Chapter 18.00
GENERAL REQUIREMENTS

Sections:

18.00.000    Scope.

18.00.010    Application.

18.00.020    Review.

18.00.030    Inspection.

18.00.040    Regulations.

18.00.050    Apprentice requirements.

18.00.060    Responsible bidder criteria.

18.00.000 Scope.

This chapter establishes review procedure for all permits or approvals required by this title.

18.00.010 Application.

A. Forms and Fees. The public works department shall provide application forms. Application fees and other fees shall be as set in Chapter 15.00 ECDC.

B. Required Information. The applicant shall provide the following information:

1. Applicant’s name and address;

2. Owner’s name, address and written consent if the applicant is not the owner;

3. The location, by address and legal description, of the site;

4. A site plan, to scale, showing existing and proposed structures, improvements and affected streets, utilities, vegetation, LID elements, etc.;

5. The applicant shall clearly specify on the plans, in a separate written statement, how the proposed development meets the requirements of this title;

6. Further information required by the portion of the community development code that governs the type of application;

7. Further information required by general rules adopted by the public works director and information required by the public works director to properly review an individual application;

8. A release of the city from all damages arising from any action or inaction of the city based on false, misleading or incomplete information furnished by the applicant;

9. Permission to city staff to inspect the property involved to determine whether the application should be approved.

C. Decision. The public works director or his designee shall decide whether to approve, conditionally approve, or deny the application, based on staff analysis and comments from other departments. The decision shall be in writing, and unless another appeal procedure is specifically identified in the provisions of this title, shall be appealable to the hearing examiner pursuant to Chapter 20.06 ECDC as a Type II decision. Notice of the hearing shall be provided to the applicant and/or appellant and any other party who has requested notice in writing or provided written notice during the application process. Such notice shall be provided in writing at least five (5) business days prior to the hearing. No application may be approved that conflicts with any portion of the Community Development Code unless that portion is specifically subject to waiver or variance. [Ord. 4085 § 5 (Exh. A), 2017; Ord. 3788 § 1, 2010].

18.00.020 Review.

A. Other Departments. The public works director shall promptly send copies of the application to each department which has requested copies of the type of application that has been filed, and to other departments which may have an interest in the individual application.

B. Staff Analysis. The staff may use a summary form or checklist to review application, with written conclusions as to whether the proposal meets the standards and criteria of the community development code.

C. Decision. The public works director or his designee shall decide whether to approve, conditionally approve, or deny the application, based on staff analysis and comments from other departments. The decision shall be in writing and, unless another appeal procedure is specifically identified in the provisions of this title, shall be appealable to the hearing examiner pursuant to Chapter 20.06 ECDC as a Type II decision. Notice of the hearing shall be provided to the applicant and/or appellant and any other party who has requested notice in writing or provided written notice during the application process. Such notice shall be provided in writing at least five business days prior to the hearing. No application may be approved that conflicts with any portion of the community development code, unless that portion is specifically subject to waiver or variance.

D. Optional Conditions of Approval. The public works director may condition an approval upon any or all of the following, in addition to any other reasonable condition necessary to protect the public health, safety and welfare, or necessary to carry out a purpose or provision of this code:

1. A performance bond, or similar security, to ensure the satisfactory completion of the permitted work in accordance with city standards, the city time schedule, and any other conditions of the permit;

2. An agreement or bond to indemnify and hold the city free and harmless from any and all claims, actions or damages of any kind or description which result in any way from the approved work. This agreement may be required to be recorded as a covenant running with the affected property;

3. Submission of detailed “as built” plans upon completion of construction;

4. Posting of a maintenance bond for a specific period of time.

E. Required Conditions of Approval.

1. All work shall be accomplished in accordance with general standards and criteria adopted by the public works director.

2. All work shall be accomplished in accordance with the plans and specifications approved for an individual project by the public works director.

3. The applicant shall furnish proof of a valid general contractor’s license, or a specialty license to do the kind of work permitted, issued by the state of Washington, and proof of general liability insurance in effect, unless the owner of a site is to do the work on that site in which case the public works director may waive the same depending on such factors as project size, risk and such other objective factors as the director finds pertinent.

4. An expiration date for the permit, which the director may extend upon written request showing satisfactory reasons. [Ord. 3788 § 1, 2010; Ord. 3736 § 24, 2009].

