Ordinance 3855AN ORDINANCE OF OF i i
WASHINGTON, CONCERNINGADOPTION OF
RESPONSIBLE BIDDER • •, FOR CERTAIN
CAPITALi; r PROJECTS;PROVIDING FOR
SEVERABILITY; i a TIME WHEN THE SAME
BECOMESHALL
bidder responsibility criteria for the award of public works construction contracts, and to
. � ` •. ` • .••• •• - . . • ii` - •♦ it - . •
WHEREAS, the City of Edmonds (the "City") wishes to clarify the rights and
i- •• • - • ` Mffl •NINE-•. - r IN - - • - •• •
bidder• awarding public works• • • NOW, ' i
i
COUNCILTHE CITY OF OF i • r. WASHINGTON, i• ORDAIN
Sectiona •'r 8.00 Public Works• _.
� i r'r �1i' /' i i 1i•
1. The bidder responsibility criteria set forth in this section shall be used by the
Public Works Department to establish the minimum requirements for all
contractors and subcontractors bidding on • . for public work(as tho
terms are defined in RCW 3 9 04i • •' documents shall set forth
documentation to be submitted by bidders to demonstrate their compliance with
the mandatory responsible bidder criteria. I
2. To be considered a responsible bidder and qualified to be awarded a City
contract for public work, the biddermust:
(a) At the time of bid submittal, have a certificate of registration in
compliance with chapter 18.27 RCW (contractor registration),
• Have . current state unified business identifieri • `
• s in Washington _• • in Title 51 r
requiredGf) a state employment security department number as
in Title 50 and
(iii) a "state excise tax registration number as required in Title
82 RCW
(d) Not be disqualified from bidding on any public works contract
under RCW 39.06.010 or RCW 39.12.065(3); and
(e) Until December 1 not - violated RCW 39.04.370
3. A bidder must verify mandatory responsibility criteria for each first tier
tor of an
tier that hires other subcontractors must
verify mandatory responsibility criteria for each of its subcontractors. Verification
shall include that each subcontractor, at the time of subcontract execution, meets
the responsibility criteria listed in RCW 39.04350(l)and ECC 1 8.00M60 and
possesses electrical contractorlicense, if required by . • -r 1928 RCW, or
elevator contractor license, if required by chapter X87 RCW. This verification
requirement, as well as the mandatory responsibility criteria, must be included in
every public works contract and subcontract o every tier.
"191IMMITIRTMEM
addition t• the mandatorybidder responsibilityforth
1 1.1 A the Public Works Depaadopt in connection
particular project relevant supplemental bidder responsibility criteria which the
bidder must meet. Those supplemental criteria, including the basis for evaluation
r the deadlines for• • modification of .• bidder
responsible under the supplemental bidder responsibility criteria, shall be
provided in the invitati• • bid • bidding do
2. As relevant to a particular project, supplemental bidder responsibility criteria
may be included to require that;
(a) The bidder shall not owe delinquent taxes to the Washington State
Department of Revenue without a payment plan approved by the
Department of Revenue;
(b) The bidder shall not currently be debarred or suspended by the federal
government;
(c) The bidder shall have complied with minority and women's business
enterprises, disadvantaged business enterprises, or other similar
utilization requirements or goals on"federally-funded public works
projects with such requirements completed by the bidder within three
years of the bid submittal date, unless there are extenuating
circumstances acceptable to the City;
(d) The bidder shall not be listed as an ineligible contractor on the federal
GSA Excluded Parties List System set forth by 31 U..0 § 6101 and
Executive Order 13496;
(e) If bidding on a public works project subject to the apprenticeship
utilization requirements inECC 1.00.050, the bidder:
(i) shall •, have been found out of i •, . .ri ►
requirementsa i �' • • `• or
waived in writing by the Mayor or the Mayor's designee pursua
to that section for a one-year period immediately -preceding the
date • r • submittal deadline;
works(ii) shall have complied with apprenticeship utilization goals on public
proiects having such requirements.t were completed by
the bidder within a three-year period immediately preceding the
date of the bid submittal deadline, unless there are extenuating
circumstances acceptable
(f) The bidder shall not have been convicted of a crime involving biddin
on a public works contract within five years from the bid submittal
deadline; I
(g) The bidder's standard subcontract form shall include the subcontract
responsibility language required by RCW 39.06.020, and the bidder
shall have an established procedure • validate the
responsibility of each of • • • The bidder's • #
form shall also include a requirement that each of its subcontractors
shall have i document a similarprocedure t• determine whether the
sub -tier•' f . • • r are also"responsible"
subcontractors as defined by RCW 39.06.020;
(h) The bidder shall not have a record of excessive claims filed against the
retainage or payment bonds for public works projects during the
previous three years that demonstrate• lack of •.
