The
following small works roster procedures are established for use by the
district pursuant to RCW 70.44.140 and chapter 39.04 RCW.
1. Cost. The district 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 $300,000.00, which includes the costs of labor, material,
equipment and sales and/or use taxes as applicable. Instead, the district
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
2.
Number of Rosters.
The district may create a single general small works roster, or may create a
small works roster for different specialties or categories of anticipated
work. The small works rosters may make distinctions between contractors
based upon different geographic areas served by the contractor.
3. Contractors on Small Works Roster(s). The small works roster(s)
shall consist of all responsible contractors who have requested to be on the
roster(s), and where required by law are properly licensed or registered to
perform such work in this state. Contractors desiring to be placed on a
roster or rosters must keep current records of any applicable licenses,
certifications, registrations, bonding, insurance, or other appropriate
matters on file with the district as a condition of being placed on a roster
or rosters.
4. Publication. At least once a year, the district 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 an
appropriate roster or rosters at any time that they submit a written request
and necessary records. The district may require master contracts to be
signed that become effective when a specific award is made using a small
works roster. An interlocal contract or agreement between the district and
other local governments establishing a small works roster or rosters to be
used by the parties to the agreement or contract must clearly identify the
lead entity that is responsible for implementing the small works roster
provisions.
5. Telephone or Written Quotations. The district 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 the lowest
responsible bidder, as defined in RCW 43.19.1911, as follows:
§
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. This paragraph does not eliminate other requirements for
architectural or engineering approvals as to quality and compliance with
building codes.
§
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.
If the estimated cost of the work is from $150,000 to $300,000, the district
may choose to solicit bids from less than all the appropriate contractors on
the appropriate small works roster but must also notify the remaining
contractors on the appropriate small works roster that quotations on the
work are being sought. The district has the sole option of determining
whether this notice to the remaining contractors is made by:
§
Publishing notice in a legal
newspaper in general circulation in the area where the work is to be done;
§
mailing a notice to these
contractors; or
§
sending a notice to these
contractors by facsimile or other electronic means.
§
For purposes of this
resolution, “equitably distribute” means that the
district may not favor certain contractors on the appropriate small works
roster over other contractors on the appropriate small works roster who
perform similar services. At the time bids are solicited, the district
representative shall not inform a contractor of the terms or amount of any
other contractor’s bid for the same project;
§
A written record shall be made
by the district 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.
§
At least once every year a list of the contracts awarded under
that process is to be furnished to the Board of Commissioners and made
available to the general public. 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.
6. Determining Lowest Responsible Bidder. The Board of Commissioners
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 Board of Commissioners may call for new bids. In addition
to price, the Board of Commissioners shall take into account the following:
§
the ability, capacity, and
skill of the bidder to perform the contract;
§
whether the bidder can perform the contract within the time
specified by the district;
§
the quality of the bidder’s
performance of previous contracts or services;
§
the previous and existing
compliance by the bidder with laws relating to the contract or services.
7. Award. All of the telephone bids or quotations shall be collected
and presented at the same time to the Board of Commissioners for
consideration, determination of the lowest responsible bidder, and award of
the contract.
OR [If the Board of Commissioners delegates the authority to award bids of
certain amount(s) to an officer of the agency.]
7. Award. The superintendent or his designee shall present all
telephone
quotations/bids and recommendation for award of the contract to the lowest
responsible bidder to the Board of Commissioners. However, for public works
projects under $25,000, the superintendent shall have the authority to award
public works contracts without Board of Commissioner’s approval, provided
that the Board of Commissioners shall ratify the superintendent’s approval
at the next scheduled Board of Commissioners meeting by means of the consent
agenda. For public works projects over $25,000, the Board of Commissioners
shall award all public works contracts by resolution.
Small Works Roster Application