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HomeMy WebLinkAboutItem VIII-B-1 AGENDA BILL APPROVAL FORM Aqenda Subject Resolution No. 3758 Department: I Attachments: Public Works Resolution No. 3758 and Agreement Administrative Recommendation: Date: October 12, 2004 Budget Impact: $0 City Council adopt Resolution No. 3758. Backqround Summary: Resolution No. 3758 authorizes the Mayor to execute a Cooperative Purchasing Agreement with the City of Lynnwood. The agreement would enable the City of Auburn to join the City of Lynnwood's Shared Small Works Roster. There is no cost to join Lynnwood's roster, which is currently shared by 40 member agencies. The City of Auburn currently maintains its own Small Works Roster. By joining the City of Lynnwood's shared roster, staff time to maintain and administer the Small Works Roster would be greatly reduced. There are currently 193 contractors on the City of Auburn's Small Works Roster. Out of those, 111 of them are also currently on the City of Lynnwood's roster, which has a total of 639 contractors. By joining Lynnwood's roster, the City would have access to many more contractors when soliciting quotes or bids for small works projects. As for categories of work, Auburn currently lists 68 types of work performed, while Lynnwood lists 161 types of work. And, if Auburn has the need for a type of work that is not listed on Lynwood's roster, we can request that it be added. The City of Lynnwood's information requirements in order for contractors to be included on their roster meets the information required by Auburn City Code 3.12.032 (B) in order for contractors to be included on our roster. Should Council adopt Resolution No. 3758, the City of Auburn would send a letter to all contractors on our current roster, informing them of our decision to join Lynnwood's shared Small Works Roster, along with an application form for Lynnwood's roster and a date that this will be effective. Joining Lynnwood's roster would benefit the contractors currently on our roster, because it would expose them not only to Auburn's small works projects, but also to those of Lynnwood and the other 40 member agencies. W1101-1 A3.16.9 Reviewed by Council & Committees: D Arts Commission COUNCIL COMMITTEES: D Airport 0 Finance o Hearing Examiner 0 Municipal Servo o Human Services 0 Planning & CD o Park Board [8JPublic Works o Planning Comm. 0 Other Reviewed by Departments & Divisions: o Building 0 M&O o Cemetery 0 Mayor o Finance 0 Parks o Fire 0 Planning o Human Resources 0 Police [8J Legal [g Public Works Action: Committee Approval: OYes ONo Council Approval: OYes ONo Call for Public Hearing _/_/- Referred to Until _/_/- Tabled Until _/_/- Councilmember: Wagner I Staff: Dowdy Meeting Date: November 1, 2004 I Item Number: VIII.B.1 RESOLUTION NO. 3 7 5 8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF L YNNWOOD FOR THE PURPOSE OF USING A SHARED SMALL WORKS ROSTER WHEREAS, the City of Auburn currently maintains a Small Works I~oster; and WHEREAS, the City of Lynnwood has a Small Works Roster théit they share with other governmental agencies at no cost to the member agEmcies; and WHEREAS, the information required from contractors by the City of Lynnwood in order for the contractors to be included on Lynnwood's roster meets the information required from contractors by Aubum City Code 3:12.032 (B) in order for contractors to be included on the City's roster; and WHEREAS, a majority of the contractors currently on the City of )\ubum Small Works Roster are also on the City of Lynnwoods Small Works Hoster; and WHEREAS, it is in the best interest of the City of Auburn to abandon its current Small Works Roster and to join the City of Lynnwood's shared Small Works Roster. Resolution No. 3758 October 15, 2004 Page 1 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN , WASHINGTON, HEREBY RESOLVES as follows: Section 1. The Mayor is hereby authorized to execute a Cooperative Purchasing Agreement with the City of Lynnwood in substantial conformity with the agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference, for the purpose of utilizing the City of Lynnwood's Small Works Roster. Section 2. That the Mayor is authorized to implement such other administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this day of ,2004. CITY OF AUBURN PETER B. LEWIS MAYOR Resolution No. 3758 October 15, 2004 Page 2 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: Resolution No. 3758 October 15, 2004 Page 3 1- Exhibit 'A' COOPERATIVE PURCHASING AGREEMENT This agreement is made and entered into this _day of _,2004, between the City of Lynnwood ("City") and the City of Auburn ('Joining agency"). Pursuant to RCW 39.34, the Interlocal Cooperation Act, the parties agree to a cooperative purchasing agreement: (I) various supplies, materials, equipment and services, using the City's competitively awarded contracts (2) using a Shared Small Works Roster for a list of eligible public work contractors; and (3) choice to participate in the Shared Architects and Engineering Roster. Each of these three are available at the choice and option of the participating agency. Such use is not mandatory and no implication of mandatory use is intended through signature of this agreement, but instead this agreement is to allow participating agencies the ability to share such services upon occasion and at such time as benefits the participating agencies. The parties agree to the following: Supplies. materials. eauipment and services I. Each agency, in contracting for the purchase of supplies, materials, equipment and servÍi::es, agrees at its discretion, to extend contracts for shared use to the extent permitted by law. and agreed upon by these parties and the vendor(s). 2. Each agency is independently responsible for compliance with any additional or varying laws and regulations governing purchases. 3. Any purchases shall be effected by a purchase order from the purchasing agency and di~ected to the vendor(s). 4. The originating contracting agency does not accept responsibility or liability for the performance of any vendor used by the purchasing agency as a result of this Agreement. 5. Each agency shall be independently responsible for payment of any item(s) purchased through a contract or purchase order that resulted from this Agreement. Shared Small Works Roster 6. The City of Lynn wood is the lead agency. 