Ordinance 4379ORDINANCE NO.4379
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING CHAPTER 18.00 ECDC (PUBLIC WORKS
REQUIREMENTS; GENERAL REQUIREMENTS) TO UPDATE
REFERENCES TO THE APPRENTICE REQUIREMENTS OF RCW
39.04.320 AND THE RESPONSIBLE BIDDER CRITERIA
REQUIREMENTS OF RCW 39.04.350; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
WHEREAS, the Washington State Legislature has enacted legislation revising the
requirements in RCW 39.04.320 relating to the use of apprentices and the requirements in RCW
39.04.350 relating to bidder responsibility criteria; and
WHEREAS, the City Council has recently adopted a comprehensive update to the City of
Edmonds Contracting and Purchasing Policies and Procedures that includes these updates to state law;
and
WHEREAS, after review and discussion, the City Council has determined it to be
appropriate to amend Sections 18.00.050 ("Apprentice Requirements") and 18.00.060 ("Bidder
Responsibility Criteria") of the Edmonds Community Development Code (ECDC) to update the
language in the code to simplify the information provided therein and to reference state law and the
Contracting Purchasing Policies and Procedures for more detailed information on these topics;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. ECDC 18.00.050 is amended to read as follows (deleted text is shown in
�t++lre-tl eu ,h; new text is shown in underline):
This section is intended to supplement, and to be followed in conjunction with RCW 39.04.320 as
it is currently in effect or hereafter amended, and the City of Edmonds Contracting and Purchasing
Policies and Procedures, dated Januafy 2012 October 2024 or as amended ("Purchasing Policies").
A. Definitions. Terms relating to apprentice requirements are defined in the Purchasing
Policies.
1
,ter
llouFly wage whe aFe diFeetly employed on the site 4the public waFk and whe aFe
the site efthe public werk, and
4. ..
excluding taxes and contingenly funds.
Washingtonfaw
approved OF Hized by the
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B. Apprentice Utilization. Apprentices shall be utilized for the construction of public works
by contractors and subcontractors in accordance with this section.
1. Apprenticeship Utilization Program Requirements Fiec-rl. Apprenticeship utilization on
citypublic works contracts shall comply with the requirements of RCW 39.04.320 and the
Purchasing; Policies. WeF pub! ic works eawFaets with an estimated eost of $ 1,000.000 0
PeFl;qmied by a, ,
2. Contract Requirements. Contract documents for s>&e# public works construction projects
shall include provisions detailing the apprentice labor requirements of RCW 39.04.320 and
the Purchasing Policies.
3. Monitoring. The city shall monitor the utilization of apprentices as required by RCW
39.04.320 and the Purchasing: Policies. The eity wiil make available an appr-eiltiee
usage
b
b
disadvantagedhip FegiStFation
lie total appFe..1—
disabikties and
4. Failure to Meet Utilization Goal. Failure by a contractor to comply with established
apprenticeship requirements, unless otherwise adjusted or waived in writing as set forth in
RCW 39.04.320 and the Purchasing Policies. befall may be deemed a breach of
contract for which the city shall be entitled to all remedies allowed by law under the
contract. Failure to comply with the apprenticeship requirements may also be considered
evidence bearing on a contractor's qualification for award of future contracts with the city.
5. Adjustment and Waiver. The responsible department director of pubiie tom ;, or 1}is
designee, may adjust or waive the apprentice utilization -requirements of this Seetienfor a
specific project at any time for the fetlewiR reasons: set North in RCW 39.04.320 and the
Purchasing; Policies.
a. The demenstf-ated lack of availability of specifie b b
e. '!-he l-easeiiable and neces- I I . !His of the eowi-aei i-endei- apprentice utilization
-aphie areas;
its aver ee;
this�r.
6. Go -ow Fvoidiptg- The pi-evisions of this sectien shall not apply ia the eNtem theN. ai,e
deemed to be iH Eefiiliet with state m- fedei.al gram ftifidii,, Ii_I...S_.
Section 2. ECDC 18.00.060 is amended to read as follows (deleted text is shown in
stFike h; new text is shown in underline):
This section is intended to supplement, and to be followed in conjunction with RCW 39.04.350 as
it is currently in effect or hereafter amended. and the City of Edmonds Contracting and Purchasing
Policies and Procedures, dated january?009 October 2024 or as amended ("Purchasing Policies" ).
A. Mandatory Responsible Bidder Criteria.
1. The bidder responsibility criteria set forth in this seetion RCW 39.04.350 and the
Purchasing Policies shall be used by the public weds responsible department to establish
the minimum requirements for all contractors and subcontractors bidding on city contracts
for public work (as those terms are defined in RCW 39.04.010). The bid documents shall
set forth the documentation to be submitted by bidders to demonstrate their compliance
with the mandatory responsible bidder criteria.
2. To be considered a responsible bidder and qualified to be awarded a city contract for
public work, the bidder must comply with the rnandatory responsible bidder criteria
requirements of RCW 39.04.350 and the Purchasing Policies.:
�Onrfir.
