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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 TELEPHONE OR WRITTEN BID QUOTATIONS rOR MATERIALS, EQUIPM�NT, AND SUPPLIES Y:\Civil 8\M-R\Resolutions\2009\SMR & Vendor List Resoludon 9-1 I-09 Page 1 of 9 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 A RESOLUTION CREATING VENDOR LISTS AND SECURING TELEPHONE OR WRITTEN BID QUOTATIONS FOR MATERIALS, EQUIPMENT, AND SUPPLIES Page 2 of 9 Y:\Civil 8\M-R\Resolutions\2009\SMR & Vendor List Resolution 9-I1-09 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; A RESOLUTION CREATING VENDOR LISTS AND SECURING TELEPHONE OR WRITTEN BID QUOTATIONS FOR MATERIALS, EQUIPMENT, AND SUPPLIES Page 3 of 9 Y:\Civil 8\M-R\Resolutions\2009\SMR & Vendor List Resolution 9-11-09 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 A RESOLUTION CREATING VENDOR LISTS AND SECURING TELEPIIONE OR WRITTEN BID QUOTATIONS FOR MATERIALS, EQUIPMENT, AND SUPPLI�S Page 4 of 9 Y:\Civil 8\M-R\Resolutious�2009\SMI2 & Vendor List Resolution 9-I1-09 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 A RESOLUTION CREATING VENDOR LISTS AND SECURING TELEPHONE OR WRITTEN BID QUOTATIONS FOR MATERIALS, EQUIPMENT, AND SUPPLIES Page 5 of 9 Y;\Civil 8\M-R\Resolutions�2009\SMR & Vendop List Resolution 9-11-09 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. A RESOLUTION CREATING VENDOR LISTS AND SECURING TELEPHONE OR WRITT�N BID QUOTATIONS FOR MATERIALS, EQUIPMENT, AND SUPPLIES Page 6 of 9 Y:\Civil 8\M-R\Resolutions\2009\SMR & Vendor List Resolution 9-ll-09 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 A RESOLUTION CREATING VENDOR LISTS AND SECURING TELEPHONE OR WRITTEN BID QUOTATIONS FOR MATERIALS, EQUIPMENT, AND SUPPLIES Page 7 of 9 Y:\Civil 8\M-R�Resolutions\2009\SMIt & Vendor List Resolution 9-1 I-09 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. A RESOLUTTON CREATING VENDOR LISTS AND SECURING TELEPHONE OR WRITTEN BID QUOTATIONS FOR MATERIALS, EQUIPMENT, AND SUPPLIES Page 8 of 9 Y;\Civil 8\M-R\Resolutions\2009\SMR & Vendor List Resolution 9-11-09 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 A RESOLUTION CREATING VENDOR LISTS AND SECURING TELEPHONE OR WRITTEN BID QUOTATIONS FOR MATERIALS, EQUIPMENT, AND SUPPLIES Page 9 of 9 Y:\Civil 8\M-R\Resolutions\2009\SMR & Vendor List Resolution 9-11-09