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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