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HomeMy WebLinkAboutR-2293 - Establishing procedures relating to purchasing and public works contracting; establishing a vendor list process for the purchasing of supplies, materiCITY OF MARYSVILLE Marysville,Washington RESOLUTION NO.~2-q~• A RESOLUTION OF THE CITY OF MARYSVILLE WASHINGTON,ESTABLISHING PROCEDURES RELATING TO PURCHASING AND PUBLIC WORKS CONTRACTING; ESTABLISHING A VENDOR LIST PROCESS FOR THE PURCHASING OF SUPPLIES, MATERIALS,AND EQUIPMENT AND A SMALL WORKS ROSTER PROCESS TO AWARD PUBLIC WORKS CONTRACTS AND REPEALING RESOLUTION NO. 2126 WHEREAS,RCW 39.04.190,regarding purchase of materials,supplies or equipment not connected to a public works project,allows certain purchasing contracts to be awarded by a vendor list process; and WHEREAS,the Washington State Legislature in Chapter 138, Laws of2000 and in Chapter 284, Laws of200l,amended RCW 39.04.155 and other laws regarding contracting for public works by municipalities,allowing certain contracts to be awarded by a small works roster process; and Whereas, in 2009 the Washington State Legislature amended RCW 39.04.155(1)to authorize the City to utilize the small works process for public works projects with an estimated value of $300,000 or less; and WHEREAS,in order to be able to implement vendor list and small works roster processes,the City is required by law to adopt a resolution establishing specific procedures; NOW,THEREFORE,THE CITY OF MARYSVILLE WASHINGTON,HEREBY RESOLVES AS FOLLOWS: Section 1 - Informal Bidding. A.Whenever the reasonably anticipated purchase price of supplies, material and equipment,except for public work or improvement,is more than $2,500 but less than $34,999,advertisement and formal sealed bidding for their purchase may be dispensed with if the uniform procedure provided in RCW 39.04.190 and in this resolution is followed. B. At least once per year, the City Clerk shall publish in a newspaper of general circulation within the City a notice stating the existence of vendor lists and soliciting the names of vendors for the lists. C. Each City department which desires to award contracts for the purchase of supplies, material or equipment pursuant to this resolution shall do the following: (I)Obtain at least three written or telephone quotations from different vendors of the supplies, material or equipment to be purchased. (2)Transmit the quotes to the Mayor or designee,accompanied by a recommendation for award of the purchase contract to one of the vendors, who shall be the lowest responsible bidder as defined in RCW 43.19.1911 and in subsection D of this resolution. (3)Ifless than three quotes are obtainable due to factors beyond the control of the department,the recommendation to the Mayor or designee shall be accompanied by an explanation of the reasons for the lower number of quotes. D. The Mayor or designee shall review the quotations and the recommendation of the department and shall award the contract for purchase of supplies,material or equipment to the lowest responsible bidder,taking into consideration the quality of the articles proposed to be supplied, their conformity with the specifications,the purposes for which required, and the times of delivery.Whenever there is reason to believe that the lowest acceptable bid is not the best price obtainable,all bids may be rejected and new bids may be obtained or direct negotiations may be entered into to achieve the best possible price. (1)In determining "lowest responsible bidder",in addition to price, the following elements shall be given consideration: a. the ability, capacity, and skill of the bidder to perform the contract; 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; e. the previous and existing compliance by the bidder with laws relating to the contract; f.such other information as may be secured having a bearing on the decision to award the contract; (2)In determining "lowest responsible bidder",in addition to price and the elements set forth in subsection D(I), the following elements may be given consideration: a. tax revenue that the City would receive from purchasing the supplies, materials, or equipment from a supplier located within the City's boundaries,so that the purchase contract would be awarded to the lowest bidder after such tax revenue has been considered.The tax revenues that the City may consider include sales taxes that the City imposes upon the sale of such supplies,materials,or equipment,from the supplier to the City,provided that if the City considers such tax revenues that it would receive from the imposition of taxes upon a supplier located within its boundaries,the City shall also consider tax revenues it would receive from taxes it imposes upon a supplier located outside its boundaries; b.whether the products are made from recycled materials or may be recycled or reused. E.Immediately after the award is made, the bid quotations obtained shall be recorded, open to public inspection,and available by telephone inquiry. Section 2 -Small Works Roster. A.In lieu of the formal bidding procedures for public works projects as set forth in RCW 35.23.352(1),the City may use the small works roster process provided in RCW 39.04.155 and in this resolution to award public works contracts with an estimated value of $300,000 or less. B. The City may create a single general small works roster or may create small works rosters for different categories of anticipated work. The small works roster or rosters shall be created as follows: (I)At least twice a year the City Clerk shall publish in a newspaper of general circulation within the City a notice stating the existence of the roster or rosters and soliciting the names of contractors for such roster or rosters. (2)The small works roster or rosters shall consist of all.responsiblc contractors who have requested to be on the list and are properly licensed or registered to perform such work in this state. C.Each City department that desires to use the small works roster process without advertising for bids shall do the following: (I)obtain written or telephone quotations from contractors on the general small works roster,or a specific small works roster for the appropriate category of work, to assure that a competitive price is established and to award contracts to the lowest responsible bidder as defined in RCW 43.19.1911 and subsection 1 D of this resolution. (2)Whenever possible,at least five contractors shall be invited to submit bids. Also, whenever possible,the City shall invite at least one proposal from a minority or woman contractor who shall otherwise qualify under RCW 35.23.352. (3) Such 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. (4) Once a contractor has been afforded an opportunity to submit a proposal,that contractor shall not be offered another opportunity until all other appropriate contractors Ion the small works roster have been afforded an opportunity to submit a proposal on a contract. (5)Immediately after an award is made, the bid quotations obtained shall be recorded, open to public inspection,and available by telephone inquiry. Section 3 -Posting of Purchase or Small Works Roster Awards. A.Each department that makes an award for a purchase under the informal bidding process in Section I of this resolution or a public works project award under the small works roster process in Section 2 of this resolution shall provide the City Clerk with the name of the contractor or vendor awarded the contract,the amount of the contract,a brief description of the type of work performed or items purchased under the contract,and the date it was awarded. B.The City Clerk shall post a list of the contracts awarded under this resolution at least once every two months.The list shall contain the name of the contractor or vendor awarded the contract,the amount of the contract,a brief description of the type of work performed or items purchased under the contract,and the date it was awarded.The list shall also state a location where the bid quotations for these contracts are available for public inspection. Section 4-Repealer.Resolution 2126 is repealed for the reason that it is replaced by this resolution. CITY OF MARYSVILLE ATTEST: ~~~~-CIClerk ~ APPROVED AS TO FORM: City Attorney