HomeMy WebLinkAboutResolution 09-080-CCBOARD OF COUNTY COMMISSIONERS � � � (�,' # � %' �
Grant County, Washington �� � ���
A RESOLUTION REPEALING RESOLUTION NO. )
99-21-CC, AND ESTABLISHING NEW )
PROCEDURES RELATING TO PURCHASING )
AND PUBLIC WORKS CONTRACTING, )
REESTABLISHING A VENDOR LIST PROCESS )
FOR PURCHASING MATERIALS, EQUIPMENT )
AND SUPPLIES, AND A SMALL WORKS ROSTER �
PROCESS TO AWARD PUBLIC WORKS �
CONTRACTS AND, OTHER MATTERS �
PROPERLY RELATING THERETO. �
)
RECITALS:
RESOLUTION No. 09-C7$O-O-CC
WHEREAS, RCW 36.32.245 generally prohibits a contract for materials, equipment,
supplies or services from being entered into by the county legislative authority or by any elected or
appointed officer of a county, until after Uids have been submitted to the county upon specifications
therefore; and
WHEREAS, RCW 36.32.245 authorizes a county to dispense with advertisement and
competitive bidding and other requirements for formal sealed bidding, as to materials, equipment,
supplies or seivices as to purchases with an estimated value between Five Thousand and No/100
Dollars ($5,000,00) and Twenty-Five Thousand and No/100 Dollars ($25,000.00), by utilizing a
uniform process as provided in RCW 39,04.190; and
WHEREAS, RCW 39.04.190 outlines a purchase contract process other than formal sealed
bidding for material, equipment, supplies and services; and
WHEREAS, RCW 39.04.190 provides that the county legislative authority shall publisli in a
newspaper of general circulation within the jurisdiction, at lease twice a year, a notice of the
existence of vendor lists and solicit the names of vendors for the lists; and shall, by resolution,
estaUlish a uniform procedure for securing telephone or written quotations, or both, from at least
three (3) different vendors, whenever possible, to assure that a competitive price is established and
for awarding contracts for the purchase of any materials, equipment, supplies or seivices, tio the
lowest responsible bidder as defined in RCW 43.19,1911; and
A RESOLUTION CREATING VENDOR LISTS AND SECURING
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WHEREAS, recent amendrnents to chapters 39.04 and 36.32 RCW, regarding the purcllase
of materials, equipment and supplies not connected to a public works project, allow certain
purchasing contracts to be awarded by a vendor list process; and
WHEItEAS, in order to be able to implement a vendor list and small works roster processes,
counties are required by law to adopt a resolution establishing specific procedures; and
WHEREAS, the Board of County Commissioners previously established procedures xelating
to purchasing and public worlcs contracting, including the establishrnent of a vendor list process for
purchasing materials, equipment and supplies, and a small works roster process to award public
works contracts; and
WHEREAS, the Board of County Commissioners desire to establish new procedures relating
to purchasing and public worlcs cont�acting, establishing a vendor list process for purchasing
materials, equipment and supplies, and a small worlcs roster process to award public worlcs contracts;
and
WHEREAS, the Board of County Commissioners has previously established a small worlcs
roster process as provided in RCW 39.04.155, dispensing with advertisement and competitive
bidding as to a small works roster for contracts; and
WHEREAS, the county, by and through its elected and appointed officials, has determined
that utilizing the small works process has saved time and expense, while at the same time letting
contracts at a competitive price; and
WHEREAS, the governing body of the county desires to establish a procedure for securing
telephone or written, bid quotations fiom vendors of materials, equipment, supplies and services, and
provide a similar benefit to the county and taxpayers.
NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners
hereby enact the policy set forth herein, repaaling Resolution No, 95-37-CC and Resolution No. 99-
21-CC, and establishing new procedures relating to purchasing and public worlcs contracting,
reestablishing a vendor list process for purchasing materials, equipment and supplies, and a small
works roster process to award public works contracts.
