Chapter 2.64
SMALL WORKS ROSTER
Sections:
2.64.030 MRSC small works roster.
2.64.040 Contractors on small works roster(s).
2.64.060 Telephone or written quotations.
2.64.070 Determining lowest responsible bidder.
2.64.010 Established.
The following small works roster procedures are established for use by the city of Kittitas pursuant to RCW 35.23.352 and Chapter 39.04 RCW. (Ord. 10-008 § 1; Res. 00-620 § 1).
2.64.020 Cost.
The city need not comply with formal sealed bidding procedures for the construction, building, renovation, remodeling, alteration, repair, or improvements of real property where estimated cost does not exceed $300,000 (or higher, if permitted by law), which includes the costs of labor, material, equipment and sales and/or use taxes as applicable. Instead the city 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 process. (Ord. 10-008 § 1; Res. 00-620 § 1).
2.64.030 MRSC small works roster.
The city utilizes the MRSC small works roster and consultant services roster programs in compliance with RCW 39.04.155 and 39.80.030. (Ord. 10-008 § 1; Res. 00-620 § 1).
2.64.040 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. Contractors desiring to be placed on a roster or rosters may keep current records of any applicable licenses, certifications, registrations, bonding, insurance, or other appropriate matters on file with the city as a condition of being placed on the roster or rosters. (Ord. 10-008 § 1; Res. 00-620 § 1).
2.64.050 Publication.
At least once a year, the city of Kittitas, on its own or through MRSC, shall publish in a newspaper of general circulation within the jurisdiction a notice of the existence of a 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. The city may require master contracts to be signed that become effective when a specific award is made using a small works roster. An interlocal contract or agreement between city and other local governments establishing a small works roster or rosters to be used by the parties to the agreement or contract must clearly identify the lead entity that is responsible for implementing the small works roster provisions. (Ord. 10-008 § 1; Res. 00-620 § 1).
2.64.060 Telephone or written quotations.
The city 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 a contractor who meets the mandatory bidder responsibility criteria in RCW 39.04.350(1) and may establish supplementary bidder criteria under RCW 39.04.350(2).
(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 subsection 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.
(3) If the estimated cost of the work is from $100,000 to $300,000, the city 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 city has the sole option of determining whether this notice to the remaining contractors is made by:
(a) Publishing notice in a legal newspaper in 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.
(4) For purposes of this section, “equitably distribute” means that the city 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, and until such time as bid information is subject to public inspection, the city representative shall not inform a contractor of the terms or amount of any other contractor’s bid for the same project.
(5) A written record shall be made by the city 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.
(6) On September 15th of each year a list of the contracts awarded under that process is to be furnished to the city 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. The list shall also state the location where the bid quotations for these contracts are available for public inspections. (Ord. 10-008 § 1; Res. 00-620 § 1).
2.64.070 Determining lowest responsible bidder.
The city council shall award the contract for the public works project to the lowest responsible bidder; provided, that all bids may be rejected and the city council may call for new bids. In addition to price, the city 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 city;
(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. 10-008 § 1; Res. 00-620 § 1).
2.64.080 Award.
The mayor or his/her designee shall present all telephone quotations, bids and recommendation for award of the contract to the lowest responsible bidder to the city council for city council consideration and award of the contract. (Ord. 10-008 § 1; Res. 00-620 § 1).
2.64.090 Emergency.
(1) Competitive bidding is not required when an emergency exists, pursuant to RCW 39.04.280, as written or hereafter amended; however, in making emergency purchases, an effort will be made to include the level of competition that is practical under the circumstances. An “emergency” is defined in RCW 39.04.280(3) and means unforeseen circumstances beyond the control of the municipality that either:
(a) Present a real, immediate threat to the proper performance of essential functions; or
(b) Will likely result in material loss or damage to property, bodily injury, or loss of life if immediate action is not taken.
(2) When an emergency exists, the mayor will proclaim a local emergency. If possible, following the proclamation of a local emergency, the mayor shall seek a resolution from the city council that will: (a) waive competitive requirements; and (b) award, or authorize the mayor to award, on behalf of the city contracts necessary to address the emergency situation (including, but not limited to, architectural and engineering services). If, due to loss of life or other circumstances that make it impossible to obtain a council quorum for purposes of obtaining a resolution, the mayor will forego obtaining a resolution in advance of taking action and will later seek a resolution ratifying his/her actions. (Ord. 10-008 § 1).