3.104.020 Small public works roster.
The following small works roster procedures are established for use by the town pursuant to RCW 39.04.155:
(1) Cost. The town 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 the limit established for the small works roster process in RCW 39.04.155 or other authorizing agency statute, which includes the costs of labor, material, equipment, sales, or use taxes as applicable. Instead, the town may use the small public works roster procedures for public works projects as set forth in this chapter. 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.
(2) Publication. At least once a year, MRSC shall, on behalf of the town, publish in a newspaper of general circulation within the municipality’s jurisdiction a notice of the existence of the small works roster and solicit the names of contractors for the small works roster. MRSC shall add responsible contractors to the small works roster at any time that a contractor completes the online application provided by MRSC and meets minimum state requirements for roster listing.
(3) Telephone, Written, or Electronic Quotations. The town 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). The town may establish supplementary bidder criteria under RCW 39.04.350(2) to be considered in the process of awarding a contract.
(a) A contract awarded from a small works roster will 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 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 $150,000 up to the authorized threshold for use of the small works roster process in RCW 39.04.155 or other authorizing agency statute, the town 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 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 email.
(c) At the time bids are solicited, the town 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 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. The town may award a contract for work, construction, alteration, repair, or improvement projects using the limited public works process if the project cost is equal to or less than the amount established in RCW 39.04.155(3). For a limited public works project, the town 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 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, material men, suppliers, and taxes imposed under RCW Title 82 that may be due from the contractor for the limited public works project. However, the town shall have the right of recovery against the contractor for any payments made on the contractor’s behalf.
The town 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 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 town council may call for new bids. A responsible bidder shall be a registered 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.
(6) Award. All of the bids or quotations shall be collected by the mayor or his designee.
(a) The mayor or his designee shall then present all bids or quotations and their recommendation for award of the contract to the town council. The town council shall consider all bids or quotations received, determine the lowest responsible bidder, and award the contract; or
(b) If the town council delegates the authority to award bids to the mayor of the town for public works projects costing less than or equal to $50,000, the mayor shall have the authority to award public works contracts without town council approval; provided, that the town council shall ratify the mayor’s approval at the next scheduled town council meeting by means of the consent agenda. For public works projects costing more than $50,000, the town council shall award all public works contracts. (Res. 388 § 3, 2020)