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| title_2:2.20_small_works_roster [2011/12/07 18:13] – Res 712 dustin | title_2:2.20_small_works_roster [2025/01/28 19:32] (current) – Res 790 dustin |
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| ====== Chapter 2.20 - Small Works Roster. ====== | ====== Chapter 2.20 - Small Works Roster. ====== |
| All contracts for public work which are not exempt from public bidding under RCW 57.08.050, as hereafter amended, the estimated cost for which is three hundred thousand dollars ($300,000.00) or less pursuant to RCW 39.04.155, or in such different estimated cost threshold as provided in future amendment thereof, may be awarded as provided herein. The small works roster shall be utilized by the District in accordance with this chapter. | All contracts for public work which are not exempt from public bidding under RCW [[https://app.leg.wa.gov/RCW/default.aspx?cite=57.08.050|57.08.050]], as hereafter amended, may be awarded as provided herein. The District may use the small works roster described in RCW [[https://app.leg.wa.gov/RCW/default.aspx?cite=39.04.152|39.04.152]] for public work with an estimated cost of $350,000 or less, excluding sales tax, or such different amount as may be authorized by future legislative amendment. All public work estimated to cost in excess of the small works roster maximum of $350,000, excluding sales tax, or such different maximum amount as may be authorized by future legislative amendment, shall be subject to formal competitive bidding procedures required by applicable state law. (Res. {{:790.pdf|790}} §1, 2025) |
| ==== 2.20.010 Cost. ==== | ==== 2.20.010 Cost. ==== |
| The District need not comply with formal sealed bidding procedures and may award public works contracts in conformance herewith for the construction, building, renovation, remodeling, alteration, repair, or improvement of real property where the estimated cost of such work is three hundred thousand dollars ($300,000.00) or less, pursuant to RCW 39.04.155, or in such different estimated cost amount as provided in future amendment thereof. Said estimated costs shall include the costs of labor, material, equipment and sales and/or use taxes as applicable. | The District need not comply with formal sealed bidding procedures and may award public works contracts in conformance herewith for the construction, building, renovation, remodeling, alteration, repair, or improvement of real property where the estimated cost of such work is three hundred fifty thousand dollars ($350,000.00) or less, excluding sales tax, pursuant to RCW[[https://app.leg.wa.gov/RCW/default.aspx?cite=39.04.152|39.04.152]], or in such different estimated cost amount as provided in future amendment thereof. Said estimated costs shall include the costs of labor, material, equipment and use taxes as applicable. |
| (Res. {{:706.pdf|706}} §1, 2011: Res. {{:398.pdf|398}} §1, 1983) | (Res. {{:790.pdf|790}} §1, 2025: Res. {{:706.pdf|706}} §1, 2011: Res. {{:398.pdf|398}} §1, 1983) |
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| ==== 2.20.020 MRSC and Roster Options. ==== | ==== 2.20.020 MRSC and Roster Options. ==== |
| While under contract with the Municipal Research and Services Center of Washington (MRSC), MRSC will adopt for District use those state-wide electronic databases for small public works roster developed and maintained by MRSC. The District may utilize said state-wide electronic databases for selection of contractors in conformance with this chapter. | The General Manager is authorized to contract with the Municipal Research and Services Center of Washington (MRSC) for small works roster service. While under contract with MRSC, MRSC will adopt for District use those state-wide electronic databases for small public works roster developed and maintained by MRSC. The District may utilize said state-wide electronic databases for selection of contractors in conformance with this chapter. |
| (Res. {{:712.pdf|712}} §1, 2011: Res. {{:706.pdf|706}} §1, 2011: Res. {{:398.pdf|398}} §2, 1983) | (Res. {{:790.pdf|790}} §1, 2025: Res. {{:712.pdf|712}} §1, 2011: Res. {{:706.pdf|706}} §1, 2011: Res. {{:398.pdf|398}} §2, 1983) |
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| ==== 2.20.030 Publication for Contractors on Small Works Roster(s). ==== | ==== 2.20.030 Publication for Contractors on Small Works Roster(s). ==== |
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| ==== 2.20.040 Written or Electronic Quotation Process for Small Works Roster. ==== | ==== 2.20.040 Written or Electronic Quotation Process for Small Works Roster. ==== |
