Chapter 2.61
SMALL WORKS ROSTER
Sections:
2.61.030 Cost of improvements.
2.61.040 Utilization--Submission of proposals.
2.61.050 Proposal invitation--Process.
2.61.010 Purpose.
There is hereby established for the city a small works roster comprised of all contractors who request to be on the roster and who are, where required by law, properly licensed or registered to perform contracting work in the state of Washington and meet the other requirements set forth in this ordinance or by law. (Ord. 1030 §1, 2002)
2.61.020 Established.
The small works roster shall be established as follows:
A. Under such schedule as may be established by the provisions of RCW 39.04.155, as now existing or as it may hereafter be amended or succeeded, the city shall publish in a newspaper of general circulation a notice of the existence of the small works roster and soliciting the names of contractors for such roster. The city shall add to the small works roster those qualified contractors who respond to the published notice and request to be included on the roster; provided that, if by action of the council, specialized rosters are authorized, then such publication may be for such specialized roster which shall be maintained under the same procedural requirements. In the interval between publication of the notice provided by this section, contractors submitting an appropriate written request and supporting documentation may be added to the applicable roster by action of the director of public works.
B. In order to be included on the roster, the contractor shall supply information on a contractor qualification form to be developed by the public works director. The contractor qualification form shall include, at a minimum, the name and address of the contractor, the contractor’s Washington registration number, the contractor’s insurance company, the contractor’s bonding company, the contractor’s area or areas of work, and such other information as may be required by law or set forth upon the form.
C. 1. In the event the director of public works determines, upon review of the qualification form, that in his or her opinion the applicant is not qualified, that applicant shall be so notified in writing, stating with reasonable specificity the bases for the director of public work’s decision.
2. The director shall also have the authority to remove a contractor from the roster for good cause, including failure of performance. The form and content of the notification shall be of the same general nature as is set forth in Subsection 1.
3. Any contractor whose application has been rejected or who has been removed from the roster by action of the Director shall have the right to request the council review the decision of the director of public works. Such request for review shall be filed with the clerk-treasurer within thirty calendar days from the date of the notice of disqualification or rejection. The decision of the council shall be final. (Ord. 1030 §2, 2002)
2.61.030 Cost of improvements.
Whenever the city seeks to construct any public work or improvements, the estimated cost of which, including costs of material, supplies, and equipment, is two hundred thousand dollars or less, or such amount as may be hereafter authorized by law, the small works roster may be utilized upon approval of the council. (Ord. 1030 §3, 2002)
2.61.040 Utilization--Submission of proposals.
In all situations other than those in which the provisions of Section 2.61.050 are utilized, the small works roster shall be utilized as follows:
A. The city shall invite proposals from at least five qualified contractors on the small works roster. The form of the quotation to be received, whether telephonic, written, or electronic, shall be established by the director in the invitation for quotations as well as such other items, including closing date and time, as the director deems appropriate. In the event the estimated cost of the project exceeds one hundred thousand dollars, then all contractors upon the particular roster shall be given notification of the request for quotations: provided that, the notification required by this sentence may be given by publication in a legal newspaper of general circulation, by mailed notice, or by notification through facsimile or electronic means. The presence of the alternative of publication of such notice to the entire roster shall not be deemed to create a requirement that such publication be utilized.
As required by applicable law, in the event that a solicitation for quotations is made to less than the entire roster, it shall be done in such a manner as to equitably distribute the opportunity among the contractors upon the roster. For purposes of this section the term "equitably distribute" means that it must be done in such a manner as to not favor certain contractors over other contractors upon the same list who perform similar work, all as set forth in RCW 39.04.155(2)(c).
B. At a minimum, the invitation to submit proposals or quotations shall include an estimate of the nature and scope of the work to be performed and the materials and equipment to be furnished.
C. When awarding a contract for work under the small works roster, the city shall award the contract to the contractor submitting the lowest responsible bid; provided, however, that the city shall have the right under applicable law to reject any or all bids and to waive procedural irregularities. (Ord. 1030 §4, 2002)
2.61.050 Proposal invitation--Process.
In the event that the estimated cost of the project is less than thirty-five thousand dollars, the project may be awarded utilizing the following process:
A. The city shall invite proposals from at least three qualified contractors on the small works roster. The form of the quotation to be received, whether telephonic, written, or electronic, shall be established by the director in the invitation for quotations as well as such other items, including closing date and time, as the director deems appropriate.
B. When awarding a contract for work under the small works roster, the city shall award the contract to the contractor submitting the lowest responsible bid; provided, however, that the city of Elma reserves its right under applicable law to reject any or all bids and to waive procedural irregularities. Further, in making the award, the city shall strive to equitably distribute the opportunities for the award of the contracts covered by this section among the contractors willing to perform the work.
C. Upon award, any quotation received shall be open to public inspection and available, to the extent permitted by technology available to the city, by electronic request.
D. For a period of no less than twenty-four months following award of a contract under this section, the City shall maintain a written list containing no less than the following information: the contractors contacted and the contracts awarded under this process. As to any contract awarded, the information shall include the name of the contractor, the contractor’s registration number, a brief description of the type of work performed, the amount of the contract, and the date of award.
E. When authorized by action of the council, the requirements for the provision of payment and performance bonds, as more fully set forth in RCW 39.08, as well as the retainage requirements set forth in RCW 60.28, may be waived. In recognition that such waiver places the city at direct risk for liability to the creditors otherwise protected by such bonds or retainage amount, such waiver shall not be deemed to constitute a release of the contractor from the responsibility for such payments. Further, in the event that the city is required to make any payment as a result of such waiver, it shall have the right of recovery against the contractor. (Ord. 1030 §5, 2002)
2.61.060 General provisions.
A. Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by inquiry.
B. A contract awarded from a small works roster under this chapter need not be advertised nor need it have detailed plans and specifications prepared for its performance by the city.
C. The breaking of any project into units or phases shall be and is hereby prohibited if such breaking or accomplishment is done for the purpose of avoiding the maximum dollar amount of a contract that may be let utilizing the processes set forth in the prior sections. (Ord. 1030 §6, 2002).