Item 7f Draft Small Works Reso

Resolution No. 36XX
A RESOLUTION of the Port Corr~missionof the Port of Seattle, a Washington Public
Port, establishing a small works roster process to award public works contracts.
WHEREAS, the Washington State Legislature in Chapter 138, Laws of 2000 and in
Chapter 284, Laws of 2001, Chapter 130, Laws of 2008 amended 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; and
WHEREAS, in order to be able to implement small works roster processes, the Port is
required by law to adopt a resolution establishing specific procedures;
Now, therefore, the Commission of the Port of Seattle, Seattle, Washington, hereby
resolves as follows:
Section 1. Pursuant to RCW 53.08.120 and RCW 53.08.1 35, RCW 39.04, and Port of
Seattle Resolution 3605, The Chief Executive Officer (CEO) is authorized to establish a
small works roster program, including a Limited Public Work roster. The small works
roster program shall comply with RCW 39.04.155 and RCW 53.08.120.
1. Small Works Dollar Thresholds. The small works roster program applies to
construction, building, renovation, remodeling, alteration, repair, or improvement of
real property where the estimated cost does not exceed the dollar thresholds
established in RCW 39.04.155. The costs included within the dollar threshold are
.the costs of labor, material, equipment and sales andlor use taxes as applicable.
Breaking any project into units or accomplishing any projects by phases is prohibited
if it is done for the purpose of avoiding the maximum dollar threshold of a contract
that may be let using the small works roster process or limited public works process.
2. Establishmentof Rosters. The Port may create small works roster(s)for different
categories of work andlor Lirr~itedPublic Works roster(s) for different categories of
work. Rosters may make distinctions between contractors based upon different
geographic areas served by the contractor.
3. Contractors on Roster(s). The roster(s) shall consist of all 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 Port as
a condition of (a) being placed on a roster or rosters andlor (b) remaining on the
roster(s). Contractors may be added to an appropriate roster or rosters at any time
provided they submit a written request and necessary records. The Port may require
master contracts be signed that become effective when a specific award is made
using a small works roster.
4. Maintenance of the Roster(s). The Port shall establish protocol for roster
maintenance, including time intervals for renioving contractors from the roster and
requiring contractors to update their information. Contractors are responsible for
updating their information. A contractor may be removed, at the discretion of the

Director, Central Procurement Office or delegated designee, .from a small works
roster after being deemed not responsible to two consec~~tiveinvitations to bid;
and/or for failing to update roster information.
5. Publication. At least once a year, the Port shall publish in a newspaper of general
circ~~lationwithin the jurisdiction a notice of the existence of the roster or rosters and
solicit the names of contractors for such roster or rosters.
6. Process Requirements for Small Works Projects. The Port may obtain
telephonic, written, or electronic quotations for public works contracts from
contractors in the appropriate categories on a small works roster and award
contracts to the lowest priced responsible bidder, as defined in RCW 39.04.010.
a) A contract awarded from a small works roster need not be advertised.
b) Quotations may be invited from all contractors in the appropriate category or
categories. As an alternative, quotations may be invited from at least five
contractors in a category on the appropriate small works roster, in a manner
that will equitably distribute the opportunity among the contractors on the
appropriate roster. If the Port chooses to solicit quotes from a limited number
of firms instead of selecting all firms on the roster, the Port shall follow the
requirements established in RCW 39.04.155.
d) For purposes of this resolution, "equitably distribute" means that the Port may
not favor certain contractors on the appropriate small works roster category
over other contractors in the appropriate small works roster category.
e) Quotes shall be recorded, open to public inspection, and available by
request.
7. Process Requirements for Limited Public Works Small Works Projects.
a) If a work, construction, alteration, repair, or improvement project is estimated
to cost less than the limited pi~blicworks threshold established in RCW
39.04.155, the Port may award such a contract using the limited public works
process provided under RCW 39.04.155, subsection (3).
b) For limited public works project, the Port may solicit telephonic, electronic, or
written quotations from a minimum of three contractors from the appropriate
category on the limited public works small works roster and award the
contract to the lowest priced responsible bidder as defined under RCW
39.04.010.
c) The quotations shall be open to public inspection and available by request.
d) The Port shall attempt to equitably distribute the opportunity among the
con.tractorsin the appropriate category on the limited public works roster.

DRAFT
e) The CEO or designee has authority to waive performance bond, payment
bond, and/or retainage requirements for limited public works projects on a
case-by-case basis. The Port shall establish criteria for evaluating and
determining the appropriateness of such waiver and such criteria should
include consideration of the Port's potential liability exposure. Documentation
of the decision to waive such requirements must be in writing.
f)  The Port 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.
Section 2. The Director, Central Procurement Office, or designee shall be responsible for
the administration of the small works roster program and shall prepare and adopt the
forms, processes and procedures necessary to implement a small works roster program
for different categories of anticipated work that complies fully with this Resolution and all
applicable requirements of state laws.
ADOPTED by the Port Commission of the Port of Seattle this     day of
, and duly authenticated in open session by the signatures of the
Commissioners voting in favor thereof and the Seal of the Commission duly affixed.

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