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Home My WebLink About87-09 - Res. Amending Res. 15-01 Establishing Small Works Roster Process to Award Public Works ContractsRESoLUToN No. ?+'rPt AM ENDTNG RESOLUTIOT.¡ T SJOT A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MASON COUNTY, WASHINGTON, ON THE SUBJECT OF ESTABLISHING A SMALL WORKS ROSTER PROCESS TO AWARD PUBLIC WORKS CONTRACTS. WHEREAS, in order to be able to implement small works roster processes of RCW 39'04'155, the County is required by law to adopt a resolution establishing specific procedures; NOW THEREFORE, the Board of Commissioners of Mason County, Washington hereby resolves as follows: Section 1. 53.48.050 of the Mason County Code is hereby repealed. There is hereby added to the code of Mason county s3.48.050 which hereby reads as follows: Section 2.Thefollowing smallworks roster procedures are established for use by the County pursuantto RCW 36.32.235,36.32.250 and36J7.075 and 39'04.155 RCW' 1. Cost. The County need not comply with formal sealed bidding procedures for the construction, building, renovation, remodeling, alteration, repair, or improvement of real property where the êstimated cost does not exceed three hundred thousand dollars iggbO,0OO.00), or the current statutory limits in RCW 39.04.1 55, which includes the costs of labor, materiál', equipment and sales and/or use taxes as applicable. lnstead, the County may use the Smail 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 tır tne pul.poi" of avoiding the maximum dollar amount of a contract that may be let using the smallworks roster process. 2. Number of Rosters. The County may create a single general smallworks roster, or may create a small works roster for d¡ffereñt 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. Gontractors 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 desi¡ng io óe piac"d on a roste-r or rosters must keep current records of any applicable licenseê, certifibations, registrations, bonding, insurance, or other appropriate matters on file with the County as a condition of being placed on a roster or rosters. 4. pubtication. At least once a year, the County shall publish in a newspaper of gene.ral circulation, within the jurisdiction, a notice of the existence of the roster or rosters and solicit the names of contraciors 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 récords. The County may require master contracts to be signed that become effective when a specific awardls made using a smallworks roster. An interlocal contract or agreement between Mason County and othei local governments establishing a smallworls roster or rosters to be used by the parties to the agreement or contract must clearly identify the lead entity that is responiible for implementing the smallworks roster provisions' S. Telephone or Written Quotations. The County shall obtain telephone, written or electronic quotåtions for public works contracts from contractors on the appropriate smallworks roster to assure thai a competitive price is established and to award contracts to the lowest responsible bidder, as defined in RCW 39.04.010 and RCW 39.04.350, as follows: Page I of3 a) A contract awarded from a smallworks roster need not be advertised. lnvitations 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 þtans and specifications need not be included in the invitation. This paragraph does not eliminaie other requirements for architectural or engineering approvals as to quality and compliance with building codes. b) euotations may be invited from allappropriate contractors on the appropriate small works roster. Âs an alternative, quotations may be invited from at least five contractors on the appropriate smallworks rosterwho have indicated the capability of performíng the finO of work being contracted, in a manner that will equitably distribute the opportunity among the contractors on the appropriate roster. lf the estimated cost of the work is from one hundred fifty thousand dollars ($150,000) to three hundred thousand dollars ($300,000), the County may choose to àolicit 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 onihe work are being sought. The County 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(¡¡il Sendiñg a notice to these contractors by facsimile or other electronic means' c) For purposes of this resolution, "equitably distribute" means that the County may not' favor certain contractors on the appropriate smallworks roster over other contractors on the appropriate small works roster who perform similar services. At the time bids are solicited, the County 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 County representative of each contractor's bid on the project and of any conditions imposed on the bid. lmmediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry. 6. Limited Public Works Process. lf a work, construction, alteration, repair, or improvement project is estimated to cost less than thirty-five thousand dollars ($35,000), the County may award such a contract using the limited public works pro.cess provided underRcWg9.o¿'t55(3).Forlimitedpublicworksproject,theCountywillsolicit electronic or written quotations from a minimum of three contractors from the appropriate smallworks roster and shall award the contract to the lowest responsible bidder, as defined under RCW 39.04.010 and RCW 39.04.350. After an award is made, the quotations shall be open to public inspection and available by electronic request. For limited public woiks projects, the County may waive the payment and performance bond requiiements 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, subconiractors, mãterialmen, suppliers, and taxes imposed under Title 82 RCW that may be due from the contractor for the limited public works project. However, the County shäll have the right of recovery against the contractor for any payments made on the contractor's behalf. The County shall maintain a list of the contractors contacted and the contracts awarded dûring the previous twenty-four (24) months under the limited public works process, including the name of the contractor, the contractor's registration numþer, the Page2 of3 amount of the contract, a brief description of the type of work performed, and the date the contract was awarded. 7. Determining Lowest Responsible Bidder. The Board of County Commissioners 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 Board of County Commissioners may call for new bids. ln addition to price, the Board of County Commissioners shalltake into account the following: (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 8. Award. The Director of Public Works or his designee shall present all telephone quotations/bids and recommendation for award of the contract to the lowest responsible bidder to the Board of County Commissioners. However, for public works projects under $50,000, the Director of Public Works shall have the authority to award public works contracts without Board of County Commissioners approval. The Director of Public Works shall advise the Board of County Commissioners of the award of contract at the next scheduled Board of County Commissioners meeting. For public works projects over $50,000, the Board of County Commissioners shall award all public works contracts by resolution. DATED tnis lyh day of ü:rogpç , 2009. BOARD OF COMMISSIONERS MASON GOU NTY, WASHINGTON T- S¿ils- ATTEST: APPROVED AS T Page 3 of3