3. A bidder must verify mandatory responsibility criteria for each first -tier subcontractor,
and a subcontractor of any tier that hires other subcontractors must verify mandatory
responsibility criteria for each of its subcontractors as required by RCW 39.04.350.
ffieetS rile S*bii4)' 6F4ei-ia listed in RGW 39 04 350(i) and this section and possesses
an el•eetF+eai eenti-aete—Peense, if -Fegaii-edl by Ghapter 1929. RC-W, eF an eieyate
4
B. Supplemental Responsible Bidder Criteria.
1. In addition to the mandatory bidder responsibility criteria set forth referenced in subsection
(A) of this section, the ptblie WOF1 s responsible department may adopt and implement in
connection with a particular project relevant supplemental bidder responsibility criteria in
accordance with RC W 39 04 350 and the Purchasink, Policies and must implement such criteria
as set forth therein—,Yhieli the bidder must meet These supjileniental el -it i-i ineludinge-
sae • the suppk-H+ental bidder responsibility rite shail4ie-pfevided in the :Hvitation to bid
disa&antaged .
the `J 3
Iowa Niels
Us" MC29.1MVIT."MM ..Mf
against
fer publie werks pr-E�eeis during
the pFevieus three yeam that deFAORSI[Fate a lack of
managementbond-,
i. The biddei- shall have sueeessfully completed pi -ejects, of asii:Rilaf size and scope a-, FeqkiiFed
aSSeSSl:He!4` but fiet limited to quality 1
management
efstiblPilittals PFOeess, ehange
ecii+
;. The bidde!- shall not have a doeumented pattel-Fi of pFevailimig wage eefflpiaifits filed agaifis4
it Nviihki Ave veai-s 4 the bid submittal date that demeAsti-ates a faffiiwe to pay work
b
b
6. if the ei�y determines a biddet- to be not responsible. the city must pi-evide, in writiHg, th-e
Feasens, for the deter-mination. The bidder- may appeal the determination withiii ilie time peFiOd
b .
with aRy other biddel- kintil business days after the biddei- deieFFRiAed ie be Hot i-espeRsible
Section 3. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section,
sentence, clause or phrase of this ordinance.
Section 4. Effective Date. This ordinance, being an exercise of a power
specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five
(5) days after passage and publication of an approved summary thereof consisting of the title.
APPROVED:
MAYOR T6KE rOSEN
7
ATTEST/AUTHENTICATED:
i
CgLYZLERK, SCOTT P EY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF ['A k A f ), �
FILED WITH THE CITY CLERK: January 9, 2025
PASSED BY THE CITY COUNCIL: January 14, 2025
PUBLISHED: January 17, 2025
EFFECTIVE DATE: January 22, 2025
ORDINANCE NO. 4379
SUMMARY OF ORDINANCE NO.4379
of the City of Edmonds, Washington
On the 14'h day of January 2025, the City Council of the City of Edmonds, passed Ordinance No. 4379. A
summary of the content of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING CHAPTER 18.00 ECDC (PUBLIC WORKS
REQUIREMENTS; GENERAL REQUIREMENTS) TO UPDATE
REFERENCES TO THE APPRENTICE REQUIREMENTS OF RCW
39.04.320 AND THE RESPONSIBLE BIDDER CRITERIA
REQUIREMENTS OF RCW 39.04.350; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 14'h day of January, 2025.
C CLERK, SCOTT P SEY
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Michael Gates being first duly swom, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH1007864 ORDINANCE
SUMMARY as it was published in the regular
and entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
01/17/2025 and ending on 01/17/2025 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount f the fee for . 1ch publication is
$55.04.
Subscribed and sworn
day of
before me on this
Notary Public in and for the State of
Washington.
City of Edmonds - LEGALADS 114101416
SCOTT PASSEY
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Classified Proof
OR INAN E SUMMARY
of 111e D din 011 S, aShinglon
On the 14t0 Day or January 2025. the City Cowttll of the City of
Edmonds, passed the following OrWnances, the summary of said
ordinances consisting of fides are pr.,ded as follows
ORDINANCE NO. 9
AN ORDINANCE O I DMO2H NDS. WASHINGTON,
AMENDING CHAPTER 18.00 ECDC (PUBLIC WORKS
REQUIREMENTS: GENERAL REQUIREMENTS) TO UPDATE
REFERENCES TO THE APPRENTICE REQUIREMENTS OF
RCREQU REQUIREMENTS OF RCW 9.04 350 PROVIDING320 AND THE RESPONSIBLE IDDER RFOR CRITERIA
SEVERABILITY, AND SETTING AN EFFECTIVE DATE.
ORDINANCE I, t3@0
AN ORDINANCE OF H rTY OF EDMONDS, WASHINGTON.
RELATING TO THE FINANCING OF THE GENERAL FUND:
AUTHORIZING INTERFUND LOANS UP TO A TOTAL AMOUNT
OF $6,000,0W FROAMS TTIILrry 1F � S T NG E GENERAL FUND
IDGE
AN ORDINANCE OF TI
AMENDING THE CITY':
AND PAY
AN ORDINANCE O I Y DS. WASHINGTON,
ESTABLISHING INTERIM DEVELOPMENT STANDARDS FOR
THE NEIGHBORHOOD CENTERS AND
HUBS THAT ARE IDENTIFIED
DAT D this 14thMDay of anuaryE 2025.
CITY CLERK SCOTT PASSEY
Published: January 17, 2025. EDH
Proofed by Pospical, Randie, 01/17/2025 07:41:47 am
Page: 2