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SUBJECTS › PUBLIC WORKS › Model Small Works Roster Resolution
Model Small Works Roster Resolution

MODEL SMALL WORKS ROSTER RESOLUTION

Resolution No. ____

[governing body] = council, board, commission, etc.

[name of agency] = name of city, county, district, authority

[type of agency] = city , county, district, authority

[executive officer] = mayor, chairman, manager, etc.

    Agency

    RCW Cites

    Counties and County Roads

    RCW 36.32.235

    RCW 36.32.250

    RCW 36.77.075

    Code Cities over 20,000

    RCW 35.22.620

    Code Cities under 20,000, Second Class Cities and Towns

    RCW 35.23.352

    Community and Technical Colleges

    RCW 28B.50.330

    Fire Protection Districts

    RCW 52.14.110

    Higher Education

    RCW 28B.10.350

    Housing Authorities

    RCW 35.82.076

    Port Districts

    RCW 53.08.120

    RCW 53.08.135

    Public Hospital Districts

    RCW 70.44.140

    Public Utility Districts

    RCW 54.04.070 &

    RCW 54.04.082

    School Districts

    RCW 28A.335.190

    Water-Sewer Districts

    RCW 57.08.050

A RESOLUTION OF THE [governing body] OF [name of agency], WASHINGTON, ON THE SUBJECT OF ESTABLISHING A SMALL WORKS ROSTER PROCESS TO AWARD PUBLIC WORKS CONTRACTS.

WHEREAS, the Washington State Legislature in Chapter 138, Laws of 2000 and in Chapter 284, Laws of 2001, amended RCW 39.04.155 and other laws regarding contracting for public works by municipalities, allowing certain contracts to be awarded by a small works roster process; and

WHEREAS, in order to be able to implement small works roster processes, the [type of agency] is required by law to adopt a resolution establishing specific procedures;

NOW, THEREFORE, THE [governing body] OF [name of agency], WASHINGTON, HEREBY RESOLVES AS FOLLOWS:

Section 1. Resolution No. __________ is hereby repealed.

Section 2. The following small works roster procedures are established for use by the [type of agency] pursuant to [RCW cite-see table] and chapter 39. 04 RCW.

    1. Cost. The [type of agency] need not comply with formal sealed bidding procedures for the construction, building, renovation, remodeling, alteration, repair, or improvement of real property where the estimated cost does not exceed Two Hundred Thousand Dollars ($200,000.00), which includes the costs of labor, material, equipment and sales and/or use taxes as applicable. Instead, the [type of agency] may use the small works roster procedures for public works projects as set forth herein. The breaking of any project into units or accomplishing any projects by phases is prohibited if it is done for the purpose of avoiding the maximum dollar amount of a contract that may be let using the small works roster process

    2. Number of Rosters. The [type of agency] may create a single general small works roster, or may create a small works roster for different specialties or categories of anticipated work. Said small works rosters may make distinctions between contractors based upon different geographic areas served by the contractor.

    3. Contractors on Small Works Roster(s). The small works roster(s) shall consist of all responsible contractors who have requested to be on the roster(s), and where required by law are properly licensed or registered to perform such work in this state. Contractors desiring to be placed on a roster or rosters must keep current records of any applicable licenses, certifications, registrations, bonding, insurance, or other appropriate matters on file with the [type of agency] as a condition of being placed on a roster or rosters.

    4. Publication. At least once a year, the [type of agency] shall publish in a newspaper of general circulation within the jurisdiction a notice of the existence of the roster or rosters and solicit the names of contractors for such roster or rosters. Responsible contractors shall be added to an appropriate roster or rosters at any time that they submit a written request and necessary records. The [type of agency] may require master contracts to be signed that become effective when a specific award is made using a small works roster. An interlocal contract or agreement between [name of agency] and other local governments establishing a small works roster or rosters to be used by the parties to the agreement or contract must clearly identify the lead entity that is responsible for implementing the small works roster provisions.

    5. Electronic Rosters. In addition to paper and/or electronic rosters kept on file in the appropriate department, the [type of agency] may also use that state wide electronic database developed and maintained jointly by the Daily Journal of Commerce and the Municipal Research and Services Center of Washington.

