POLICY/PROCEDURE
TITLE SMALL WORKS ROSTER EFFECTIVE DATE July 1, 2000
SUPERSEDES SMALL WORKS ROSTER PROCEDURE 100-9605
NUMBER 400-00-02 PAGE NUMBER 1 OF 6
Section Index:
1.0 2.0 3.0 4.0 5.0 6.0
General References Definitions Policy Procedure Posting of Small Works Roster/Purchase Awards
1.0
General 1.1 The purpose of the Small Works Roster is to expedite the solicitation and award of bids on small public works projects up to $200,000 by reducing the requirements for formal sealed bidding, advertising, and bid award. This policy affects all employees. This policy is being initiated by City Administration and the Finance Department.
1.2 1.3 2.0
References 2.1 RCW 35.22.620: 2.2 RCW 39.04.010: 2.3 RCW 39.04.155: 2.4 RCW 39.04.200: 2.5 RCW 39.08.010-080: 2.6 RCW 39.12.020-040: 2.7 2.8 2.9 2.10 2.11 RCW 60.28.010.900: EMC 2.04.030: EMC 3.44.030: EMC 5.04.110: EMC 13.45.150: Small Works Roster. Public Works Definitions. Small works roster contract awards process. Posting of small works roster or purchase awards. Contractor’s Bond Prevailing rate to be paid on public works and under public building service maintenance contracts--Posting of statement of intent. Lien for Labor, Materials, Taxes on Public Works Authority to Let Contracts Competitive Bidding Exemptions Bond Requirements Contract Bond
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3.0
Definitions The term public work shall include all work, construction, alteration, repair, or improvement other than ordinary maintenance, executed at the cost of the City, or which is by law a lien or charge on any property therein. The definition of public work includes construction and repair but excludes ordinary maintenance. For example, replacing an old worn out bridge or roof would amount to a repair or perhaps a new construction, but not maintenance, and therefore would be considered to be a public work. On the other hand, servicing a sewer system or cleaning a roof would involve maintenance and therefore would not be a public work and consequently would not be within the purview of the public works bid statutes. The term “public work” has generally been held to include such things as sewer systems, water systems, drainage systems, public buildings and fixtures therein, and construction and repair of streets and roads, all when for public use.1
4.0
Policy 4.1 The City of Everett has created a small works roster for different categories of anticipated work as follows:
092005 092008 092012 092016 092019 092023 092027 092031 092033 092039 092043 092045 092047 092050 092053 092059 092062 092065 092070 092073 092076 092080 092083 092086 092088 092090 092093 092096 092099 092103 ASBESTOS/LEAD ABATEMENT ASPHALT PAVING/SEALING BORING/JACKING OF PIPELINES CABINET MAKERS CARPENTERS CEILING INSTALLATIONS CONCRETE CUTTING CONCRETE INSTALLATIONS CONSTRUCTION INSPECTIONS DATA/TELCOM WIRE/SYSTEM INSTALL DEMOLITION DIVING SERVICES DOOR AND GATE OPERATORS DRAPERY/BLINDS/WINDOW COVERING DRYWALL ELECTRIC CONTRACTORS ENVIRONMENTAL SERVICES EXCAVATING FENCE FIRE EXTINGUISHERS FLOORING GEN CONTRACTORS/BLDG CONST GEN CONTRACTORS/SITE DEVELOPMNT GLAZING GUARD RAIL REPLACEMENT HYDROSEEDING IRRIGATION LANDSCAPING LIGHTING LOGGING 092105 092108 092111 092114 092117 092118 092120 092125 092128 092131 092134 092135 092137 092138 092140 092143 092144 092146 092148 092150 092154 092156 092158 092162 092167 092170 092173 092176 092183 092185 MACHINING, REPAIR & NEW MARINE CONSTRUCTION MASONRY MECHANICAL/HVAC (HEAT/COOL/VENT) METAL FABRICATORS/WELDING MODULAR BUILDINGS, INSTALLED MOISTURE, HEAT LOSS INSPECTIONS PAINTING PAVEMENT MARKINGS/SEALING PIPE INSPECTION ANALYSIS PLASTIC LAMINATING & FORMICA WORK PLAYGROUND EQUIP INSTALLATION/COURT STRIPING PLUMBING PRESSURE WASHING SVCS/MOBILE RETAINING WALLS/ROCKERIES ROADWAY CONSTRUCTION ROADWAY COMPACTION GROUTING ROOFING SEALANT, WATERPROOFING & CAULKING SECURITY SYSTEMS & FIRE ALARMS SEWER/WATER/DRAINAGE CONST SEWER LINE REHABILITATION SHEET METAL SIDING SIGNAGE SPRINKLERS, FIRE STORAGE TANK INSTALL/REMOVE STUMP GRINDING TREE SERVICE WEATHER PROOFING
4.2
1
This roster consists of all responsible contractors who have requested to be on the list, and where required by law, are properly licensed or registered to perform such work in this
Bidding in Washington Cities and Towns, Municipal Research & Services Center, (Oct., 1990), pp. 15-16.
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state. The categories on this roster may change as new categories are needed or existing categories are no longer needed. 4.3 The City of Everett shall publish in a newspaper of general circulation within it’s jurisdiction a notice of the existence of this roster and soliciting the names of contractors for such roster at least once a year. The City shall add to the roster those qualified contractors who fill out an application to be included on the roster. Contractors may submit applications to be included on the City of Everett’s Small Works Roster at any time during the year. The application shall include: • • • • 4.5 Prevailing wage requirements Performance bond requirements Standard Terms and Conditions Liability insurance requirements
4.4
Prevailing Wage A. The hourly wages to be paid to laborers, workers, or mechanics upon all public works shall not be less than the prevailing rate of wage for an hour’s work in the same trade or occupation in the locality within the state where such labor is performed. B. Posting and filing of intent to pay prevailing wages and affidavit of wages paid will comply with RCW 39.12.020-040 which is referenced hereto.
