1912 - Resolution - Repealing Resolution 1803 and Reestablishing Small Works RosterRESOLUTION NO. 1912
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON,
REPEALING RESOLUTION NO. 1803 AND REESTABLISHING A SMALL
WORKS ROSTER AND VENDOR'S LIST PROCESS TO AWARD
PUBLIC WORKS CONTRACTS AND SECURE EQUIPMENT AND
MATERIAL.
WHEREAS, the Washington State Legislature in Chapter 138, Laws of 2000, amended
the 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 city is
required by law to adopt a resolution establishing specific procedures; and
WHEREAS, RCW 39.04.190 allows for procurement of materials, supplies, and
equipment; and
WHEREAS, RCW 39.04.270 authorizes competitive negotiations for procurement of
telecommunications and data processing equipment; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON:
SECTION 1 Port Orchard Resolution No. 1803 is hereby repealed in its entirety.
SECTION 2 The following small works roster and vendors list procedures are
established for use by the city pursuant to RCW 35.23.352 and chapter 39. 04 RCW.
(1) 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 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 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.
(2) 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.
(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.
Resolution No. 1912
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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.
( 4) Publication. At least twice 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 the City of Port Orchard 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) 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, 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 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 detenmining 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.
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(c) 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;
(d) 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.
(e) At least once every year a list of the contracts awarded under that
process is to be furnished to the City Council and made available to the
general public. The list shall contain the name of the contractor or vendor
awarded the contract, the amount of the contract, a brief description of
the type of work performed or items purchased under the contract, and
the date it was awarded. The list shall also state the location where the
bid quotations for these contracts are available for public inspection.
(6) 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. In addition
to price, the City Council shall take into account the following:
(a) the ability, capacity, and skill of the bidder to perform the contract;
(b) whether the bidder can perform the contract within the time specified by
the city;
(c) the quality of the bidder's performance of previous contracts or services;
(d) the previous and existing compliance by the bidder with laws relating to
the contract or services.
(7) Award. The Mayor or his designee shall present all telephone quotations/bids
and recommendation for award of the contract to the lowest responsible bidder to the City
Council. However, for public works projects under $25,000, the Mayor shall have the
authority to award public works contracts without City Council approval, provided that the
City Council shall ratify the Mayor's approval at the next scheduled Council meeting by
means of the consent agenda. For public works projects over $25,001 the City Council
shall award all public works contracts by resolution.
(8) Equipment, Materials, Supplies. The following procedures apply to the
acquisition of materials, supplies and equipment.
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(a) For supplies, materials, equipment and services which cost less than
$7,500.00 the city staff shall secure sufficient price quotes to assure
competitive prices. The price quotes may be taken telephonically and
recorded with a memo to record for the files.
(b) For supplies, materials, equipment and services which cost more than
$7,500.00 but less than $15,000.00, the city staff shall secure sufficient
price quotes to assure competitive prices. The price quotes shall be
submitted in writing from the vendors.
(9) Vendor's list A vendor's list may be used to secure telephone or written
procedures in accordance with the following:
(a) The city must advertise twice a year in the official newspaper that a
vendor's list exists and names for the list are solicited.
(b) If possible, at least three quotations should be secured to ensure a
competitive price.
(c) Immediately after the award, all bid quotations that were obtained must
be recorded and made open to public inspection or telephonic inquiry.
(d) At least every two months, a list of contracts awarded shall be posted.
The list shall contain the vendor's name, amount of contract, brief
description of items purchased, and date of award.
(10) Telecommunications, telemetry, data processing equipment, and software.
Telecommunications, telemetry, data processing equipment, and software may be
purchased with competitive negotiations as an alternative to the competitive bid process,
if the following procedure is followed:
(a) A request for proposals (RFP) must be published at least once in the
official newspaper at least 13 days before the last date on which the
proposals will be received.
(b) The RFP must be submitted to an adequate number of qualified
resources, as determined by the city in its discretion. To permit
reasonable competition consistent with the requirement for the
procurement.
(c) The city may use single source procurement to maintain the integrity of
an electrical and/or telemetry system.
(d) The RFP must identify the significant evaluation factors, including pricing
and their relative importance.
Resolution No. 1912
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(e) The city must provide reasonable procedures for technical evaluation of
the proposals, identification of qualified sources, and the selection
processing for awarding the contract. These procedures shall be in
written form, but not necessarily printed in the RFP.
(f) The award must be made to the qualified bidder whose proposal is "most
advantageous" to the city.
(g) The city may reject any or all proposals and request new proposals.
(11) Formal Bidding. The city shall use formal competitive bidding in preference to
the small works roster, when it determines that to be in the best interest of the city.
(12) Authority. The Department Heads are responsible to keep the Mayor and City
Council informed of all significant purchases and commitments. No commitments of
funds will be allowed without budget authority or specific Council approval.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 25~ day of September 2000.
~~
LESLIE J. WEATHERILL, MAYOR
Patncia Parks, City Clerk