Section 1. Grant County Resolution No. 95-37-CC, passed and adopted on April 4, 1995, and Grant
County Resolution No. 99-21-CC, passed and adopted on March 9, 1999, are repealed in their
entirety.
Section 2. Elected and appointed officials shall have the primary responsibility for the administration
of this policy and shall report to the Board of County Commissioners periodically on instances
suggesting the need for clarification or revision of the procedures specified by this Resolution. The
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Prosecuting Attorney's Office shall assist elected and appointed officials in the discharge of Grant
County's responsibilities under this policy when requested,
Section 3. Purchase of materials, supplies or equipment not connected to a public worlcs project in an
amount of Five Thousand and No/100 Dollars ($5,000.00) or less: Grant County offices/departments
are not required to use informal or formal sealed bidding procedures or the procedures set forth in
this resolution to purchase materials, supplies, or equipment for the purchase of any materials,
supplies of equipment where the cost of same will not exceed Five Thousand and No/100 Dollars
($5,000.00), including applicable taxes. Grant County offices/departments will attempt to obtain tha
lowest practical price for such goods and services.
Section 4. Purchase of materials, supplies or equipment not connected to a public worlcs project in an
amount between Five Thousand and No/100 Dollars ($5,000.00) and Twenty-Five Thousand and
No/100 Dollars ($25,000.00), will be pursuant to the uniform process to award cont�acts provided in
RCW 39,04,190, to wit;
A. Publication Of Notice. At least twice a year, Grant County shall publish in a newspaper
of general circulation within the jurisdiction, a notice of the existence of vendor lists and
solicit the names of vendors for tihe lists.
B. Electronic Rosters. In addition to paper and/or electronic vendor lists lcept on �le in the
appropriate office/department, Grant County may also use that state wide electronic database
developed and maintained jointly by the Daily Journal of Commerce and the Municipal
Research and Services Center of Washington,
C. Telephone Quotations. Grant County shall use the following process to obtain telephone
quotations from vendors for the purchase of materials, supplies or equipment:
1. A written description shall be drafted of the specific materials, supplies, or
equipment to be purchased, including the number, quantity, quality, and type desired,
the proposed delivery date, and any other significant terms of purchase;
2. A Grant County representative shall malce a good faith effort to contact at least
three (3) of the vendors on the roster to obtain telephone solicitation quotations fiorn
the vendors for the required materials, supplies, or equipment;
3. The Grant County representative shall not share telephone quotation from one
vendor with other vendors solicited for the bid on the materials, supplies, or
equipment;
4. A written record shall be made by the Grant County representative of each vendor's
bid on the material, supplies, or equipment, and of any conditions imposed on the bid
by such vendor;
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5. The Grant County representative shall present to the Board of County
Commissioners all telephone quotations and a recommendation fo� award of the
contract to the lowest responsible bidder.
D, Determining the Lowest Responsible Bidder. Grant County shall purchase the
materials, supplies or equipment from the lowest responsible bidder (RCW 43.19,1911(9)),
provided that whenever there is reason to believe that the lowest acceptable bid is not the best
price obtainable, all bids may be rejected and Grant County may call for new Uids. Grant
County, in determining the lowest responsible bidder may take the following factors, 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
County Commissioners may call for new bids. RCW 43,19.1911(9) states;
"In determining "lowest responsible bidder", in addition to price, the following elements shall
be given consideration:
(a) The ability, capacity, and slcill of the bidder to perform the contract or provide the
service required;
(b) The character, integrity, reputation, judgment, experience, and efficiency of the
bidder;
(c) Whether the bidder can perform the contract within the time specified;
(d) The quality of performance of previous contracts or seivices;
(e) The previous and existing compliance by the bidder with laws relating to the
contract or services;
( fl Such other information as may be secured having a bearing on the decision to
award the contract:
PROVIDED: That in considering bids for purchase, rnanufacture, or lease, and in
determining the "lowest responsible bidder," whenever there is reason to believe that
applying the "life cycle costing" technique to bid evaluation would result in lowest
total cost to the state, first consideration shall be given by state purchasing activities
to the bid with the lowest life cycle cost which complies with specifications. "Life
cycle cost" means the total cost of an item to the state over its estimated useful life,
including costs of selection, acquisition, operation, rnaintenance, and whera
applicable, disposal, as far as these costs can reasonably be determined, minus the
salvage value at the end of its estimated useful life. The "estimated useful life" of an
item means the estimated time from the date of acquisition to tihe date of replacement
or disposal, determined in any reasonable manner. Nothing in this section sha11
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prohibit any state agency, department, board, commission, committee, or other state-
level entity from allowing for preferential purchase of products made from recycled
materials or products that may be recycled or reused.