18.00.030 Inspection.

A. Authority. The public works director may enter any site to inspect any work authorized by a permit under this chapter.

B. Notification. The owner or contractor holding the permit shall notify the public works director at least 24 hours in advance of starting any work, or resuming any work in a public place.

C. Covering Work. No work that is to be covered or enclosed shall be covered or enclosed until the public works director has approved the installation. The director may require that any work covered be uncovered, or tested by a recognized independent testing laboratory (at the expense of the permittee) to ensure that the work has been accomplished in accordance with the permit.

D. Correction. If the public works director finds that any work does not comply with this code, he shall notify in writing the owner of the site, or the permittee, of the deficiency, and of the period of time in which the work must be corrected. If the work is not corrected within the set time, the director may have the work done and assess the direct cost plus cost of administration against the property as a lien.

18.00.040 Regulations.

The public works director may establish reasonable rules and regulations for all work covered by this title, including all aspects of construction, maintenance and repair, which shall be observed by all persons doing work covered by this title.

18.00.050 Apprentice requirements.

This section is intended to supplement, and to be followed in conjunction with, the City of Edmonds Purchasing Policies and Procedures, dated January 2012, or as amended.

A. Definitions.

1. “Apprentice” means an apprentice enrolled in a state-approved apprenticeship training program.

2. “Contractor” means a person, corporation, partnership, limited liability company, or joint venture entering into a contract with the city to construct a public work.

3. “Labor hours” refers to the total number of hours worked by workers receiving an hourly wage who are directly employed on the site of the public work and who are subject to state or federal prevailing wage requirements. “Labor hours” shall also include hours worked by workers employed by subcontractors on the site of the public work, and shall include additional hours worked as a result of a contract or project adjustment or pursuant to an agreed-upon change order.

4. “Estimated cost” means the anticipated cost of a public work, as determined by the city, based upon the expected costs of materials, supplies, equipment, and labor, but excluding taxes and contingency funds.

5. “Public work” refers to all city funded construction projects that constitute a public work pursuant to RCW 39.04.010 as now or hereafter amended and estimated to cost $1,000,000 or more.

6. “State-approved apprenticeship training program” means an apprenticeship program approved or recognized by the Washington State Apprenticeship and Training Council.

7. “Subcontractor” means a person, corporation, partnership, limited liability company, or joint venture that has contracted with the contractor to perform all or part of the work to construct a public work by a contractor.

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 Goal. For public works contracts with an estimated cost of $1,000,000 or more, the director of public works, or his designee, is authorized to require that up to 15 percent of the contract labor hours, including contractor and subcontractor hours, be performed by apprentices.

2. Contract Requirements. Contract documents for such public works construction projects shall include provisions detailing the apprentice labor requirements.

3. Monitoring. The city will make available an apprentice utilization plan form, which identifies the intended usage of apprentices by the contractor and any subcontractors. This document is to be submitted by the successful bidder after the contract has been awarded. In addition, the city will require periodic reporting on apprentice utilization, to include the submittal of a monthly apprenticeship utilization report by the contractor at the conclusion of the public works project that will identify the actual work performed by apprentices for the contractor and subcontractors on a monthly basis. Required reporting will include the identification of individual apprentices by name and Washington State apprenticeship registration number, the total apprentice labor hours worked, and identification of apprentice hours worked by minorities, women, persons with disabilities and disadvantaged youth. This provision is not intended and shall not be used to discriminate against any applicant for training.

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 below, shall 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 director of public works, or his designee, may adjust or waive the requirements of this section for a specific project at any time for the following reasons:

a. The demonstrated lack of availability of apprentices in specific geographic areas;

b. A disproportionately high ratio of material costs to labor hours, which does not make feasible the required minimum levels of apprentice participation;

c. The reasonable and necessary requirements of the contract render apprentice utilization infeasible at the required levels;

d. In order to meet the requirement, the contractor will be forced to displace members of its workforce;

e. The participating contractor has demonstrated a good faith effort to comply with the requirements of this section; and/or

f. Other criteria deemed appropriate that are not inconsistent with the purpose and goals of this section.

