Chapter 3.45
SMALL WORKS ROSTER
Sections:
3.45.040 Contractors on small works roster(s).
3.45.060 Telephone or written quotations.
3.45.070 Determining lowest responsible bidder.
3.45.010 Statutory authority.
The following small works roster procedures are established for use by the town pursuant to RCW 35.23.352 and Chapter 39.04 RCW. (Ord. 539 § 2, 2000)
3.45.020 Cost.
The town need not comply with formal sealed bidding procedures for the construction, building, renovation, remodeling, alteration, repair, or improvement of real property where the estimated cost does not exceed $200,000, which includes the costs of labor, material, equipment and sales and/or use taxes as applicable. Instead, the town 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. (Ord. 539 § 2(1), 2000)
3.45.030 Number of rosters.
The town 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. (Ord. 539 § 2(2), 2000)
3.45.040 Contractors 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. (Ord. 539 § 2(3), 2000)
3.45.050 Publication.
At least once a year, the town 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 at any time that they submit a written request and necessary records. (Ord. 539 § 2(4), 2000)
3.45.060 Telephone or written quotations.
The town 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 as follows:
(1) 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.
(2) 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 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 of the work is from $100,000 to $200,000, the town 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 town has the sole option of determining whether this notice to the remaining contractors is made by:
(a) Publishing notice in a legal newspaper of general circulation in the area where the work is to be done;
(b) Mailing a notice to these contractors; or
(c) Sending a notice to these contractors by facsimile or other electronic means.
(3) For purposes of this chapter, “equitably distribute” means that the town 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 town representative shall not inform a contractor of the terms or amount of any other contractor’s bid for the same project.
(4) A written record shall be made by the town 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.
(5) At least once every year a list of the contracts awarded under that process is to be furnished to the town council and made available to the general public. The list shall contain the name of the contractor or vendor awarded the contract, the amount of the contract, a brief description of the type of work performed or items purchased under the contract, and the date it was awarded. This list shall also state the location where the bid quotations for these contracts are available for public inspection. (Ord. 539 § 2(5), 2000)
3.45.070 Determining lowest responsible bidder.
The town 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 town council may call for new bids. In addition to price, the town council shall take into account the following:
(1) The ability, capacity, and skill of the bidder to perform the contract;
(2) Whether the bidder can perform the contract within the time specified by the town;
(3) The quality of the bidder’s performance of previous contracts or services;
(4) The previous and existing compliance by the bidder with laws relating to the contract or services. (Ord. 539 § 2(6), 2000)
3.45.080 Award.
All of the telephone bids or quotations shall be collected and considered, and a determination of the lowest responsible bidder shall be made, and the contract awarded pursuant to town policy. (Ord. 539 § 2(7), 2000)