. Every person or entity '' d to atfa ter- sh ", prior- tO PvFf"" i"b
intending to bid and perform any construction, modification, extension or improvement affecting
directly or indirectly any City utility or street infrastructure elements, including, but not limited
to, streets, sidewalks, structures, sewer lines, water lines, storm drainage lines, irrigation lines, or
appurtenances thereto, either by public works contract or by private development, shall
demenstfete to the satisfaration—e re--Gity prequalify for the performance of such work
demonstrating that they possess the financial and technical ability, resources and experience to
perform the work in accordance with the standards and specifications adopted by the City. Public
works proposal form shall only be issued to prequalified contractors.
Ordinance Amending Chapter 14.102
Page 2
Contractors may ualif y for public works contracts having an estimated contract price of
less than $200,000 by submission of a limited prgqualification questionnaire short form with at
Ieast two 2 ears demonstrated ex erience• and/or public works contract having an estimated
cost in excess of$200,000 by submission of the prequalification questionnaire (long form).
The applicant may apply for preQualification in any or all of the following project
categories:
1) Clearing, grubbing=grading and drainage.
2) Production and placing of crushed materials.
3) Bituminous surface treatment.
4) Asphalt concrete paving_
5) Cement concrete paving_
6) Street striping_
7) Traffic signals.
S) Street lights
9) Water pipeline(up to 12 inches).
10 Water pipeline eater than 12 inches).
11) Storm water facilities.
12) Sewer pipeline (12 foot and shallower).
13) Sewer pipeline(greater than 12 feet in depth).
14) Sidewalks/curb and gutter.
15) Landscaping parks/irrigation.
16) Pump stations.
B) The City shall determine if the eent-acAer's eligibility and qua4ifieatiefi as
r-espensible bidd upon consideration of:
Ordinance Amending Chapter 14.103
Page 3
f41� The documented ability, capacity and skill of the contractor of at least two
public works projects of similar size nature and cost within the preceding five (5) year
eriod. The criteria for determination of lack of necessga experience, organization, of
technical qualifications shall be those identified in WAC 468-16-070.
I2) Whether the contractor can perform promptly or within the time specified
without delay or interference. The criteria for determining the inability to cornply with
the performance schedule shall be as established by WAC 468-16-060.
C-3) Thei F The contractor's reputation, experience, and efficiency ef—the
^`ten raeter in performance and completion of similar Public works projects.
D44) The demonstrated quality of performance of previous public works
projects by the contractor. The criteria for determination of unsatisfactory work
performance shall be those indentified in WAC 468-16-040.
E5) The previous and existing compliances by the contractor with laws and
ordinances relating to the contracts or services to be provided in the public works
contract.
FM The demonstrated sufficiency of the financial resources and ability of the
to perform the contract which shall require a verified net worth of
not less than the estimated cost of the public works project when multiplied by a factor of
five.
7) Adequate bonding and bonding history to demonstrate continuous
uninterrupted bonding capacity.
G�) The ability of the contractor to provide future maintenance and service for
the work performed. and
9) Satisfaction of all bidder responsibility requirements under PMC
14.10.010 (A-1) above.
HIO) Such other reasonable information as bears on integrity, judgment and
skills of the contractor. The criteria for determination of an unsatisfactory record of
integrity or judgment shall be based upon WAC 468-16-050. (Ord. 3455 Sec. 1, 2000.)
14.10.0230 APPLICATION REQUIRED. The City shall, prior to furnishing any
contractor desiring to bid upon any work affecting any City utility or street 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 from 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
Ordinance Amending Chapter 14.104
Page 4
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 or street
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.
Prequalification
applications shall be reviewed every year and renewed every three 3) years with all information
being u dated including financial information contract experience, bonding, and claims. (Ord.
3455 Sec. 1, 2000.)
14.10.0340 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 as provided in RCW 42.56.270. (Ord. 3455 Sec. 1, 2000.)
14.10.050 REVOCATION OF PREQUALIFICATION STATUS. The Public Works
Director, based upon an investigation determining the cause exists, may revoke a contractor's
prequalification status for any of the following causes:
AZ Unsatisfactory record of integrity and judgment consisting of those deficiencies as
defined in WAC 468-16-050.
B) Intentional falsification or unauthorized destruction of related records.
C Default on a contract within three 3 ears prior to the date of a lication for
prequalification.
D) Bankruptcy or insolvency.
E) Breach of contract.
F) Revocation, suspension or impairment of any required bond.
The Public Works Director shall provide to the contractor written notice of revocation of
prequalification eligibility which shall state the effective date of the revocation and contractor's
right of appeal as provided in this Chapter.
14.10.0460 APPEAL. q4ie City's
tmiess appeal thefeftem is made within ten (10) days of the date of deteFminatieft by the City
Any person or entity aggrieved by the determination of the
Public Works Director regarding bidder responsibility and qualification as provided in P_MC
14.10.010 and prequalifcation as provided in PMC 14.10.020, may, within ten (10) days of the
date of the written notice of denial of qualification or revocation of Qualification, file a written
Ordinance Amending Chapter 14.105
Page 5
request for an administrative anneal before the City Manager or his designee. An administrative
appeal hearing shall be held before the City Manager, or his desiwiec, within ten 10 days of the
date of the a eal and a determination shall be issued by the City Manager, or his designee,
within five (5) days of the date of the hearing. The City Manager, or his designee's,
determination of eligibility shall be conclusive unless appeal therefrom is made within ten (10)
days of the date of determination to the Franklin County Superior Court to be heard on the record
pursuant to RCW 36.70C.020. (Ord. 3455 Sec. 1, 2000.)
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided bylaw this 3f�day of .—, 2008.
<z6z'(-Ili-(
JoyceCOfIsonj
Mayo
ATTEST: APPROVED AS TO FORM:
-1 )AI k a ,Debbie ark Leland B. Kerr
City Clerk City Attorney
Ordinance Amending Chapter 14.106
Page 6