5.0
Procedure 5.1 When the need to have a public work done that will cost less than $200,000 is identified, all vendors recorded on the small works roster in the appropriate category or categories shall be invited to bid. Such invitations to bid shall include at minimum:
• •
An estimate of the scope and nature of the work to be performed Materials and equipment to be furnished
While detailed plans and specifications will usually be included in the invitation, their inclusion is not mandated. (RCW 39.04.155, Sec. 101. (4)) 5.2 Invitations to bid shall be in writing. They may be faxed, mailed, electronically transmitted, or hand delivered to all contractors in the appropriate category or categories of the small works roster. The invitation to bid shall establish a deadline when bids are due and instruct bidders to whom to direct their bids and what method is acceptable. The deadline established shall allow adequate time for bidders to prepare a bid in writing and return it to us in the acceptable manner established in the invitation to bid. Whenever possible, the bids shall be submitted on a bid submittal form provided by the City to facilitate the comparison of bids received. All bid responses shall be submitted to the Everett City Clerk in sealed envelopes unless the anticipated cost is less than $75,000. When the anticipated cost is less than $75,000, written bid responses may be faxed, mailed, electronically transmitted, or hand delivered as 3
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5.3
set forth in the Invitation to Bid. Only firm bids will be accepted and the City reserves the right to reject any or all bids or waive any irregularities and informalities in the bids submitted and accepted by the City. No bidder may withdraw his bid after the hour set for the opening thereof unless the award is delayed for a period exceeding 60 days. The City further reserves the right to make awards to the lowest and most responsive bidder(s) as deemed in the best interests of the City. When detemining the lowest, responsive bidder, the City shall consider tax revenues that would be received by the city as permitted by RCW 39.30.040 as well as any other preferential treatment of local Everett businesses to the extent permitted by state law, city charter, or Everett Municipal Code. 5.4 5.5 Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection, and available by telephone inquiry. Awards will be evidenced by the issuance of a Purchase Order and contract that incorporate the bid specifications and bid response as if set forth at length therein. The Purchasing Manager may sign such standard form contracts on behalf of the Mayor up to $100,000; provided, however, that any deviation from the standard form contract shall be reviewed by the City Attorney’s office and signed by the Mayor. A record of each and every bid received shall be recorded electronically with the Purchase Order. Any vendor who does not respond to a small works roster invitation to bid will be removed from that category of the small works roster. A written response of “No Bid” shall be sufficient response to retain a vendor on the small works roster in the appropriate category.
5.6
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5.7 The following parameters shall apply to small works projects: VALUE OF PROJECT
SOLICITATION: Can work be performed by contractors on the small works roster? Shall the Invitation to Bid be in writing? Shall the Bidder’s response be in writing? May bids be received by facsimile or other electronic means? Must sealed bids be opened at a public bid opening? Must Council advertise with an advertisement that is specific to the project? Will a Certificate of Insurance be required with the city named as an additional insured? Is a performance bond required AWARD Does the bid award need to be made by City Council? A contract together with a Purchase Order will be issued to the successful bidder. Who may sign on behalf of the City: After contract is executed, who takes care of administrative duties with regards to Performance Bond, Certificate of Insurance, Prevailing Wage, Releases from Departments of Labor and Revenue: CONTRACT COMPLETION Are progress payments allowed? Is a release from the Department of Revenue needed before final payment or release of retainage can be made?
$10-75,000
$75-100,000
$100200,000
Yes Yes Yes No Yes No Yes Yes
Yes Yes Yes Yes No No Yes
i
Yes Yes Yes No Yes No Yes Yes
No Purchasing Manager Finance Dept.
No Purchasing Manager Finance Dept.
No Mayor Finance Dept.
ii
iii
iii
Is a release from the Department of Labor and Industries required before final payment or release of retainage can be made? May the Project Manager accept a statement from the contractor certifying that prevailing wages have been paid, all claims for material and labor have been paid, and all taxes have been paid thus accepting the contract as complete and beginning the retention period?
i
Only when contract amount exceeds $20,000 Yes Yes
Yes
Yes
Yes Yes
Yes Yes
Performance bonds are required on all public works, however on contracts less than $25,000, the contractor may elect ‘Contractor’s Declaration of Option’ in lieu of a performance bond. ii Progress payments are permitted, however 5% must be retained. 50% must be retained if contractor has elected contractor’s declaration of option.
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6.0
Posting of Small Works Roster or Purchase Awards The City shall post a list of the contracts that have been awarded as a result of using the small works roster at least once every two months. The list shall contain the name of the contractor awarded the contract, the amount of the contract, a brief description of the type of work performed, the date it was awarded, and the location where bid quotations for these contracts are available for public inspection. This list shall be posted at the Everett City Clerk’s office, 3002 Wetmore, Everett, WA 98201. The original bid quotations shall be retained by the Everett City Clerk.
Issued by: Nancy Woods, Purchasing Manager Approved by: Debra Bryant, Finance Director Approved by: Jim Langus, Chief Administrative Assistant Approved by: Edward D. Hansen, Mayor
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Section 2.0
References
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Section 8.0
Attachments