Chapter 2.13
SMALL WORKS ROSTER PROCEDURES
Sections:
2.13.020 Small works roster procedures for public works.
2.13.030 Limited small works roster for public works.
2.13.010 Purchase of materials, supplies, or equipment.
Repealed by Ord. 2086. (Ord. 957 § 1, 2002)
2.13.020 Small works roster procedures for public works.
A. Cost. The city 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 in the case of nonfederally funded projects, or does not exceed the federal simplified acquisition threshold of $250,000 in the case of federally funded projects, which includes the costs of labor, material, equipment, and sales and/or use taxes as applicable. Instead, the city shall use the small works roster procedures for public works projects as set forth in this section. The breaking of any project into units or accomplishing any projects by phases is prohibited if done for the purpose of avoiding the maximum dollar amount of a contract that may be let using the small works roster process.
1. In lieu of using the city’s small works roster as set forth in this section, the city’s limited small works roster as set forth in NMC 2.13.030 may be utilized for awarding contracts for public works when the estimated cost does not exceed $50,000.
B. Number of Rosters. The city may create a single general small works roster, or may create a small works roster for different categories of anticipated work. Said small works rosters may make distinctions between contractors based upon different geographic areas served by the contractor.
C. 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 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 city as a condition of being placed on a roster or rosters.
D. Publication. At least once a year, the city shall publish in a newspaper of general circulation within the city 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. The city may require master contracts be signed that become effective when a specific award is made using a small works roster. An interlocal contract or agreement between the 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.
E. Electronic, Telephone, or Written Quotations. The city shall obtain electronic, telephone, or written 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 responsive and responsible bidder, as defined in RCW 39.26.160 and 39.04.350, as follows:
1. A contract awarded from a small works roster need not be advertised. Invitations for quotations shall include the date, time, and place for submittal of quotes; an estimate of the scope and nature of the work to be performed; and the materials and equipment to be furnished. Detailed plans and specifications need not be included in the invitation; however, if the project work is to be performed on a time and materials basis, without formal plans or specifications, the hourly rates for labor and equipment and an estimate of the total project cost shall be submitted by qualified contractors. 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 attempts to equitably distribute opportunities among the contractors on the appropriate roster;
3. If the work is nonfederally funded and the estimated cost of the work is from $250,000 to $350,000, 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, 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; and
6. At least once every year a list of contracts awarded under this section shall 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 inspection.
F. Determining Lowest Responsive and Responsible Bidder. The city council shall award the contract for the public works to the lowest responsive and responsible bidder in accordance with RCW 39.26.160 and 39.04.350; 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 city council may call for new bids. The following factors, in addition to price, may be taken into account by the city in determining the lowest responsive and responsible bidder:
1. The ability, capacity, and skill of the bidder to perform the contract or provide the services required;
2. The character, integrity, reputation, judgment, experience, and efficiency of the bidder;
3. Whether the bidder can perform the contract within the time specified by the city;
4. The quality of performance by the bidder of previous public contracts;
5. The previous and existing compliance by the bidder with laws relating to the contract or services; and
6. Such other information as may be secured by the city having a bearing on the decision to award the contract.
G. Life Cycle Costing. In considering bids for the construction of public works projects, whenever there is reason to believe that applying the “life cycle costing” method to bid evaluation would result in the lowest total cost to the city, first consideration shall be given to the bid with the lowest life cycle cost which complies with the specifications. “Life cycle cost” means the total cost of an item to the city over its estimated useful life, including costs of selection, acquisition, operation, maintenance, and where applicable, disposal, as far as these costs can reasonably be determined, minus the salvage value at the end of its estimated useful life. The “estimated useful life” of an item means the estimated time from the date of acquisition to the date of replacement or disposal, determined in any reasonable manner.
H. Award. All of the telephone bids or quotations shall be collected and presented at the same time to the city administrator or designee for consideration and determination of the lowest responsive and responsible bidder. Such determination shall then be presented to the city council for its consideration and award of the contract. (Ord. 2086 §§ 1, 2, 2021; Ord. 1059 § 1, 2009; Ord. 957 § 1, 2002)
2.13.030 Limited small works roster for public works.
A. Cost. In lieu of awarding public works contracts under NMC 2.13.020, the city may award a contract for work, construction, alteration, repair, or improvement projects where the estimated cost does not exceed $50,000, which includes the costs of labor, material, equipment, and sales and/or use taxes as applicable using the limited small works roster procedures of this section. Public works contracts awarded under this section are exempt from the other requirements of the small works process outlined in NMC 2.13.020. The breaking of any project into units or accomplishing any projects by phases is prohibited if done for the purpose of avoiding the maximum dollar amount of a contract that may be let using the limited small works roster process established herein.
B. Electronic or Written Quotations. The city shall solicit electronic or written quotations from contractors on the appropriate small works roster established under NMC 2.13.020 and shall award the contract to the lowest responsive and responsible bidder, as defined in RCW 39.26.160 and 39.04.350. The following procedures shall be utilized:
1. A contract awarded using the limited small works roster process 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 three contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted, in a manner that attempts to equitably distribute opportunities among the contractors on the appropriate roster;
3. For purposes of these procedures, “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, the city 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 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 electronic request; and
5. The city shall maintain a list of the contractors contacted and the contracts awarded under the limited small works roster process for a period of 24 months. The list shall contain 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.
C. Bonds and Retainage. For limited public works roster projects, the city may waive the payment and performance bond requirements of Chapter 39.08 RCW and the retainage bond requirements of Chapter 60.28 RCW, and thereby assume full responsibility and liability for the contractor’s nonpayment of laborers, mechanics, subcontractors, materialmen, suppliers, and taxes, increases, and penalties imposed under RCW Titles 50, 51 and 82 that may be due from the contractor for the limited public works project; provided, however, that such a waiver by the city shall not constitute a waiver of the city’s right of recovery against the contractor for any payments made on the contractor’s behalf by the city. (Ord. 2086 §§ 1, 2, 2021; Ord. 957 § 1, 2002)