| The District shall obtain written or electronic quotations for public works projects to assure that a competitive price is established and to award contracts to the lowest responsible bidder, as defined in RCW 39.04.010 and RCW 39.04.350. 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. 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 (5) contractors on the appropriate small works roster who have indicated the capability of performing the kind of work being contracted; provided that, if the estimated cost of work is from one hundred fifty thousand dollars ($150,000.00) to three hundred thousand dollars ($300,000.00) or within such other amounts as are provided by future amendment to state statute (RCW 39.04.155), the District shall notify the remaining contractors on the small works roster that quotations on the work are being sought. Said notice may be provided by any means authorized by state statute (RCW 39.04.155), or as said statute is later amended. The District will attempt to equitably distribute the opportunity among the contractors on the appropriate roster by not favoring certain contractors over other contractors who perform similar services. Immediately after an award is made, the bid quotations obtained shall be noted in writing, open to public inspection, and available by telephone inquiry. | The District shall obtain written or electronic quotations for public works projects to assure that a competitive price is established and to award contracts to the lowest responsible bidder, as defined in RCW [[https://app.leg.wa.gov/RCW/default.aspx?cite=39.04.010|39.04.010]] and RCW [[https://app.leg.wa.gov/RCW/default.aspx?cite=39.04.350|39.04.350]]. 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. Quotations shall be invited from all appropriate contractors on the appropriate small works roster that have indicated an interest in performing work within the District’s geographical area. Quotations shall be received by securing written or electronic quotations to assure that a competitive price is established and to award contracts to the responsible bidder with the lowest responsive bid. Immediately after an award is made, the bid quotations obtained shall be recorded, publicly available, and available by request. The District shall annually post a list of small public works contracts awarded in accordance with RCW [[https://app.leg.wa.gov/RCW/default.aspx?cite=39.04.200|39.04.200]]. |
| (Res. {{:706.pdf|706}} §1, 2011: Res. {{:398.pdf|398}} §4, 1983) | (Res. {{:790.pdf|790}} §1, 2025: Res. {{:706.pdf|706}} §1, 2011: Res. {{:398.pdf|398}} §4, 1983) |
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| ==== 2.20.050 Determining Lowest Responsible Bidder. ==== | ==== 2.20.050 Determining Lowest Responsible Bidder. ==== |
| The District shall award the contract for the public works project to the lowest responsible bidder, however, the District reserves the right to reject all proposals and re—solicit the call for proposals, to waive informalities or irregularities in a proposal or in the proposal process, or to accept the proposal that is in the best interest of the District. This section shall also apply to use of the limited public works roster under section 2.20.070. | Unless otherwise authorized by state law, the District shall award the contract for the public works project to the lowest responsible bidder who meets the applicable responsibility criteria set forth in RCW [[https://app.leg.wa.gov/RCW/default.aspx?cite=39.04.350|39.04.350]], elsewhere in state law, or any supplemental bidder responsibility criteria established by the District. However, if the lowest bidder has delivered a project to the District within the last three years that was late, over budget, or did not meet specifications, the District reserves the right to award the project to the second lowest bidder under RCW [[https://app.leg.wa.gov/RCW/default.aspx?cite=57.08.050|57.08.050(8)]]. The District also reserves the right to reject all proposals and re-solicit the call for proposals, to waive informalities or irregularities in a proposal or in the proposal process, or to accept the proposal that is in the best interest of the District. |
| (Res. {{:706.pdf|706}} §1, 2011) | (Res. {{:790.pdf|790}} §1, 2025: Res. {{:706.pdf|706}} §1, 2011) |
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| ==== 2.20.060 Award and Compliance. ==== | ==== 2.20.060 Award and Compliance. ==== |
| All bids and quotations shall be collected and presented at the same time to the District for consideration and determination of the lowest responsible bidder and award of the job. In general, all contractors must comply with the following: | All bids and quotations shall be collected and presented at the same time to the District for consideration and determination of the lowest responsible bidder and award of the job. In general, all contractors must comply with the following: |
| *A. Prevailing wages must be paid and documented in compliance with RCW 39.12. | *A. Prevailing wages must be paid and documented in compliance with RCW [[https://app.leg.wa.gov/RCW/default.aspx?cite=39.12|39.12]]. |
| *B. A Performance Bond shall be executed in compliance with RCW 39.08 prior to beginning work. | *B. The District may choose to not require retainage or a performance bond for small public works contracts under $5,000. Small public works contracts valued at more than $5,000 shall be subject to performance bond requirements set forth in Chapter [[https://app.leg.wa.gov/RCW/default.aspx?cite=39.08|39.08]] RCW and retainage requirements set forth in Chapter [[https://app.leg.wa.gov/RCW/default.aspx?cite=60.28|60.28]] RCW, provided, however, that the District may reduce or waive retainage requirements set forth in RCW [[https://app.leg.wa.gov/RCW/default.aspx?cite=60.28.011|60.28.011(1)(a)]], thereby assuming the liability for the contractor’s nonpayment of: (a) laborers, mechanics, subcontractors, material persons, and suppliers; and (b) taxes, increases, and penalties pursuant to Titles 50, 51, and 82 RCW that may be due from the contractor for the project. Any such waiver will not affect the rights of the District to recover against the contractor for any payments made on the contractor’s behalf. |
