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RESOLUTION NO.3185
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOSES LAKE,
WASHINGTON,ON THE SUBJECT OF ESTABLISHING A SMALL WORKS
ROSTER PROCESS TO AWARD PUBLIC WORKS CONTRACTS AND
RESCINDING RESOLUTION NO.2818
RECITALS:
1.RCW 39.04.155 and otherlaws regarding contracting for public works by municipalities,allowing certain
contracts to be awarded by a small works roster process.
2. Inorder to be able to implement small works roster processes,the Cityof Moses Lake is required by
law to adopt a resolution establishing specific procedures.
3. Itis in the best interests of the City of Moses Lake to utilize a small works roster.
RESOLVED:
1. Cost: The City of Moses Lake need not comply with formal sealed bidding procedures for the
construction,building,renovation,remodeling,alteration,repair,or improvementsofreal property where
the estimated cost does not exceed three hundred thousand dollars ($300,000),which includes the
costs of labor,materials,equipment,and sales and/or use taxes as applicable.Instead,the City of
Moses Lake may use the small works roster procedures for publicworks projects as set forth herein.
The breaking ofany project intounitsor accomplishing any projects by phases is prohibitedifitis 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 Cityof Moses Lake 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 Rosters(s):The small works roster(s)shall consist of all responsible
contractors who have requested to be on the roster(s),and where required bylaw are properly licensed
or registered to perform such work inthis 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 Cityof Moses Lake as a condition of being placed on a
roster or rosters.
4. Publication: At least once a year the City of Moses Lake shall publish in a newspaper of general
circulationwithinthe jurisdiction, a notice ofthe existence ofthe roster or rosters and solicitthe names
ofcontractors forsuch roster or rosters.Responsible contractors shall be added toan appropriate roster
or rosters any time that they submit a written request and necessary records. The City ofMoses Lake
mayrequire master contracts to be signed that become effectivewhen a specificaward is made using
a small works roster. An interlocal contract or agreement between the Cityof Moses Lake and other
local governments establishing a small works roster or rosters to be used by the parties to the
agreement orcontractmustclearlyidentify theleadentity thatisresponsibleforimplementing thesmall
works roster provisions.
5. Electronic Rosters:In addition to paper and/or electronic rosters kept on file in the appropriate
department, the City of Moses Lake may also use the state wideelectronic database developed and
maintained jointly bythe Daily Journal ofCommence and the Municipal Research and Services Center
of Washington.
RESOLUTION 3185
PAGE 2 October12,2010
6.Telephone orWritten Quotations:The City ofMoses Lake shall obtain telephone,written orelectronic f\
quotations for publicworks 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.
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 maybe invited fromallappropriate contractors onthe appropriate smallworksroster.
As an alternative,quotations may be invitedfrom at least five (5)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.
Ifthe estimated costisfrom one hundred thousanddollars ($100,000)to three hundred thousand
dollars ($300,000), the Cityof Moses Lake may choose to solicit bids from less than all the
appropriate contractors on the appropriate smallworks roster butmust also notify the remaining
contractors on the appropriate small works roster that quotations on the work are being sought.
The City of Moses Lake has the sole optionofdeterminingwhether this notice to the remaining
contractors is made by:
1)Publishing notice ina legal newspaper ingeneral circulation inthe area where the workis
to be done.
2)Mailing a notice tothese contractors./^"N^
3)Sending a notice to these contractors by facsimile or other electronic means.
C. For purposes ofthis resolution, "equitablydistribute"means that the CityofMoses Lake may not
favor certain contractors on the appropriate small works roster over other contractors on the
appropriate small works roster who performsimilar services.Atthe time bids are solicited,the
City ofMoses Lake's representative shallnot inform a contractorofthe terms oramountofany
other contractor's bid for the same project.
D. Awritten record shall be made bythe Cityof Moses Lake's representative of each contractor's
bid on the project and of any conditions imposed on the bid. Immediatelyafter 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:Ifa work,construction,alteration,repair,or improvement project is
estimated to cost less than thirty-five thousand dollars ($35,000),the Cityof Moses Lake may award
such a contract using the limitedpublicworks process provided under RCW39.04.115,subsection (3).
Forlimitedpublicworks projects, the CityofMoses Lake will solicitelectronic orwritten quotations from
a minimum of three (3)contractors fromthe appropriate small works rosterand 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.
A. For limited public works projects,the City of Moses Lake 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 forthe contractor's non-payment oflaborers,
mechanics,subcontractors,materialmen,supplies,and taxes imposed under Title 82 RCW that
may be due from the contractorfor the limitedpublicworks project. However, the Cityof Moses
Lake shall have the right of recovery against the contractor for any payments made on the
contractor's behalf.
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RESOLUTION 3185
PAGE 3 October 12,2010
B.The City of Moses Lake shall maintain a list of the contractors contacted and the contracts
>w'awarded during the previous twenty-four (24)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. Awarding Quote: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:
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 pervious 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:PROVIDED,That in considering bids for purchase,manufacture,or lease,and
in determining the "lowest responsible bidder,"whenever there is reason to believe that
applying the "lifecycle costing"technique to bid evaluation would result in lowest total cost
to the state,first consideration shall be given by state purchasing activities to the bid with
the lowest life cycle cost which complies with specifications."Life cycle cost"means the
total cost of an item to the state over its estimated useful life,including costs of selection,
acquisition,operation,maintenance,and where applicable,disposal,as far as these costs
can reasonably be determined,minus the salvage value at the end of its estimated useful
life.The "estimated useful life"of an item means the estimated time from the date of
acquisition to the date of replacement or disposal,determined in any reasonable manner.
Nothing in this section shall prohibit any state agency,department,board,commission,
committee,or other state-level entity from allowing for preferential purchase of products
made from recycled materials or products that may be recycled or reused."
9.Award:All of the quotations shall be collected and presented at the same time to the City Council for
consideration,and award of the contract.
Adopted by the City Council on October 12,2010.
ATTEST:Jon £arte,Mayor
Ronald R.Cone,Finance Director