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RESOLUTION NO. 2818
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
RECITALS:
1.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.
2.In order to be able to implement small works roster processes, the City of Moses Lake is required
by law to adopt a resolution establishing specific procedures.
3.It is 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 improvements of real property
where the estimated cost does not exceed two hundred thousand dollars ($200,000), 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 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 of 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 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 City of 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
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 any time that they submit a written request and necessary records. The
City of Moses Lake 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
Moses Lake 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 City of Moses Lake may also use the state wide electronic database developed and
maintained jointly by the Daily Journal of Commence and the Municipal Research and Services
Center of Washington. •
RESOLUTION 2818
PAGE 2 November 28, 2006
6. Telephone or Written Quotations: The City of Moses Lake 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 (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.
If the estimated cost is from one hundred thousand dollars ($100,000) to two hundred
thousand dollars ($200,000), the City of Moses Lake 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 of Moses Lake has the sole option of determining whether this notice
to the remaining contractors is made by:
1)Publishing notice in a legal newspaper in general circulation in the area where the work
is to be done.
2)Mailing a notice to these contractors.
3)Sending a notice to these contractors by facsimile or other electronic means.
C.For purposes of this resolution, "equitably distribute" means that the City of Moses Lake 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 of Moses Lake's 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 of Moses Lake's 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 ($35,000), the City of Moses Lake may award
such a contract using the limited public works process provided under RCW 39.04.115, subsection
(3). For limited public works projects, the City of Moses Lake will solicit electronic or written
quotations from a minimum of three (3) 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 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 for the contractor's non-payment of
laborers, mechanics, subcontractors, materialmen, supplies, and taxes imposed under Title
82 RCW that may be due from the contractor for the limited public works project. However,
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Ronald C. Covey, Mayor
Adopted by the City Council on November 28, 2006.
ATTEST:
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1112noLUTION 2818
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the City of Moses Lake shall have the right of recovery against the contractor for any
payments made on the contractor's behalf.
The City of Moses Lake shall maintain a list of the contractors contacted and the contracts
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. 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:
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."
9. 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.
onald R. C ne, Finance Director
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