6. Grant Funding. The provisions of this section shall not apply to the extent they are deemed to be in conflict with state or federal grant funding requirements. [Ord. 4068 § 1, 2017; Ord. 3878 § 1, 2012; Ord. 3854 § 1, 2011].

18.00.060 Responsible bidder criteria.

This section is intended to supplement, and to be followed in conjunction with, the City of Edmonds Purchasing Policies and Procedures, dated January 2009, or as amended.

A. Mandatory Responsible Bidder Criteria.

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 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:

a. At the time of bid submittal, have a certificate of registration in compliance with Chapter 18.27 RCW (contractor registration);

b. Have a current state unified business identifier (UBI) number;

c. If applicable, have:

i. Industrial insurance coverage for the bidder’s employees working in Washington as required in RCW Title 51;

ii. A state employment security department number as required in RCW Title 50; and

iii. A state excise tax registration number as required in RCW Title 82;

d. Not be disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065(3); and

e. Until December 31, 2013, not have violated RCW 39.04.370 more than one time as determined by the State Department of Labor and Industries.

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. Verification shall include that each subcontractor, at the time of subcontract execution, meets the responsibility criteria listed in RCW 39.04.350(1) and this section and possesses an electrical contractor license, if required by Chapter 19.28 RCW, or an elevator contractor license, if required by Chapter 70.87 RCW. This verification requirement, as well as the mandatory responsibility criteria, must be included in every public works contract and subcontract of every tier.

B. Supplemental Responsible Bidder Criteria.

1. In addition to the mandatory bidder responsibility criteria set forth in subsection (A) of this section, the public works department may adopt in connection with a particular project relevant supplemental bidder responsibility criteria which the bidder must meet. Those supplemental criteria, including the basis for evaluation and the deadlines for requesting modification of the supplemental bidder responsibility criteria and for appealing a determination that a low bidder is not responsible under the supplemental bidder responsibility criteria, shall be provided in the invitation to bid or bidding documents.

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.S.C. Section 6101 and Executive Order 13496;

e. If bidding on a public works project subject to the apprenticeship utilization requirements in ECC 18.00.050, the bidder:

i. Shall not have been found out of compliance with apprenticeship requirements of ECC 18.00.050 unless otherwise excepted or waived in writing by the mayor or the mayor’s designee pursuant to that section for a one-year period immediately preceding the date of the bid submittal deadline; and

ii. Shall have complied with apprenticeship utilization goals on public works projects having such requirements that 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 to the city;

f. The bidder shall not have been convicted of a crime involving bidding on a public works contract within five years from the bid submittal deadline;

g. The bidder’s standard subcontract form shall include the subcontractor responsibility language required by RCW 39.06.020, and the bidder shall have an established procedure which it utilizes to validate the responsibility of each of its subcontractors. The bidder’s subcontract form shall also include a requirement that each of its subcontractors shall have and document a similar procedure to determine whether the sub-tier subcontractors with which it contracts 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 a lack of effective management by the bidder of making timely and appropriate payments to its subcontractors, suppliers, and workers, unless there are extenuating circumstances acceptable to the city;

i. The bidder shall have successfully completed projects of a similar size and scope as required by the contract documents for the project. In evaluating whether projects were successfully completed, 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, safety record, timeliness of performance, use of skilled personnel, management of subcontractors, availability of and use of appropriate equipment, compliance with contract documents, and management of submittals process, change orders and close-out;

j. 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 to 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

l. 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 extenuating circumstances acceptable to 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, including but not limited to the ability, capacity and skill of the bidder to perform, the experience and efficiency of the bidder, the financial situation of the bidder, and the performance of the bidder on previous contracts or services.

4. In a timely manner before the bid submittal deadline, a potential bidder may request that the city modify the supplemental bidder responsibility criteria. The 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.

5. 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 supplemental criteria or may find the bidder not responsible.

6. If the city determines a bidder to be not responsible, the city must provide, in writing, the reasons for the determination. The bidder may appeal the determination within the time period specified in the bidding documents by presenting additional information to the city. The city must consider the additional information before issuing its final determination. If the final determination affirms that the bidder is not responsible, the city may not execute a contract with any other bidder until two business days after the bidder determined to be not responsible has received the final determination.

7. The invitation to bid or bidding documents shall specify the times, manner and means of communications, deadlines and determinations required by this section. [Ord. 3855 § 1, 2011].