HomeMy WebLinkAbout2021-036 - Res. Replacing Res. 56-17 Mason County Small Public Works Consultant Vendor Roster RESOLUTION NO._UJ�-o3�p
REPLACING RESOLUTION NO. 56-17
FOR MASON COUNTY
SMALL PUBLIC WORKS, CONSULTANT AND
VENDOR ROSTERS
A RESOLUTION OF THE COMMISSIONERS OF MASON COUNTY WASHINGTON,ON THE
SUBJECTS OF ESTABLISHING A SMALL PUBLIC WORKS ROSTER PROCESS TO AWARD
PUBLIC WORKS CONTRACTS,A CONSULTING SERVICES ROSTER FOR ARCHI TECTIURAL,
ENGINEERING,AND OTHER PROFESSIONAL SERVICES AND A VENDOR ROSTER FOR
GOODS AND SERVICES NOT RELATED TO PUBLIC WORKS CONTRACTS.
WHEREAS,RCW 39.04.155,was recently amended and other laws regarding contracting for public
works by municipalities,allow certain contracts to be awarded by a small work and other laws regarding
contracting for public works by municipalities,allow certain contracts to be awarded by a small works
roster process;and
WHEREAS,Ch. 39.80 RCW and other laws regarding contracting for consulting services by
municipalities allow certain contracts to be awarded by a consultant roster process; and
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 roster process;
NOW,THEREFORE,THE BOARD OF COMMISSIONERS OF MASON COUNTY,WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. Resolution No. 56-17 hereby replaced, amending Chapter 3.48 of the Mason County
Code.
Section 2. MRSC Rosters. The County has contracted with the Municipal Research and Services
Center of Washington(MRSC)to have their official rosters hosted in the online database
for County use for small public works contracts,consulting services,and vendor services
developed and maintained by MRSC through MRSC Rosters and the Public Works
Director is authorized to sign the contract.
Section 3. Small Public Works Roster.The following small works roster procedures are
established for use by the County pursuant to RCW 39.04.155:
1. Cost.The County need not comply with formal sealed bidding procedures for the construction,
building,renovation,remodeling,alteration,repair,or improvement of real property where the
estimated cost does not exceed Three Hundred and Fifty Thousand Dollars($350,000),which
includes the costs of labor,material,equipment, sales,or use taxes as applicable.Instead,the
County may use the Small Public Works Roster procedures for public works projects as set forth
in this resolution.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 let using the small works roster process.
Page 1 of 6
Small Works,Consultant and Vendor Roster Resolution
2. Publication. At least once a year,MRSC shall,on behalf of the County publish in a newspaper
of general circulation within the municipality's jurisdiction a notice of the existence of the small
works roster and solicit the names of contractors for the small works roster.MRSC shall add
responsible contractors to the small works roster at any time that a contractor completes the
online application provided by MRSC,and meets minimum State requirements for roster listing.
3. Telephone,Written,or Electronic Quotations.The County shall obtain telephone,written,or
electronic quotations for public works contracts from contractors on the appropriate small works
roster to assure that a competitive price is established and to award contracts to a contractor who
meets the mandatory bidder responsibility criteria in RCW 39.04.350(1).The County may
establish supplementary bidder criteria under RCW 39.04.350(2)to be considered in the process
of awarding a contract.
a) A contract awarded from a small works roster will not be advertised. 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.However,detailed plans and
specifications need not be included in the invitation.
b) Quotations may be invited from 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 works roster who have indicated the capability of performing the
kind of work being contracted,in a manner that will equitably distribute the opportunity
among the contractors on the appropriate roster. "Equitably distribute"means that the
County may not favor certain contractors on the appropriate small works roster over other
contractors on the appropriate small works roster who perform similar services.
If the estimated cost of the work is from one hundred and fifty thousand dollars
($150,000)to three hundred fifty thousand dollars($350,000),the County may choose to
solicit bids from less than all the appropriate contractors on the appropriate small works
roster but must notify the remaining contractors on the appropriate small works roster
that quotations on the work are being sought. The 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 email.
c) At the time bids are solicited,County staff shall not inform a contractor of the terms or
amount of any other contractor's bid for the same project;
d) A written record shall be made by County staff 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 and/or electronic request.