E. Award. The Board of County Commissioners shall review quotations and
recommendation by appropriate office/departYnent staff and award the contract to the lowest
responsible bidder. A written record of each vendor's quotations shall be made open to public
inspection or telephone inquiiy after the award of the con�ract. Any contract awarded under
this suUsection need not be advertised.
F, Posting. A list of all contracts awarded under these procedures shall be posted at Board of
County Commissioners' offices once every two months. The list shall contain the name of
the vendor awarded the contract, the amount of the contract, a brief description of the items
purchased, and the date it was awarded.
Section 5. The following small works roster procedures are established for use by Grant County
pursuant to chapter 36.32 RCW and chapter 39.04 RCW.
A. Cost. Grant County need not comply with formal sealed bidding procedures for the
constiuction, building, renovation, remodeling, alteration, repair, or improvement of real
property where the estimated cost does not exceed Three Hundred Thousand Dollars
($300,000.00), which includes the costs of labor, material, equipment and sales and/or use
taxes as applicable. Instead, Grant County 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 1et using the small worlcs roster process
S. Number of Rosters. Grant County may create a single general small works roster, or may
create a small works roster for different specialties or categories of anticipated work. Said
small works rosters may make distinctions between con�ractors based upon different
geographic areas served by the cont�actor.
C. 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 worlc 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
Grant County as a condition of being placed on a roster or rosters,
D. Publication. At least once a year, Grant County will 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 will be added to
an appropriate roster or rosters at any time that they submit a written request and necessary
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records. Grant County may require master contracts to be signed that become affective when
a specific award is made using a small works roster, An interlocal contract or agreement
between Grant County and other local governments establishing a small worlcs 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,
E. Electronic Rosters. In addition to paper and/or electronic rosters kept on file in the
appropriate department, Grant County may also use that state wide elect�•onic database
developed and maintained jointly by the Daily Journal of Commerce and/or the Municipal
Research and Services Center of Washington.
F. Telephone or Written Quotations. Grant County will obtain telephone, written or
electronic quotations for public works contracts from contractors on the appropriate small
worlcs roster to assure that a competitive price is established and to award cont�acts to the
lowest responsiUle bidder, as defined in RCW 39.04.350, as follows:
1) A contract awarded from a small worlcs roster need not be advertised. Invitations
for quotations shall include an estimate of the scope and nature of the worlc to be
performed as well as matarials 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.
2) Quotations may be invited fiom 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 worlcs roster who have indicated the capability of
performing the kind of worlc being contracted, in a manner that will equitaUly
distribute the opportunity among the contractors on the appropriate roster.
If the estimated cost of the worlc is from one hundred fifty thousand dollars to three
hundred thousand dollars, Grant County may choose to solicit bids from less than all
the appropriate cont�actors on the appropriate small works roster but must also notify
the remaining contractors on the appropriate small worlcs roster that quotations on the
work are being sought. Grant County 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 other electronic
means.
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3) For purposes of this resolution, "equitably distribute" means that Grant County
may not favor certain contractors on the appropriate small worlcs roster over other
contractors on the appropriate small worlcs roster who perform similar services, At
the time bids are solicited, Grant County representative shall not inform a contractor
of the terms or amount of any other contractor's bid for the same project;
4) A written record shall be made by Grant County 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.
