HomeMy WebLinkAboutord1997-034WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 97-
CLEARANCES
Initial
Date
Date Received in Council Office:
A enda date
Assi ned to:
i inator: Jeffrey M. Monsen
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Jul 1
Introduction
Division Head:
7/15/97
Hearin
Dept. Head:
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Prosecutor:
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Purchasin /Budget:
Executive:
IPW
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SUBJECT:
Establishment of the Small Works Roster contracting process
ATTACHMENTS:
Cover memo, with attachments
Ordinance
SUMMARY STATEMENT. • Please complete sections of box as appropriate & explain the item below.
Related County contract #: Should Clerk schedule a hearing? NO / / YES / X / Requested date:
Amount budgeted for this item/ project: Is it or will it be within budget? YES / / NO / / (Please explain below)
.AL,et line item number(s):
The proposed amendment to Whatcom County Code 3.08, Purchasing System, would allow the utilization of the Small Works
Roster contracting process for public works projects valued under $100,000, as provided for in State Law.
ORIGINATOR'S RECOMMENDED ACTION:
Adoption of the Ordinance.
COMMITTEE ACTION TAKEN.
COUNCIL ACTION TAKEN:
1997-247 7/1/97: Introduced
7/15/97: Adopted 5 - 0, Nelson absent, Starkenburg abstained.
Ord. #97 -034
cance or Resolution Number (this item only):
nw. 4- 97 -03q
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(6/17/97)
SPONSORED BY: consent
PROPOSED BY: Public Works
INTRODUCTION DATE: 7/1/97
ORDINANCE NO. 97 -034
IN THE MATTER OF AMENDING WCC 3.08,
PURCHASING SYSTEM, TO INCORPORATE THE PROVISIONS OF
RCW 39.04.155, SMALL WORKS ROSTER CONTRACT AWARD PROCESS
WHEREAS, RCW 39.04.155 provides for a Small Works Roster cofltfact award
process as an alternate process in lieu of the requirements for formal sealed bidding; and,
WHEREAS, RCW 36.32.250 allows Counties to adopt the Small Works Roster
provisions for Public Works projects with an estimated value of ten thousand dollars up to one
hundred thousand dollars; and,
WHEREAS, on July 15, 1997, a public hearing was held to consider the proposed
amendments to Whatcom County Code 3.08.
NOW, THEREFORE, BE IT ORDAINED, that Whatcom County Code 3.08,
Purchasing System, be hereby amended as shown in Exhibit "A" attached hereto.
ADOPTED this 15 day of Jul —, 1997.
ATTEST:
Da ii- Davis, ounci er
APPRO ED AS TO FORM:
Civil Deputy Prosecuting Atty.
C: \WPFILES \SMAf1W KS.ORD
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WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
L . Ward Nelson, Council Chair
( Approved () Denied
P remen, County Executive
Date: 7 l7- 9 7
EXHIBIT "A"
Chapter 3.08
PURCHASING SYSTEM
Sections:
3.08.010 Purpose.
3.08.020 Administration.
3.08.030 Authority and functions.
3.08.040 Price quotations.
3.08.050 Vendor lists.
3.08.060 Bids and proposals required.
3.08.070 Contractor's bond required for public works.
3.08.080 Labor and material claims.
3.08.090 Bid specifications, deposits and awards.
3.08.095 Small Works Roster Contract Award Process
3.08.100 Council approval required.
3.08.110 Unregistered or unlicensed contractors prohibited.
3.08.120 Joint purchasing.
3.08.130 Amendments to chapter.
3.08.140 Severability.
3.08.010 Purpose.
It shall be the purpose of this chapter to establish a purchasing system to work with all county
departments, agencies, boards and commissions, and other operations of the county to
ensure efficiency in procurement of supplies and equipment of the necessary quality at the lowest
possible cost; to ensure compliance with purchasing statutes, regulations, policies and
procedures, to ensure efficient utilization of county property, new and used, and to minimize
employee time devoted to purchasing functions. (Ord. 93 -042 Exh. H).
3.08.020 Administration.
The director of the administrative services department shall have full authority and responsibility
for the operation of the purchasing system under the direction of the county executive. (Ord.
93 -042 Exh. H).
3.08.030 Authority and functions.
A. The authority to recommend and implement administrative policies and procedures that
provide a comprehensive basis for purchasing functions shall fall under the purview of the
purchasing system.