7. The joining agency shall express an intent to the City of Lynnwood, to utilize the Shared Shall Works Roster. Such expressed intent does not impose a mandatory or continuous use of the Roster, but simply establishes the eligibility to use the Roster upon the convenience and interest of the joining agency. This interest may be expressed to Lynnwood at any time. 8. The joinIng agency may use the Shared Small Works Roster that has been established and maintained by the City of Lynnwood, to select contractors for public work jobs up to $200,000 in value or as otherwise limited by ordinance or law. The Shared Small Works Roster has been established for shared use by the City of Lynn wood and other public agencies. -.------------------- Exhibit "A'· Resolution No. 3758 Page I of4 9. The City of Lynnwood and the joining agency named herein shall each be independently responsible for their own and the contractor's compliance with all additional or varying laws and re@)Jlations governing purchases, including all selection laws, retainage and bonds, prevailing wages, and any other requirements appropriate. 10. The City of Lynnwood shall advertise the Roster annually on behalf of both parties, shall receive and review contractor applications, maintain the list of contractors, and make that list and the, applications available to the joining agency. The joining agency shall be independently responsible to determine that the selected contractors are responsible contractors according to the dedsion and opinion or the joining agency. The City of Lynn wood shall make an initial determination of responsibility, but this initial decision shall be for the convenience of the joining agency only and shall not constitute a decision of responsibility that the City of Lynnwood may be held liable for. It is instead the responsibility of the joining agency to determine responsibility in whatever manner that the joining agency feels is appropriate and consistent with applicable laws. 11. The City of Lynnwood and the joining agency shall each be independently responsible to conduct a quotation or bid process consistent with any ordinance, laws or requirements of their agency. 12. The City of Lynnwood and the joining agency shall each be independently responsible for issuing a contract and/or purchase order directly to the awarded contractor(s). 13. The City of Lynnwood does not accept responsibility or liability for the performance ofany contractor used by the joining agency as a result of this Agreement. 14. Each agency shall be independently responsible for any payments directly to any contractor that is employed as a result of this Agreement. 15. The joining agency hereby agrees to indemnify and hold harmless the City of Lynnwood" its officers, employees and agents from any and all claims, actions, costs, damages and expenses of any nature arising out of or in conjunction with any act authorized by this agreement. Shared Architects & Enl!ineers Roster 16. The City of Lynnwood is the lead agency. 17. The joining agency shall express intent in using the Shared A&E Roster. Such intent doc::s not impose a mandatory or continuous use of the Roster, but simply establishes the eligibility to use the Roster upon the convenience and interest of the joining agency. This interest may be expressed to Lynnwood at any time. 18. The joining agency may use the Shared Architects & Engineers Roster that has been established and maintained by the City of Lynnwood, to select Architectural and Engineering firms for interviews and contracts as allowed and in accordance by their local municipal code(s). The Shared Architects and Engineers Roster has been established for shared use by the City of Lynnwood and other public agencies. ---------------------- Exhibit "A" Resolution No. 3758 Page 2 of 4 19. The City of Lynnwood and the joining agency named herein shall each be independently responsible for their own and the firm's compliance with all additional or varying laws and regulations governing services, including all selection laws and any other requirements as appropriate. 20. The City of Lynnwood shall advertise the Roster annually on behalf of both parties, shall receive and review firm's applications, maintain the list of Architects and Engineers, and make that list, the applications, and the qualifications available to the joining agency. The joining agency shall be independently responsible to determine that the selected firms are responsible according to the decision and opinion or the joining agency. The City of Lynnwood shall make an initiall determination of responsibility, but this initial decision shall be for the convenience of the joining agency only and shall not constitute a decision of responsibility that the City of Lynn wood may be held liable for. It is instead the responsibility of the joining agency to determine responsibility in whatever manner that the joining agency feels is appropriate and consistent with applicaLble laws. 2 I. The City of Lynnwood and the joining agency shall each be independently responsible to conduct a selection process consistent with any ordinance, laws or requirements of their agency. 22. The City of Lynnwood and the joining agency shall each be independently responsible for issuing a contract and/or purchase order directly to the awarded Architectural or Engineering firm. 23. The City of Lynnwood does not accept responsibility or liability for the performance of any Architect or Engineering firm used by the joining agency as a result of this Agreement. 24. Each agency shall be independently responsible for any payments directly to firm that is employed as a result of this Agreement. 25. The joining agency hereby agrees to indemnifY and hold harmless the City of Lynnwoocl, its officers, employees and agents from any and all claims, actions, costs, damages and expenses of any nature arising out of or in conjunction with any act authorized by this agreement. This Agreement shall remain in force until terminated upon written notice by either pllrty. Accepted for the City of Auburn Accepted for the City of Lynnwoocl: Peter B. Lewis, Mayor Mike McKinnon, Mayor Date Date ~---_._---------------- Exhibit "A" Resolution No. 3758 Page 3 of4 ATTEST: Danielle E. Daskam, City Clerk ._---------------.---- Exhibit "A" Resolution No. 3758 Page 4 of 4