Chapter 5.50 SMALL WORKS

Chapter 5.50
SMALL WORKS

Sections:

5.50.010 MRSC rosters.

The District wishes to contract with the Municipal Research and Services Center of Washington (MRSC) to adopt for District use those statewide electronic databases for small public works roster and consulting services developed and maintained by MRSC, and the Board of Commissioners authorizes District staff to sign that contract. In addition, paper and/or electronic rosters may be kept on file by appropriate District departments. [Res. 853 § 1, 2011.]

5.50.020 Small works projects process.

The following small works roster procedures are established for use by the District pursuant to RCW 57.08.050 and Chapter 39.04 RCW:

(1) Cost. The District 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 $350,000, which includes the costs of labor, material, equipment and sales and/or use taxes as applicable. Instead, the District 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.

(2) Number of Rosters. The District may create a single general small works roster or may create a small works roster for different specialties or categories of anticipated work.

(3) Electronic Rosters. In addition to paper and/or electronic rosters kept on file in the appropriate department, the District may also use the Statewide electronic database developed and maintained jointly by the Daily Journal of Commerce and the Municipal Research and Services Center of Washington.

(4) Written or Electronic Quotations. The District may obtain 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(9), as follows:

(a) 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.

(b) 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 $250,000 to $350,000, the District may choose to solicit bids from less than all the appropriate contractors, but at least five, 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 District has the sole option of determining whether this notice to the remaining contractors is made by: (i) publishing notice in a legal newspaper in general circulation in the area where the work is to be done; (ii) mailing a notice to these contractors; or (iii) sending a notice to these contractors by facsimile or other electronic means.

(c) For purposes of this chapter, “equitably distribute” means that the District 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 District representative shall not inform a contractor of the terms or amount of any other contractor’s bid for the same project.

(d) A written record shall be made by the District 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) Limited Public Works Process. If a work, construction, alteration, repair, or improvement project is estimated to cost less than $30,000, the District may award such a contract using the limited public works process provided under RCW 39.04.155(3). For limited public works projects, the District will solicit electronic or written quotations from a minimum of three contractors from the appropriate small works roster and shall award the contract to the lowest responsible bidder as defined under RCW 43.19.1911(9). After an award is made, the quotations must be open to public inspection and available by electronic request.

For limited public works projects, the District may waive the payment and performance bond requirements of Chapter 39.08 RCW and the retainage requirements of Chapter 60.28 RCW, thereby assuming the liability for the contractor’s nonpayment of laborers, mechanics, subcontractors, materialmen, suppliers, and taxes imposed under RCW Title 82 that may be due from the contractor for the limited public works project. However, the District shall have the right of recovery against the contractor for any payments made on the contractor’s behalf. The District must maintain a list of the contractors contacted and the contracts awarded during the previous 24 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.

(6) Determining Lowest Responsible Bidder. The District 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 District may call for new bids. RCW 43.19.1911(9) states:

In determining ‘lowest responsible bidder’, in addition to price, the following elements shall be given consideration:

(a) The ability, capacity, and skill of the bidder to perform the contract or provide the service required;

(b) The character, integrity, reputation, judgment, experience, and efficiency of the bidder;

(d) The quality of performance of previous contracts or services;

(e) The previous and existing compliance by the bidder with laws relating to the contract or services;

(f) Such other information as may be secured having a bearing on the decision to award the contract.

(7) Award. The General Manager or designee must present all electronic or written quotations/bids and recommendations for award of the contract to the lowest responsible bidder to the Board of Commissioners. However, for public works projects under $30,000, the General Manager or designee shall have the authority to award public works and ratification of such awards must be documented on the Board’s regular meeting consent agenda. Res. 977 § 1 (Exh. A § 5.14), 2020; Res. 884 § 1 (Exh. A § 5.19), 2014; Res. 853 § 2, 2011; Res. 846 § 1, 2010; Res. 486 §§ 1 – 10, 1985.]

5.50.030 Consulting services roster.

(1) Consulting Services. Consulting services are professional services that have a primarily intellectual output or product and include architectural and engineering services as defined in RCW 39.80.020(4).

(2) Publication. At least once a year, on behalf of the District, MRSC shall publish in a newspaper of general circulation within the jurisdiction a notice of the existence of the consulting services roster or rosters and solicit statements of qualifications from firms providing consulting services. Such advertisements will include information on how to find the address and telephone number of a representative of the District who can provide further details as to the District’s projected needs for consulting services. Firms or persons providing consulting services shall be added to appropriate MRSC roster or rosters at any time that they submit a written request and necessary records. The District may require master contracts to be signed that become effective when a specific award is made using a consulting services roster.

(3) Professional Architectural and Engineering Services. The MRSC rosters will distinguish between professional architectural and engineering services as defined in RCW 39.80.020 and other consulting services and will announce generally to the public the District’s projected requirements for any category or type of professional or other consulting services. The District reserves the right to publish an announcement on each occasion when professional services or other consulting services are required by the agency and to use paper and/or other electronic rosters that may be kept on file by appropriate District departments. [Res. 853 § 3, 2011.]