B. The following responsibilities shall be coordinated through the purchasing system:
1. Continue to improve services to departments and agencies in the area of
purchasing.
2. Develop automated requisition and reporting systems.
3. Improve purchasing productivity and control for all departments.
4. Standardize high volume purchases.
5. Centralize and execute printing orders from departments.
6. Develop efficient policies and procedures for acquiring goods and services.
7. Implement inventory controls and minimize costs of goods and services.
8. Submit an annual report on the status of county -owned inventories. The report
may include recommendations for improved standardization and high volume purchasing.
9. Prepare and make available to all departments standardized forms for
requisitions, vouchers, inventories and any other form required for county operations.
10. Assign purchase order numbers for every transaction wherein the county
acquires supplies, materials, equipment or contract rights in property or public works.
11. Annually publish in a newspaper of general circulation within Whatcom County
a notice of the existence of vendor lists. Solicit the names of vendors for the lists.
12. Secure telephone and /or written quotations from enough vendors to assure
establishment of a competitive price.
13. Award contracts for the purchase of materials, equipment or services involving
amounts not exceeding $10,000.
14. Whenever practical, contact at least three vendors to assure competitive
pricing.
15. When the amount of any transaction exceeds $10,000, the division, unless
otherwise provided by law, shall be responsible for the review and approval of
specifications and the preparation of invitations to bid pursuant to provisions set forth in
this chapter.
16. Bids shall be checked for accuracy and /or compliance with specifications and
invitation to bid.
17. Make bid recommendations on all bid awards to the county executive.
18. Perform such other duties as may be required to further the purposes of this
Chapter. (Ord. 93 -042 Exh. H).
3.08.040 Price quotations.
Whenever practical, price quotations from at least three vendors shall be solicited for contracts
and purchases or leases of supplies, materials or equipment involving amounts not exceeding
$10,000 in a single transaction. Records of all quotations obtained shall be maintained and shall be
open to public inspection. (Ord. 93 -042 Exh. H).
3.08.060 Bids and proposals required.
Bids or proposals must be submitted in response to specifications and invitations to bid for all
contracts and purchases or leases of supplies, materials or equipment involving funds of $10,000
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or more except as follows:
1. Professional consulting services of $10,000 or more shall be made upon a call for bids,
proposals, or statements of qualification, except in the case of an emergency declared by the
county executive, or when the acquisition of such services is from another public entity, or when
the county council, upon recommendation of the county executive, finds that a waiver of the bid
requirement will be in the best interest of Whatcom County. "Professional consulting services"
includes, but is not limited to, services from lawyers, architects, engineers, labor relations
consultants, and computer specialists.
2. In regard to contracts with architectural and engineering services, this section shall
supplement the provisions of Chapter 39.80 RCW and not be in lieu thereof. ` "
3. Repairs for less than $20,000 on equipment necessary to complete a project and
intergovernmental transfers of property shall not be required to go through competitive bidding.
However, should either the repair or the property transfer be for $25,000 or more, it shall require
council approval.
4. Sole source purchases shall not be required to go through competitive bidding. A
purchase may be determined to be sole source by the county executive or designee when the
bidding process would be futile because only one bidder could respond to the invitation.
5. In the event of an emergency when the public interest or property of the county would
suffer material injury or damage by delay, upon an order of the county executive declaring the
existence of such emergency and reciting the facts constituting same, the requirements governing
competitive bids with reference to any purchase or contract may be waived pursuant to RCW
36.32.270. (Ord. 93 -042 Exh. H).
6. Public Works projects involving funds less than $100,000 may be completed utilizing
the Small Works Roster Contract Award Process.
3.08.070 Contractor's bond required for public works.
A. The county shall require from a successful bidder a contractor's bond in the amount and
with the conditions imposed by law.
B. On contracts of $25,000 or less, Whatcom County may, where 50 percent of the
contract amount is retained for a period of 30 days after date of final acceptance (providing all
necessary releases from the tax commission and the Department of Labor and Industries have
been received) dispense with the requirement of a contractor's bond, as permitted by state law.
C. When required, the contractor's bond shall be a good and sufficient bond, with two or
more sureties, or with a surety company duly and currently licensed to engage in surety bonding
business in the state of Washington. Such bond shall conform to RCW 39.08.010.
D. The contractor's bond shall be payable to the county of Whatcom, state of Washington.
The conditions of the contractor's bond shall include:
1. The faithful performance of the contract; and
2. The faithful payment of all laborers, mechanics, subcontractors, materialmen,
and persons who supply such laborers, mechanics, subcontractors, or materialmen
with provisions and supplies for carrying on such work.