| *C. The contractor must hold a current Washington State Contractor’s License. | *C. The contractor must hold a current Washington State Contractor’s License. |
| *D. The contractor must provide a certificate of insurance naming the District as additional insured. | *D. The contractor must provide a certificate of insurance naming the District as additional insured. |
| *b. $1,000,000 Worker’s Compensation and Employer’s Liability insurance in the amount required by law and paid to date. | *b. $1,000,000 Worker’s Compensation and Employer’s Liability insurance in the amount required by law and paid to date. |
| *E. Contractor must have a satisfactory record of performance. | *E. Contractor must have a satisfactory record of performance. |
| (Res. {{:706.pdf|706}} §1, 2011) | *F. Contractor must meet any mandatory bidder responsibility criteria established by state law, and any supplemental bidder responsibility criteria established by the District. |
| | (Res. {{:790.pdf|790}} §1, 2025: Res. {{:706.pdf|706}} §1, 2011) |
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| ==== 2.20.070 Alternative Limited Small Works Roster Process for Small Public Works Projects. ==== | ==== 2.20.070 Public Works Projects Direct Contract Option. ==== |
| *A. In lieu of awarding contracts under sections 2.20.010—2.20.060, the District may award a contract for public work estimated to cost less than thirty—five thousand dollars ($35,000.00), or such other amount as is authorized by future amendment of state statute (RCW 39.04.155), using the limited public works process provided under this section. Public works projects awarded under this section are exempt from the requirements of the small works roster process provided under section 2.20.040 herein, and are further exempt from the requirement that contracts be awarded after advertisement as provided under RCW 39.04.010. | *A. In lieu of awarding contracts under sections 2.20.010—2.20.060, the District may award a contract for public work estimated to cost less than one hundred fifty thousand dollars ($150,000.00), not including sales tax, or such other amount as is authorized by future amendment of state statute (RCW [[https://app.leg.wa.gov/RCW/default.aspx?cite=39.04.152|39.04.152]]), using the direct contract public works process provided under this section. |
| *B. For limited public works projects, the District shall 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. After an award is made, the quotations shall be open to public inspection and available by telephonic or electronic request. The District shall attempt to distribute opportunities for limited public works projects equitably among contractors willing to perform in the geographic area of work. The District shall maintain a list of the contractors contacted and the contracts awarded during the previous twenty-four (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. For limited public works projects, the District may in its discretion 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, materialpersons, suppliers, and taxes imposed under Title 82 RCW that may be due from the contractor for the limited public works project, however the District shall have the right of recovery against the contractor for any payments made on the contractor's behalf. | *B. For direct contract public works projects, if there are six or more contractors meeting the definition of small business, as defined in RCW [[https://app.leg.wa.gov/RCW/default.aspx?cite=39.04.010|39.04.010]], on the applicable roster, the District shall direct contract with one of those small businesses on the applicable roster that have indicated an interest in performing work in the District’s geographical area. |
| (Res. {{:706.pdf|706}} §1, 2011) | *C. For direct contract public works projects where there are five or less contractors meeting the definition of small business, as defined in RCW [[https://app.leg.wa.gov/RCW/default.aspx?cite=39.04.010|39.04.010]], on the applicable roster, the District may direct contract with any contractor on the applicable roster. |
| | *D. The District shall notify small, minority, women, or veteran-owned businesses on the applicable roster when direct contracting is utilized. |
| | *E. The District must equitably distribute opportunities for direct contract public works projects among contractors willing to perform in the geographic area of work. The District shall maintain a list of the contractors contracted and the contracts awarded during the previous twenty-four (24) months under the direct contract 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. |
| | *F. The District shall establish a small, minority, women, and veteran-owned business utilization plan to comply with the requirements of RCW [[https://app.leg.wa.gov/RCW/default.aspx?cite=39.04.152|39.04.152(4)(b)(iv)]], as presently enacted or hereafter amended. |
| | (Res. {{:790.pdf|790}} §1, 2025: Res. {{:706.pdf|706}} §1, 2011) |
