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