It is the policy of the City of Tacoma that all citizens be afforded the opportunity for full participation in our free enterprise system, consistent with the City’s policy goal and objective that an opportunity for small firms to participate in the provision of construction services, and related goods and/or services, to the City. The objectives of the Small Works Roster Program are increased opportunity to bid for the City of Tacoma’s public works projects or improvements where the cost is $200,000[1] or less, to provide an orderly and efficient method of awarding work and to equitably distribute work among qualified contractors and to comply with the provisions of Washington State law for establishing small works rosters. This chapter is adopted in accordance with RCW Chapter 35.22.620 and RCW 39.04.155.
(Ord. 26727 § 1, 2000-11-07)
[1]
Code Reviser’s note: changed from $25,000 to $200,000 per City Attorney’s office 9/16/2010.
Terms used in this chapter shall have the meaning given to them in this chapter except where otherwise defined, and unless, where used, the context thereof clearly indicates to the contrary. Words and phrases used herein in the past, present, or future tense include the past, present, and future tenses. Words and phrases used herein in the masculine, feminine, or neuter gender shall include the masculine, feminine, or neuter genders. Words and phrases used herein in the singular or plural shall include both the singular and plural, unless the context thereof indicates to the contrary. As used herein, the following terms shall have the following meaning:
“Bid”
shall mean a quotation, proposal, solicitation or offer by a bidder or contractor to perform work for a single job under the Small Works Roster Program.
“Bidder”
shall mean any business or contractor, properly registered for the Small Works Roster Program, that submits a bid or proposal to perform work under the Small Works Roster Program.
“City”
shall mean the City of Tacoma and all affiliated agencies.
“Contract”
shall mean an agreement between the City of Tacoma and a contractor to perform work for a single job under the Small Works Roster Program.
“Contractor”
means any person(s), firm, partnership, corporation, or combination thereof, who submits a Small Works Roster Application and qualifies to participate in the program.
“Prevailing rate of wage”
shall have the same meaning as that contained in RCW 39.12.010 and WAC 296-127-410(3) as said sections now exist or may hereafter be amended.
“Public work or improvement”
shall have the same meaning as provided in RCW 39.04.010, as that section now exists or may hereafter be amended.
“Small works roster” (SWR)
shall mean the list of contractors maintained pursuant to the City of Tacoma’s Small Works Roster Program, as described in this chapter.
(Ord. 26727 § 1, 2000-11-07)
A small works roster and award of contract process for public works contracts of $200,000 or less[1] is hereby authorized.
A. 
The Director of Finance, or his or her designee, shall create and maintain a small works roster for designated categories of public works projects, which roster shall be comprised of all contractors who complete the required application and are, where required by law, properly licensed or registered to perform such work in Washington State.
B. 
Whenever work is done by contract, the estimated cost of which is $200,000 or less, and the small works roster process is used, bids may be invited from all appropriate contractors on the roster, provided that no fewer than five contractors, if such number is available, shall be invited to submit bids on any one contract, and provided, further, whenever possible, a proposal shall be invited from one Small Business Enterprise (“SBE”), one minority business enterprise (“MBE”) and/or one woman business enterprise (“WBE”), if available from the roster, and if otherwise qualified to perform the work being solicited. The procedures for selecting firms shall ensure that the opportunity to submit bids is equitably distributed among the listed firms while also ensuring that at least one certified SBE and one certified MBE and one certified WBE is included in each group of five bidders whenever possible.
C. 
Invitations for small works roster bids shall include a scope of work to be performed and materials and equipment to be furnished.
D. 
When awarding such a contract for work, the estimated cost of which is $200,000 or less, the City shall award the contract to the contractor submitting the lowest and best responsible bid.
E. 
The City shall endeavor to distribute bidding opportunities to as many small works roster contractors as possible and shall track solicitations to contractors on the roster. After a small works roster contractor has been invited to submit a bid for any given solicitation/project, the City shall endeavor to provide opportunities to other appropriately qualified contractors on the roster prior to making a repeat solicitation to any contractor.
F. 
In accordance with RCW 39.04.155, when awarding a contract of $100,000 or less, the performance bond and retainage requirements may be waived on a case-by-case basis for firms whose annual revenues are below $1,000,000.
G. 
Contractors with annual revenues below $250,000 who are awarded contracts of $100,000 or less shall be paid within ten business days, less 5 percent retainage, upon receipt by the City of fully completed closeout documentation.
(Ord. 26727 § 1, 2000-11-07; repealed and reenacted by Ord. 27868 Ex. A, 2009-12-15; Ord. 28141 Ex. C, 2013-03-26)
[1]
Code Reviser’s note: changed from “…of up to $200,000” to “…of $200,000 or less” per City Attorney’s office 9/16/2010.
The designated categories of work authorized for development of a Small Works Roster shall be based on the needs of the City.
(Ord. 26727 § 1, 2000-11-07; repealed and reenacted by Ord. 27868 Ex. A, 2009-12-15)
The Director of Finance is hereby authorized to propose administrative rules and regulations to be approved by the City Manager and Director of Utilities to properly implement and administer the provisions of this chapter. The Director of Finance shall propose to the Public Utility Board and City Council additional categories of work for inclusion in the small works roster procedures following the initial implementation of the program.
(Ord. 26727 § 1, 2000-11-07)
A. 
Any administrative rules and regulations adopted pursuant to Section 10.27.050 are for the administrative and procedural guidance of the officers and employees of the City of Tacoma, and are further expressions of the public policy of the City of Tacoma. Such rules and regulations, when adopted, shall not confer an independent cause of action or claim for relief cognizable in the courts of the state of Washington or the United States of America to any third parties, and these provisions shall not be used as the basis for a lawsuit in any court of competent jurisdiction challenging the award of any Contract by the City of Tacoma.
B. 
This chapter is enacted for the benefit of the general public. Any rules and regulations adopted pursuant to this chapter and the actions by City of Tacoma officials and employees in implementing this chapter are performed for the benefit of the general public. Any person, party, corporation, or partnership which contends that an officer or employee of the City of Tacoma has acted improperly or negligently in performing his or her duties under this chapter or the rules and regulations adopted pursuant to this chapter may have standing to request review of said contention by the Board of Contracts and Awards and, thereafter, by the City Council or Public Utility Board, as appropriate. The decision of the City Council or the Public Utility Board, as appropriate, is final and conclusive.
(Ord. 26727 § 1, 2000-11-07)
If any section of this chapter, or its application to any person or circumstance, is held invalid by a court of competent jurisdiction, then the remaining sections of this chapter, or the application of the provisions to other persons or circumstances, shall not be affected.
(Ord. 26727 § 1, 2000-11-07)
A. 
The City Manager and the Director of Public Utilities shall review the implementation of Chapter 10.27 (as revised) on a continuing basis and report on the impact of this program on a quarterly basis, to insure that the program is meeting the policy goals upon which this program has been enacted, namely, the promotion of a healthy business environment, increased competition, reduced unemployment, business development, and ensuring equal opportunity in contracting with the City.
(Ord. 26727 § 1, 2000-11-07; Ord. 27678 Ex A, 2007-12-18; repealed and reenacted by Ord. 27868 Ex. A, 2009-12-15)