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HomeMy WebLinkAbout3973 Ordinance ORDINANCE NO. 3 l AN ORDINANCE of the City of Pasco, Washington, amending Chapter 14.10 of the Pasco Municipal Code entitled "Qualification for Public Works Construction"; and adding a new Section 14.10.025 "Limited Prequalification Requirement." WHEREAS, the City of Pasco requires that contractors be qualified to perform public works construction; and WHEREAS, the City Council has determined that it is necessary and desirable to amend its regulation concerning prequalification of contractors; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 14.10.010 entitled "Bidder Responsibility and 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 any public works contract under RCW 39.06.010 or RCW 39.12.065 (3). B) Upon determination by the Public Works Director that unique or specialized 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) Sueeessfull ompl°*°a Demonstrate successful completion of 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. 4rC-LSupplemental criteria, the basis for evaluation, and appeal periods shall be provided in the invitation to bid or bidding documents. 54-If the bidder fails to supply information requested for deterniinin2 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. 64- )_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 bidding documents. (Ord. 3885, 2008). Section 2. That Section 14.10.020 entitled "Prequalification" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 14.10.020 PREQUALIFICATION. 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 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 (see exception for limited prequalification below), structures, sewer lines, water lines, storm drainage lines, irrigation lines, or appurtenances thereto, either by public works contract or by private development, shall prequalify for the performance of such work demonstrating that they posses 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 forms shall only be issued to prequalified contractors. Contractors may qualify for public works contracts having an estimated contract price of less than $300,000 by submission of a limited prequalification questionnaire (short form) with at least two (2) years demonstrated experience; and/or public works contracts having an estimated cost in excess of $300,000 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. 8) Street lights. 9) Water pipeline (up to 12 inches). 10)Water pipeline (greater 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 eligibility upon consideration of: 1) 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 period. The criteria for determination of lack of necessary experience, organization, of technical qualifications shall be those identified in WAC 468-16-070. 2) Whether the contractor can perform promptly or within the time specified, without delay or interference. The criteria for determining the inability to comply with the performance schedule shall be as established by WAC 468-16-060. 3) The contractor's reputation, experience, and efficiency in performance and completion of similar public works projects. 4) The demonstrated quality of performance of previous public works projects by the contractor. The criteria for determination of unsatisfactory work performance shall be those identified in WAC 468-16-040. 5) 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. 6) The demonstrated sufficiency of the financial resources 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. 8) The ability of the contractor to provide future maintenance and service for the work performed. 9) Satisfaction of all bidder responsibility requirements under PMC 14.10.010 (1) above. 10) 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. 3929, 2009; Ord. 3885, 2008; Ord. 3455 Sec. 1, 2000.) Section 3. That new Section 14.10.025 entitled "Limited Prequalification Requirement" of the Pasco Municipal Code is hereby added and shall read as follows: 14.10.025 LIMITED PREQUALIFICATION REQUIREMENT. A person or entity intending to bid or perform sidewalk work only may be prequalified for public works sidewalk contracts having an estimated contract price of less than $300,000 upon satisfaction of one of the following: A) Demonstration of at least one (I) year experience as a sidewalk installer, or B) Demonstrate sidewalk installation experience of at least three (3) times the lineal footage of sidewalk as is proposed for bid or installation, or C) Post a perfonnance bond (on such form as is acceptable to the City) or cash deposit equal to 150% of the City Engineer's estimate for the proposed sidewalk work. Section 4. That Section 14.10.030 entitled "Application Required" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 14.10.030 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;Lexcept pefmits feqUiFed uncle•• Title " o this Code {; •• Pain,.• street „r for sidewalk construction or modification work under Section 14.10.025), 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 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 updated including financial information, contract experience,bonding, and claims. (Ord. 3885, 2008; Ord. 3455 Sec. 1, 2000.) Section 5. 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 9f the City of Pasco, Washington, and approved as provided by law this J day of , 2010. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: , Debbie Clark, City Clerk_ Leland B. Kerr, City Attornq