E. The contractor's bond is to be approved and filed with the original contract document
within 10 days (exclusive of the date of notice) after notice of award. (Ord. 93 -042 Exh. H).
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3.08.080 Labor and material claims.
A. Notice Required to Create Lien Against Retainage. Every person performing labor or
furnishing supplies toward the completion of a contract for public improvements or work by the
county other than for professional services shall have a lien upon the retainage reserved; provided,
such notice of the lien of such claimant has been given in the manner and within the time provided
in RCW 39.08.030 through 39.08.060 as now existing and in accordance with any amendments
that may be made thereto.
B. Special Notice Required for Suppliers to Bind Retainage. Every laborer, mechanic,
subcontractor, materialman and person who supplies such persons with provisions and supplies
for carrying on contract work for the county shall have a right of action againstIlfe contractor's
bond; provided, that within 45 days from and after the completion of the contract with an
acceptance of the work by the affirmative action of the county council, county executive, county
engineer, or other officer acting for the county, the lien claimant, or person claiming to be entitled
to a lien, present to and file with the county a notice of claim of lien in compliance with the
requirements of RCW 39.08.030 and RCW 60.28.011.
C. Special Provision of Claims Not Timely Filed. Whenever the county has entered into a
contract for the construction of any public improvement for the benefit of the county, whereby the
contractor agreed to furnish all labor, material and supplies necessary for the improvement, and
the contractor has proceeded with such improvement and procured from other persons labor,
material, or supplies and used the same in the construction of the improvement, but has failed to
pay such persons therefor, and such persons have filed claims therefor against the county, and the
claims have been audited in the manner provided by law and found to be just claims against the
county, and valid obligations of the county except for the fact that they were not filed within the
time provided by law, the county council may provide funds sufficient therefor, and cause the
payment of such claims in the manner provided by law for the payment of valid claims against the
county. (Ord. 93 -042 Exh. H).
3.08.090 Bid specifications, deposits and awards.
A. In developing specifications for bids or proposals, all reasonable efforts shall be made
to ensure that a variety of vendors shall be capable of fulfilling the stated requirements of the
county. Performance considerations shall be included in the specifications. However, nothing in
this section shall be construed to limit the county from pursuing sole source procurement where
adequate justification has been presented that such procurement is in the best interests of county
operations.
B. When the amount of any contract, purchase or lease exceeds $10,000, the
administrative services department shall be responsible for the review and approval of
specifications and the preparation of invitations to bid pursuant to provisions set forth in this
chapter.
C. No warrants shall be issued for the purchase or lease of capital outlay equipment (nor a
lease period extended or purchase- option exercised) unless authorized by the director of the
administrative services department or designee.
D. All bid specifications for public works, leases, or purchases prepared under the
provisions of this chapter shall be in writing and placed on file for public inspection.
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E. An advertisement that written specifications are on file and available for public
inspection shall be published in the official county newspaper. Advertisements shall be published
at least once in each week for two consecutive weeks prior to the last date upon which bids will
be received and may be published for as many additional publications as shall be considered in
the county's interest. Such advertisement shall state:
1. The date after which bids will not be received;
2. The character of the work to be done, or the materials, equipment or service to
be purchased; and
3. Where the specifications may be seen.
F. No bid shall be considered for public works unless it is accompanied by a bid deposit
in the form of a surety bond, postal money order, cash, cashier's check, or certified check in an
amount equal to five percent of the amount of the bid proposed.
G. Should the bidder to whom the contract is awarded fail to enter into the contract or fail
to furnish the contractor's bond within 10 days (exclusive of the date of notice) after notice of the
award, the amount of the bid deposit shall be forfeited to the county. Thereafter, the award shall
be made to the next lowest responsive bidder. The bid deposit of an unsuccessful bidder (if his
bid deposit has not been forfeited) shall be returned after the required contractor's bond of the
successful bidder has been accepted.
H. Bids received shall be opened and read in public on the date named in the
advertisement for bids, or to such an adjourned time as may then be publicly announced.
I. After opening, all bids shall be reviewed and referred to the requisitioning department
for recommendation of award. Bids will be forwarded by the director of the administrative
services department or designee with a recommendation to the county executive for award.
J. After opening and award, all bids shall be filed for public inspection, and available by
telephone inquiry.
