RES 1159RESOLUTION NO.US®!
A RESOLUTION OF THE CITY OF CAMAS,
WASHINGTON establishing a Small Works Roster and
procedures for awarding public contracts for projects with an
estimated cost of $300,000.00 or less.
WHEREAS,RCW 39.04.155 and other laws regarding contracting for public works by
municipalities permit certain contracts to be awarded by a small works roster process;and
WHEREAS,in order to be able to implement the small works roster process,the City is
required by law to adopt a Resolution or Ordinance establishing specific procedures,
NOW,THEREFORE,the Council of the City of Camas,Washington,hereby resolves as
follows:
SECTION I
The following small works roster procedures are established for use by the City of Camas
pursuant to the provisions of RCW 35A.40.210,RCW 35.23.352,and RCW 39.04.155.
A.Cost.The City 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 Three Hundred Thousand Dollars
($300,000.00),which includes the costs of labor,material,equipment and sales and/or
use taxes as applicable.Instead,the City 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.
B.Number of Rosters .The City 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.
C.Contracts 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 said 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 City as a condition of being placed on a roster or rosters.
D.Publication.At least once a year,the City 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 City 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 City 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.
E.Electronic Rosters.In addition to paper and/or electronic rosters kept on file in the
appropriate department,the City 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.
F.Telephone or Written Quotations.The City 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:
1)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.
2)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 fifty thousand dollars to
three hundred thousand dollars,the City 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 City has the sole option of
determining whether this notice to the remaining contractors is made by:
(a)publishing notice in a legal newspaper in general circulation in the area where
the work is to be done;
(b)mailing a notice to these contractors;or
(c)sending a notice to these contractors by facsimile or other electronic means.
3)For purposes of this resolution,"equitably distribute"means that the City 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 City representative shall not inform a contractor
of the terms or amount of any other contractor's bid for the same project;
4)A written record shall be made by the City 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.
G.Limited Public Works Process.If a work,construction,alteration,repair,or
improvement project is estimated to cost less than thirty-five thousand dollars,the City
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 City 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 City 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
2
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 City shall have the
right of recovery against the contractor for any payments made on the contractor's
behalf.
The City 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.
H.Determining Lowest Responsible Bidder.The City Council 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 City Council 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:
1)The ability,capacity,and skill of the bidder to perform the contract or provide
the service required;
2)The character,integrity,reputation,judgment,experience,and efficiency of the
bidder;
3)Whether the bidder can perform the contract within the time specified;
4)The quality of performance of previous contracts or services;
5)The previous and existing compliance by the bidder with laws relating to the
contract or services;
6)Such other information as may be secured having a bearing on the decision to
award the contract:
I.Award.All of the telephone bids or quotations shall be collected and presented at the
same time to the City Council for consideration,determination of the lowest responsible
bidder,and award of the contract.
ADOPTED at a regular meeting of the City Council of the City of Camas thi
August,2009.day of
SIGNED:V 51
Mayor
ATTEST:/^J MyX ^/Clerk
APPROV to form:
£2
City Attorney
3