Chapter 3.41
SMALL WORKS ROSTER
Sections:
3.41.020 Creation of separate small works rosters.
3.41.030 Maintenance of small works roster.
3.41.040 Use of small works rosters.
3.41.010 Small works roster.
Except as required by federal law or Chapter 3.36 SVMC, the following requirements apply:
A. The city clerk shall maintain one or more small works rosters comprised of contractors who (1) have requested to be on the roster, and (2) are properly licensed or registered to perform contracting work in the state of Washington. The city clerk may maintain the small works roster(s) by (a) contracting with public or private entities to maintain such roster(s) on behalf of the City, or (b) through compliance with the procedures set forth in Chapter 3.41 SVMC. Use of a small works roster by contract shall comply with the procedures set forth in state law. Use of a small works roster by contract shall not excuse performance with any other contracting requirements of Chapter 3.41 SVMC or state law, such as requirements for performance and payment bonds.
B. A small works roster may be used in lieu of formal sealed competitive bid procedures to award contracts for public work where the estimated cost of the work is $350,000 or less, or such other amount as set forth in RCW 39.04.155 as adopted or amended. Small works rosters shall be maintained pursuant to the laws of the state of Washington as now enacted or hereafter amended. (Ord. 23-013 § 2, 2023; Ord. 19-021 § 4 (Exh. A), 2019; Ord. 17-012 § 3, 2017; Ord. 15-022 § 6, 2015).
3.41.020 Creation of separate small works rosters.
The City may elect to establish small works rosters for different specialties or categories of anticipated work with such rosters making distinctions between contractors based upon such specialties or work. (Ord. 19-021 § 4 (Exh. A), 2019; Ord. 17-012 § 3, 2017; Ord. 15-022 § 6, 2015).
3.41.030 Maintenance of small works roster.
Small works rosters shall be maintained as follows:
A. At least once per year, the city clerk shall publish in a newspaper of general circulation a notice of the existence of the small works roster(s) and soliciting the names of contractors for such small works roster(s). The city clerk shall place on each small works roster the names of qualified contractors who respond to the published notice requesting to be included on each small works roster. Thereafter, the city clerk shall add to each small works roster the names of contractors who submit a written request and appropriate records.
B. In order to be included on a small works roster, the contractor shall supply information on a contractor qualification form developed by the City. The contractor qualification form shall include, at a minimum, the name, address, email address and phone number of the contractor, the contractor’s Washington registration number, the contractor’s insurance company, the contractor’s bonding company, and the contractor’s area or areas of work. (Ord. 19-021 § 4 (Exh. A), 2019; Ord. 17-012 § 3, 2017; Ord. 15-022 § 6, 2015).
3.41.040 Use of small works rosters.
A. Except as required by federal law or Chapter 3.36 SVMC, the City may utilize a small works roster when seeking to construct any public work or improvement with an estimated cost including labor, material, supplies, and equipment of $350,000 or less, or such other amount as set forth in RCW 39.04.155 as adopted or may be amended.
B. Procedures shall be established for securing quotations from contractors on the appropriate small works roster to ensure that a competitive price is established and to award contracts to the lowest responsible bidder, as provided in SVMC 3.41.040(C). Invitations for bids shall include the scope and nature of the work to be performed as well as materials and equipment to be furnished. Detailed plans and specifications need not be included in the invitation. Quotations shall be invited from all appropriate contractors on the appropriate small works roster.
C. When awarding a contract for work from a small works roster, the City shall award the contract to the lowest responsible bidder. However, the City reserves the right under applicable law to reject any or all bids and to waive procedural irregularities in the bid or bidding process.
D. The City may receive bids in writing, which may be submitted electronically. The time and date of receipt shall be recorded to ensure all bids are presented in a timely fashion for review and consideration. After expiration of the time and date for submission of all bids or quotations, the City shall review the bids submitted and either offer a contract to perform the public work or reject all bids. If no proposals are received, City staff shall not be required to resubmit for additional proposals, but may negotiate with any available contractor.
E. The City shall comply with applicable state law requirements to equitably distribute bids to qualified contractors.
F. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephonic or electronic request.
G. The City shall post on the City’s website a list of the contracts awarded pursuant to Chapter 3.41 SVMC at least once every year. 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.
H. A contract awarded from a small works roster under Chapter 3.41 SVMC need not be advertised in a legal newspaper of general circulation. Immediately after an award is made, the bid quotations shall be recorded, open to public inspection, and available by telephone inquiry.
I. Performance and Payment Bonds. Before entering into a contract for any public work or work by contract on which prevailing wage is required to be paid, regardless of the amount of such contract except as provided below, a performance bond and a payment bond shall be required in such amounts as are reasonably necessary to protect the best interests of the City and to ensure complete, proper and full performance of the contract and full payment of all laborers, mechanics, and subcontractors and material suppliers. A performance bond and a payment bond shall be required on all public work projects, as provided for and in the manner set forth in RCW 39.08.010 through 39.08.030, as adopted or amended. Performance and payment bonds shall be released upon completion of all necessary performance and payment conditions.
Pursuant to RCW 39.08.010, for certain public works and works by contract on which prevailing wage is required to be paid, at the contractor’s option, the City may, in lieu of requiring payment and performance bonds, retain a percentage of the contract amount until the later of 30 days after final acceptance or until receipt of all necessary releases from the Washington State Department of Revenue, the Employment Security Department, and the Washington State Department of Labor and Industries and settlement of any labor, material, or tax liens filed pursuant to Chapter 60.28 RCW. This option is only available for contracts at the amount set forth in RCW 39.08.010 as adopted or hereafter amended. The amount retained by the City shall be the amount as set forth in RCW 39.08.010. Retainage in lieu of payment and performance bonds may only be used by the City for contracts when the requirement of bonds substantially increases the cost of the contract. (Ord. 23-013 § 2, 2023; Ord. 19-021 § 4 (Exh. A), 2019; Ord. 18-028 § 3, 2018; Ord. 17-012 § 3, 2017; Ord. 15-022 § 6, 2015).