    6. Telephone or Written Quotations. The [type of agency] shall obtain telephone, written or electronic quotations for public works contracts from contractors on the appropriate small works roster to assure that a competitive price is established and to award contracts to the lowest responsible bidder, as defined in RCW 43.19.1911(9), as follows:

      a) A contract awarded from a small works roster need not be advertised. Invitations for quotations shall include an estimate of the scope and nature of the work to be performed as well as materials and equipment to be furnished. However, detailed plans and specifications need not be included in the invitation. This paragraph does not eliminate other requirements for architectural or engineering approvals as to quality and compliance with building codes.

      b) Quotations may be invited from all appropriate contractors on the appropriate small works roster. As an alternative, quotations may be invited from at least five contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted, in a manner that will equitably distribute the opportunity among the contractors on the appropriate roster.

      If the estimated cost of the work is from one hundred thousand dollars to two hundred thousand dollars, the [type of agency] [other than a port district] may choose to solicit bids from less than all the appropriate contractors on the appropriate small works roster but must also notify the remaining contractors on the appropriate small works roster that quotations on the work are being sought. The [type of agency] has the sole option of determining whether this notice to the remaining contractors is made by:

      (i) publishing notice in a legal newspaper in general circulation in the area where the work is to be done;

      (ii) mailing a notice to these contractors; or

      (iii) sending a notice to these contractors by facsimile or other electronic means.

      c) For purposes of this resolution, "equitably distribute" means that the [type of agency] may not favor certain contractors on the appropriate small works roster over other contractors on the appropriate small works roster who perform similar services. At the time bids are solicited, the [type of agency] representative shall not inform a contractor of the terms or amount of any other contractor's bid for the same project;

      d) A written record shall be made by the [type of agency] representative of each contractor's bid on the project and of any conditions imposed on the bid. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry.

7. Limited Public Works Process. If a work, construction, alteration, repair, or improvement project is estimated to cost less than thirty-five thousand dollars, the [type of agency] may award such a contract using the limited public works process provided under RCW 39.04.155, subsection (3). For limited public works project, the [type of agency] will solicit electronic or written quotations from a minimum of three contractors from the appropriate small works roster and shall award the contract to the lowest responsible bidder as defined under RCW 43.19.1911(9). After an award is made, the quotations shall be open to public inspection and available by electronic request.

    For limited public works projects, the [type of agency] may waive the payment and performance bond requirements of chapter 39.08 RCW and the retainage requirements of chapter 60.28 RCW, thereby assuming the liability for the contractor's nonpayment of laborers, mechanics, subcontractors, materialmen, suppliers, and taxes imposed under Title 82 RCW that may be due from the contractor for the limited public works project. However, the [type of agency] shall have the right of recovery against the contractor for any payments made on the contractor's behalf.

    Tthe [type of agency] shall maintain a list of the contractors contacted and the contracts awarded during the previous twenty-four months under the limited public works process, including the name of the contractor, the contractor's registration number, the amount of the contract, a brief description of the type of work performed, and the date the contract was awarded.

8. Determining Lowest Responsible Bidder. The [[governing body] shall award the contract for the public works project to the lowest responsible bidder provided that, whenever there is a reason to believe that the lowest acceptable bid is not the best price obtainable, all bids may be rejected and the [governing body] may call for new bids. RCW 43.19.1911(9) states:

    "In determining "lowest responsible bidder", in addition to price, the following elements shall be given consideration:

      (a) The ability, capacity, and skill of the bidder to perform the contract or provide the service required;

      (b) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;

      (c) Whether the bidder can perform the contract within the time specified;

      (d) The quality of performance of previous contracts or services;

      (e) The previous and existing compliance by the bidder with laws relating to the contract or services;

      (f) Such other information as may be secured having a bearing on the decision to award the contract:

9. Award. All of the telephone bids or quotations shall be collected and presented at the same time to the[governing body] for consideration, determination of the lowest responsible bidder, and award of the contract.

OR [If the governing body delegates the authority to award bids of certain amount(s) to an officer of the agency.]

9. Award. The [executive officer] or his designee shall present all telephone quotations/bids and recommendation for award of the contract to the lowest responsible bidder to the [governing body]. However, for public works projects under $___________, the [executive officer] shall have the authority to award public works contracts without [governing body] approval, provided that the [governing body] shall ratify the [executive officer]'s approval at the next scheduled [governing body] meeting by means of the consent agenda. For public works projects over $___________, the [governing body] shall award all public works contracts by resolution.

PASSED this ___th day of ________, 2001 and signed in authentication of its passage this ___th day of _________, 2001.

_____________________________
[executive officer]

 

ATTEST:

______________________________
CLERK

APPROVED AS TO FORM:

______________________________
[type of agency] ATTORNEY