K. Any or all bids may be rejected for good cause. If all bids are not rejected, the award
shall be to the lowest responsive bidder. In determining which is the lowest responsive bidder,
the county may take into consideration the bidder's responsiveness to the county's requirements,
the quality of the articles to be purchased or leased, availability of parts and service, delivery
time, the tax revenue the county would receive from purchasing from a supplier located within its
boundaries and prior dealings with the bidder.
L. The county may issue requests for proposals for services, or for technologically
complex equipment including but not limited to computers, software, or telephone systems. If all
proposals are not rejected, the award shall be to the highest rated proposal, talking into account
the selection criteria published in the request for proposals.
M. The county may award to multiple bidders for the same commodity or service when
the bid specifications provide for special circumstances in the determination of which vendor is
truly the lowest price to the county. Special circumstances may include differences in ability to
deliver, delivery time, availability of material, special loading or unloading conditions, total cost
including transport or labor if not included with bid item, performance of the delivered material,
location of the source, and proximity to the delivery point.
N. Contracts entered into by the county may be administratively amended to a cumulative
amount not to exceed $10,000 or 10 percent of the original contract whichever is greater; larger
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amounts require council approval. Amendments to existing contracts which involve externally
funded pass - through moneys may be approved by the county executive without council approval
in any amount. (Ord. 93 -042 Exh. H).
3.08.095 Small Works Roster Contract Award Process
This section may be utilized in the acquisition of contractual services necessary to complete
public works projects with an estimated value of less than $100.000. As allowed under RCW
36.32.250, and consistent with RCW 39.04.155, in order to use a Small Works Roster contract
award process in lieu of formal sealed bidding, the County shall: -
A. Publish at least twice each year in the official County newspaper a notice of the
existence of the roster and solicit the names of contractors that are qualified for the requested
categories of work. Notice shall be published at least once in each week for two consecutive
weeks prior to the last date upon which response to the notice will be received, and may be
published for as many additional publications as shall be considered in the county's interest.
B. In every case a certain category of work is to be accomplished under this section, all
contractors responding to the above notice and indicating their qualification to perform the
category of work proposed shall be contacted and provided an invitation to bid.
C. Include in the invitation to bid the date on which bids will be received, the scope and
nature of work to be performed. the materials and equipment to be furnished, and, if not provided
otherwise in the invitation to bid, where the detailed plans and specifications may be seen and
obtained.
D. Otherwise apply the provisions of 3.08.090, subsections B. D. F. G. H. I, J. K. and N.
E. Forgo the advertisement of a contract awarded through use of the Small Works
Roster.
3.08.100 Council approval required.
Contracts for professional services exceeding $15,000, bids exceeding $35,000 and all real
property leases must be submitted to the county council for approval, except when made in the
exercise of an option contained in a contract or lease previously approved by the council. (Ord.
96 -034; Ord. 93 -042 Exh. H).
3.08.110 Unregistered or unlicensed contractors prohibited.
No contract shall be entered into or executed with any contractor who is not registered or
licensed as required by the laws of this state (except only as permitted under RCW 39.06.010 for
highway projects for contractors who have been prequalified as required under RCW 47.28.070).
(Ord. 93 -042 Exh. H).
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3.08.120 Joint purchasing.
The county may enter into agreements with the state or with any agency, political subdivision, or
unit of local government to purchase goods or services cooperatively. Joint purchasing services
are hereby authorized and encouraged with any other municipal corporation in Whatcom County.
Assistance to the participating municipal corporation may be given in any way except that a sale
or contract shall be between the vendor and the participating municipal corporation and not
Whatcom County. Bids and quotes may be obtained jointly based on volume if it is in the
county's best interest to do so. (Ord. 93 -042 Exh. H).
3.08.130 Amendments to chapter. . a
The county council reserves the exclusive right to alter, amend, rescind, abrogate, delete,
supersede or replace the provisions of this chapter or any part thereof, in any manner not
inconsistent with state law. Whether or not the county council takes action, the provisions of this
chapter shall be deemed automatically altered, amended, or superseded to conform to any
mandatory state administrative ruling or statute, as of the effective date of any such enactment
appertaining to the matters covered in this chapter, to the effect that the provisions of this chapter
shall at all times conform to, and never conflict with, said state laws and regulations. (Ord. 93 -042
Exh. H).
3.08.140 Severability.
If any provision of this chapter is held to be invalid, the remainder of the chapter shall remain in
effect. (Ord. 93 -042 Exh. H).
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