Chapter 3.48
SMALL WORKS AND CONSULTANT ROSTERS*

Sections:

3.48.010    Cost.

3.48.020    Publication.

3.48.030    Telephone or written quotations.

3.48.040    Contracts under bidding threshold.

3.48.050    Determining lowest responsible bidder.

3.48.060    Award.

3.48.070    Consultant services roster.

*    Prior ordinance history: Ordinances 548 and 860.

3.48.010 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 three hundred thousand dollars, 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 roster process. (Ord. 899 § 2 (part), 2011).

3.48.020 Publication.

At least once a year, on behalf of the city, the Municipal Research and Services Center (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(s) 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. (Ord. 899 § 2 (part), 2011).

3.48.030 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.

(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. “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.

If the estimated cost of the work is from one hundred and fifty thousand dollars to three hundred thousand dollars, the city 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 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 e-mail.

(3)    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’s 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. (Ord. 899 § 2 (part), 2011).

3.48.040 Contracts under bidding threshold.

The city may choose not to bid or comply with this small works roster procedure for a public works project if the estimated cost is less than:

(1)    Sixty-five thousand dollars if more than one craft or trade is involved; or

(2)    Forty thousand dollars if a single craft or trade is involved. (Ord. 899 § 2 (part), 2011).

3.48.050 Determining lowest responsible bidder.

The city 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, or for any other reason it is in the city’s best interest in the determination of the city council, all bids may be rejected and the city 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 city. (Ord. 899 § 2 (part), 2011).

3.48.060 Award.

All of the telephone bids or quotations shall be collected and presented at the same time to the city council for consideration, determination of the lowest responsible bidder, and award of the contract. However, for public works projects below the dollar thresholds established in Section 2.78.010, the mayor, or city administrator with the mayor’s authorization, shall have the authority to award public works contracts without city council approval. (Ord. 899 § 2 (part), 2011).

3.48.070 Consultant services roster.

(a)    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.

(b)    Publication. At least once a year, on behalf of the city, 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 city who can provide further details as to the city’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 city may require master contracts to be signed that become effective when a specific award is made using a consulting services roster.

(c)    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 city’s projected requirements for any category or type of professional or other consulting services. The city 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 city departments. (Ord. 899 § 2 (part), 2011).