G, Limited Public Worlcs Process. Pursuant to RCW 36.32.250, in the letting of any
contract for public worlcs involving less than forty thousand dollars, advertisement and
competitive bidding may be dispensed with on order of the county legislative authority,
H. Determining Lowest Responsible Bidder. The Board of County Commissioners shall
award the contract for the public worlcs project to the lowest responsible bidder provided that,
whenever there is a reason to believe that the lowest acceptaUle bid is not the best price
obtainable, all bids may be rejected and the Board of County Commissioners may ca11 for
new bids. RCW 39,04.350 states:
(1) Before award of a public works contract, a bidder must rneet the following responsibility
criteria to be considered a responsible bidder and qualified to be awarded a public worlcs
proj ect. The bidder must:
(a) At the time of bid submittal, have a certificate of registration in compliance with chapter
18.27 RCW;
(b) Have a current state unified business identifier number;
(c) If applicable, have industrial insurance coverage for the bidder's employees working in
Washington as required in Title 51 RCW; an employment security department number as
required in Title 50 RCW; and a state excise tax registration number as required in Title 82
RCW;
(d) Not be disqualified from bidding on any public works contract under RCW 39.06,010 or
39,12.065(3); and
(e) If bidding on a public works pioject subject to the apprenticeship utilization requirements
in RCW 39.04.320, not have Ueen found out of compliance by the Washington state
apprenticeship and training council for worlcing apprentices out of ratio, without appropriate
supervision, or outside their approved worlc processes as outlined in their standards of
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apprenticeship under chapter 49,04 RCW for the one-year period immediately preceding the
date of the bid solicitation.
(2) In addition to the bidder responsibility criteria in subsection (1) of this section, the state or
municipality may adopt relevant supplemental criteria for determining bidder responsibility
applicable to a particular project which the bidder must meet.
(a) Supplemental criteria for detei7nining bidder responsibility, including the basis for
evaluation and the deadline for appealing a determination that a bidder is not respoiasible,
must be provided in the invitation to bid or bidding documents.
(b) In a timely manner before the bid submittal deadline, a potential bidder may request that
the state or municipality modify the supplemental criteria. The state or municipality must
evaluate the information submitted by the potential bidder and respond before the bid
submittal deadline. If the evaluation results in a change of the criteria, the state or
municipality must issue an addendum to the bidding documents identifying the new criteria,
(c) If the bidder fails to supply information requested concerning responsibility within the
time and manner speci�ed in the bid documents, the state or municipality may Uase its
determination of responsibility upon any available information related to the supplemental
criteria or may find the bidder not responsible.
(d) If the state or municipality determines a Uidder to be not responsible, the state or
municipality must provide, in writing, the reasons for the determination, The bidder may
appeal the determination within the time period speci�ed in the bidding documents by
presenting additional information to the state or municipality. The state or municipality must
consider the additional information before issuing its final determination. If the final
determination affirms that the bidder is not responsible, the state or municipality may not
execute a contract with any other bidder until two business days after the bidder determined
to be not responsible has received the final determination.
NOTE; Pursuant to RCW 39.04.350(3), the capital projects advisory review board created in
RCW 39.10.220 shall develop suggested guidelines to assist the state and municipalities in
developing supplemental bidder responsibility criteria. The guidelines must be posted on
the board's web site.
I. Award. All of the telephone bids or quotations shall be collected and presented at the same
time to the Board of County Commissioners for review and consideration, determination of
the lowest responsible bidder, and award of the contract.
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J. Severability. If any provision of this resolution, or its application to any person or
circumstance is held invalid, the remainder of the resolution or the application of the
provisions to other persons or circumstances, shall not be affected.
`�
K. Effective D�te. This resolution shall take effect the��ay o�f September, 2009.
NOW THEREFORE, BE IT HEREBY RESOLVED THAT THE GRANT COUNTY
COMMISSIONERS adopt this resolution.
PASSED AND ADOPTED this �_�day of September, 2009,
BOARD OF COUNTY COMMISSIONERS
G , COUNTY, W SHINGTON
Cindy C, C ter, Chair
� �__
Ri ard B. Stevens, Vice Chair
i�(/YC
Carolann Swartz, Member
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