1 of 3

Resolution No. 3616

A RESOLUTION of the Port Commission of 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 53.08.135, 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 and/or 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. Establishment of Rosters. The Port may create small works roster(s) for different

categories of work and/or Limited Public 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 and/or (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 removing 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

2 of 3

Director, Central Procurement Office or delegated designee, from a small works

roster after being deemed not responsible to two consecutive invitations 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

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.

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 public works 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

contractors in the appropriate category on the limited public works roster.

3 of 3

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.

______________________________