Page 2 of 6
Small Works,Consultant and Vendor Roster Resolution
4. Limited Public Works Process. The County may award a contract for work,construction,
alteration,repair,or improvement project is estimated to cost less than fifty thousand dollars
($50,000),the County may award such a contract using the limited public works process provided
under RCW 39.04.155 (3).For a limited public works project,the County will solicit electronic
or written quotations from a minimum of three contractors from the appropriate small works
roster and shall award the contract to the lowest responsible bidder as defined under RCW
39.04.010.After an award is made,the quotations shall be open to public inspection and available
by electronic request.
For limited public works projects,the County may waive the payment and performance bond
requirements of chapter 39.08 RCW and the retainage requirements of chapter 60.28 RCW,
thereby assuming the liability for the contractor's nonpayment of laborers,mechanics,
subcontractors,material men, suppliers,and taxes imposed under Title 82 RCW that may be due
from the contractor for the limited public works project. However,the County shall have the
right of recovery against the contractor for any payments made on the contractor's behalf.
The County shall maintain a list of the contractors contacted and the contracts awarded during the
previous 24 months under the limited public works process,including the name of the contractor,
the contractor's registration number,the amount of the contract,a brief description of the type of
work performed,and the date the contract was awarded.County staff using this process shall
submit the required information to the IS Department to add to the award list that is kept on the
Mason County webpage.
5. Determining Lowest Responsible Bidder.The Board or authorized designee shall award the
contract for the public works project 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 may call for new bids.A responsible bidder shall be a registered or
licensed contractor who meets the mandatory bidder responsibility criteria established by RCW
39.04.350 and who meets any supplementary bidder responsibility criteria established by the
County.The mandatory bidder responsibility criteria of RCW 39.04.350 now includes a
requirement for the County to verify a bidder has received training on prevailing wage and public
works requirements or that the bidder is exempt from this training because they have completed
three or more public works projects and have had a valid Washington business license for three or
more years.This verification is required prior to awarding a contract for prevailing wage public
works projects.
In addition,as required by RCW 39.06.020,a public works contractor must verify responsibility
criteria for each first-tier subcontractor and a subcontractor of any tier that hires other
subcontractors must verify responsibility for each of its subcontractors.Verification shall include
that each subcontractor,at the time of subcontract executions,meets the responsibility criteria
listed in RCW 39.04.350 and,if appropriate,possesses licenses required by Chapter 19.28 RCW
or 70.87 RCW.This verification requirement,as well as the responsibility requirement,must be
included in every public works contract and subcontract of every tier.
6. Award. All of the bids or quotations shall be collected by County staff.
Page 3 of 6
Small Works,Consultant and Vendor Roster Resolution
a) County staff shall then present all bids or quotations and their recommendation for award
of the contract to the Board.The Board shall consider all bids or quotations received,
determine the lowest responsible bidder,and award the contract; or
b) The Board may delegate authority to a County department to request informal or
formal bids and to award public works contracts to the lowest bidder for projects costing
more than the authorized County department purchasing thresholds.
Section 4. Consulting Services Roster.The following consulting services roster procedures are
established for use by the County pursuant to RCW 39.80.030:
1. Consulting Services.Consulting services are professional services that have a primarily
intellectual output or product and include architectural and engineering services as defined in
RCW 39.80.020.
2. Publication. At least once a year,MRSC shall,on behalf of the County publish in a newspaper
of general circulation within the municipality's jurisdiction a notice of the existence of the
consulting services roster and solicit the names of consultants for the consulting services roster.
MRSC shall add responsible consultants to the consulting services roster at any time that a
consultant completes the online application provided by MRSC,upload a Statement of
Qualifications,and meets minimum State requirements for roster listing.
