Chapter 2.40
SMALL WORKS AND CONSULTANT ROSTERS

Sections:

2.40.010    MRSC rosters.

2.40.020    Small works rosters.

2.40.030    Consulting services rosters.

2.40.010 MRSC rosters.

The town of Skykomish wishes to contract with the Municipal Research and Services Center of Washington (MRSC) to adopt for town of Skykomish use those statewide electronic databases for small works roster and consulting services developed and maintained by MRSC and authorizes town of Skykomish staff to sign that contract. In addition, paper and/or electronic rosters may be kept on file by appropriate town of Skykomish departments. (Res. 222 § 1, 2007)

2.40.020 Small works rosters.

The town of Skykomish pursuant to RCW 39.04.155 establishes the following small works roster procedures for use:

(1) Cost. The town of Skykomish 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 is less than the dollar threshold for small public works projects as provided under RCW 39.04.155, as amended, which includes the costs of labor, material, equipment and sales and/or use taxes as applicable. Instead, the town of Skykomish may use the small works roster procedures for public works projects as set forth herein by the Skykomish town council. The breaking of any project into units or accomplishing any projects by phases is prohibited if it is done for avoiding the maximum dollar amount of a contract that may be let using the small works roster process.

(2) Publication. At least once a year, on behalf of the town of Skykomish, MRSC 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 appropriate MRSC roster or rosters at any time that they submit a written request and necessary records. The town of Skykomish may require master contracts to be signed that become effective when a specific award is made using a small works roster.

(3) Telephone or Written Quotations. The town of Skykomish 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).

(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.

(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. “Equitably distribute” means that the town of Skykomish may not favor certain contractors on the appropriate small works roster over other contractors on the appropriate small works roster who perform similar services. If the estimated cost of the work is from $100,000 to $200,000, the town of Skykomish may choose to solicit bids from less than all the appropriate contractors on the appropriate small works roster but must notify the remaining contractors on the appropriate small works roster that quotations on the work are being sought. The town of Skykomish 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 e-mail.

(c) At the time bids are solicited, the town of Skykomish 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 town of Skykomish 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.

(4) Limited Public Works Process. If a work, construction, alteration, repair, or improvement project is estimated to cost less than $35,000, the town of Skykomish may award such a contract using the limited public works process provided under RCW 39.04.155(3). For a limited public works project, the town of Skykomish 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 39.04.010. After an award is made, the quotations shall be open to public inspection and available by electronic request. For limited public works projects, the town of Skykomish 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 town of Skykomish shall have the right of recovery against the contractor for any payments made on the contractor’s behalf. The town of Skykomish shall 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.

(5) Determining Lowest Responsible Bidder. The Skykomish 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 Skykomish town council may call for new bids. A responsible bidder shall be a registered and/or licensed contractor who meets the mandatory bidder responsibility criteria established by Chapter 133, Laws of 2007 (SHB 2010) and who meets any supplementary bidder responsibility criteria established by the town of Skykomish.

(6) Award. All of the telephone bids or quotations shall be collected and presented at the same time to the Skykomish town council for consideration, determination of the lowest responsible bidder, and award of the contract or Skykomish town council delegates the authority to award bids of certain amount(s) to an officer of the agency.

(7) Award. The mayor or mayor’s designee shall present all telephone quotations/bids and recommendation for award of the contract to the lowest responsible bidder to the Skykomish town council. However, for public works projects under $7,500, the mayor shall have the authority to award public works contracts without Skykomish town council approval; provided, that the Skykomish town council shall ratify the mayor’s approval at the next scheduled Skykomish town council meeting by means of the consent agenda. For public works projects over $7,500, the Skykomish town council shall award all public works contracts. (Ord. 481 § 1, 2022; Res. 222 § 2, 2007)

2.40.030 Consulting services rosters.

(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.

(2) Publication. At least once a year, on behalf of the town of Skykomish, 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 town of Skykomish who can provide further details as to the town of Skykomish’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 town of Skykomish 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 town of Skykomish’s projected requirements for any category or type of professional or other consulting services. The town of Skykomish 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 town of Skykomish departments. (Res. 222 § 3, 2007)