by the bidder of making timely and appropriate payments to its
subcontractors, suppliers, and workers, unless there are extenuating
circumstances acceptable t• the City;
(i) The bidder shall have successfully completed -projects of a similar size
r • scope as - • • by - contract documents forproject. In
evaluating whether
projects were successfully• • . . i
, the City may
check owner references for previous projects and evaluate the owner's
assessment of bidder performance, including but not limited to quality
control,• f timeliness •performance, - of -r
personnel, management of subcontractors, availability of and use of
appropriate equipment,• r ♦ documents,r
managementof r process, •_ orders and close-out
The bidder shall not have had any public works contract terminated for
cause by a government agency during the five year period immediately
preceding the bid submittal deadline for the project, unless there are
extenuating circumstances acceptable • the City;
(k) The bidder shall not have judgments entered by a court of law against
the bidder within five years of the bid submittal date that demonstrate
a pattern of failing to meet the terms of contracts, unless there are
extenuating circumstances acceptable to the City; and
(1) The bidder shall not have a documented pattern of prevailing wage
complaints filed against it within five years of the bid submittal date
that demonstrates a failure to pay workers prevailing wages, unless
there are extenuatingcircumstances acceptableo the City�
3. Supplemental bidder responsibility criteria may include any other criteria
determined by the City to be relevant to the particular project being bid, includin
but i `i to the ability,••. and skill of bidder to perform,
experience • • etticiency of bidder, the financial• of bidder, •
the performance of the bidder on previous contracts or services. I
4. In a timely manner before the bid submittal deadline, a potential bidder may
request that the City modify the supplementalbidder responsibility
City must evaluate the information submitted by the potential bidder and respond
before the bid submittal deadline. If the evaluation results in a change of the
criteria, the City must publish an addendum to the bidding documents identifying
the modified criteria.
supplemental5. If the bidder fails to supply information requested concerning 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
or , • the bidder not- •i ' r
• determines a bidder to be not responsible, the City must provide,
writing, the reasonsfor determination. The bidder appeal
determination within the time period specified in the bidding documents by
presenting additional information to the City. The City must consider the
additional inf• • before issuing its final determination.
•- . ,' • r •• • - •• • - a • execute
a contract with any other bidder until two business days after the bidder
determined to be not responsible has received the final determination.
• • • • .• • •` - No -nos -• • •
Section. • fn, sentence, clause or phrase of
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
11
• • • • , • . ( i i • s • , •
,�ection 3. 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
APPROVED:
mAi�IbWmiu- coop
Al'TES'I'/AUI'll 1,�.'NI'ICA"I'ED:
CITY CLERK, SANDRA S. CHASE
APPROVED ASTO FORM:
OFFICE OF,rf-IE CITY ATTORNEYa
BY
JEFI,','REY KTARADAY
FILED W]"ITITHE CITY CLERK: 09-16-2011
PASSE.D BY THE CITY COUNCIL: 09-20-2011
PUBLISHED: 09-25-2011
EFFECTIVE DATE: 09-30-2011
ORDINANCE NO. 3855
On the 20"" day of September, 2011, the City Council of the City of
Edmonds, passed Ordinance No. 3855, A summary of the content of said ordinance,
consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, CONCERNING THE ADOPTION OF
RESPONSIBLE BIDDER CRI'rERIA FOR CERTAIN
CITY CAPITAL CONSTRUCTION PROJECTS;
PROVlDfNG FOR SEVERABILITY; AND FIXING A
TIME WHEN TUE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DA`fF"D this 21" day of September, 201. 1 .
_7Z41,014-0,
CITY CLERK, SANDRA S. CHASE
0
STATE OF •
COUNTYOF • •
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk ol
THE HERALD, a daily newspaper printed and published in the City of Everett, County of
Snohomish, and State of Washington; that said newspaper is a newspaper of general
circulation in said County and State; that said newspaper has been approved as a legal
newspaper by order of the Superior Court of Strohornish County and that the notice
Summary of Qrdinance No, 3855
a printed copy of which is hereunto attached, was published in said newspaper proper and not
in supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
September 25, 2011
and that said newspaper was regularly distributed to its subscribers during all of said period.
Account Name City of Edmonds Account Number: 101416 Order Number: 0001751640