3. Review and Selection of the Statement of Qualifications Proposals.The County shall use the
following process to select the most highly qualified Architectural or Engineering firm off of the
Consulting Services Roster to provide the required services:
a) County staff shall have an established criterion that must be consider in evaluating
Architectural or Engineering firms for a given project. Such criteria shall include a plan
to ensure that minority and women-owned firms and veteran-owned firms are afforded
the maximum practicable opportunity to compete for and obtain public contracts for
architectural or engineering services.The level of participation by minority and women-
owned firms and veteran-owned firms shall be consistent with their general availability
within the jurisdiction of the county.
b) County staff shall evaluate the written statements of qualifications and performance data
on file with the county at the time that architectural or engineering services are required;
c) Such evaluations shall be based on the criteria established by County staff.
d) County staff shall conduct discussions with one or more firms regarding anticipated
concepts and the relative utility of alternative methods of approach for furnishing the
required services.
e) The firm deemed most highly qualified by the agency to do the project will be selected.
Page 4 of 6
Small Works,Consultant and Vendor Roster Resolution
4. Award.
a) The Board considers the proposal received and awards the contract; or
b) The Board may delegate authority to a County department to award projects for
consulting services for projects costing more than the authorized County department
purchasing thresholds.
Section 5. Vendor List Roster.The following vendor list roster procedures are established for use
by the county pursuant to RCW 39.04.190:
1. Purchase of materials,supplies or equipment not connected to a public works project in an
amount of$10,000 or less. The County is not required to use formal sealed bidding procedures
to purchase materials,supplies or equipment,not connected to a public works project where the
cost will not exceed$10,000.The County will attempt to obtain the lowest practical price for
such goods and services.
2. Purchase of materials,supplies or equipment not connected to a public works project in an
amount between$10,000 and$50,000.The County may use the following vendor list
procedure. Purchases more than$50,000 require Formal Competitive Bidding.
a)Publication.At least twice per year,MRSC shall,on behalf of the County publish in a
newspaper of general circulation within the municipality's jurisdiction a notice of the
existence of the vendor list roster and solicit the names of vendors for the vendor list roster.
MRSC shall add responsible vendors to the vendor list roster at any time when a vendor
completes the online application provided by MRSC,and meets minimum State
requirements for roster listing.
b)Telephone,Written,or Electronic Quotations. The County shall use the following
process to obtain telephone,written or electronic quotations from vendors for the purchase
of materials, supplies,or equipment not connected to a public works project:
(i) 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;
(ii) County staff,shall make a good faith effort to contact at least three(3)of the vendors
on the roster to obtain telephone or written quotations from the vendors for the required
materials, supplies,or equipment;
(iii) County staff,shall not share telephone,written or electronic quotations received
from one vendor with other vendors soliciting for the bid to provide the materials,
supplies,or equipment;
(iv) A written record shall be made by County of each vendor's bid on the material,
supplies,or equipment,and of any conditions imposed on the bid by such vendor;
Page 5 of 6
Small Works,Consultant and Vendor Roster Resolution
3. Determining the Lowest Responsible Bidder. The County shall purchase the materials,
supplies, or equipment from the lowest responsible bidder,provided that whenever there is reason
to believe that the lowest acceptable bid is not the best price obtainable,all bids maybe rejected
and the County may call for new bids.
4. Award. All of the bids or quotations shall be collected by the County. County shall create a
written record of all bids or quotations received,which shall be made open to public inspection or
telephone inquiry after the award of the contract.Any contract awarded under this subsection
need not be advertised.
a) County staff shall then present all bids or quotations and their recommendation for award
of the contract to the Board.The Board shall consider all bids or quotations received,
determine the lowest responsible bidder,and award the contract; or
b) The Board may delegate authority to a County department to award bids for materials,
supplies or equipment costing more than the authorized County department purchasing
thresholds.
5. Posting.A list of all contracts awarded under this procedure shall be posted on the County
webpage.The list shall contain the department/location of bid documents,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. County staff using the vendor roster,shall submit the required
information to the IS Department to add to the award list that is kept on the Mason County
webpage.
EFFECTIVE this
lay of June, 2021
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY,WASHINGTON
ATTEST:
ffi��
McKenzie Sibith, RANI)Yt4EATHERLIN, Chair
Clerk of the Board
APPROVED AS TO FORM: VIN S ,Vice Chair
Ch.DPA SHARON TKASK, Commissioner
Page 6 of 6
Small Works,Consultant and Vendor Roster Resolution