HomeMy WebLinkAbout10-08-2012_Council Workshop
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF THE AGENDA
WORKSHOP ITEMS ~ NO FINAL ACTION WILL BE TAKEN
1. (5 min) Building 75B Roofing Project ATTACHMENT A
2. (10 min) Contract with Strategies 360 for State & Federal Lobbying
Services
ATTACHMENT B
3. (5 min) Short-Term Interfund Loan ATTACHMENT C
4. (30 min) Presentation on 2013 Budget
5. (15 min) Transportation Benefit District Follow Up ATTACHMENT D
6. (15 min) Utility Rate Study Follow Up ATTACHMENT E
7. (10 min) Small Works & Consultant Roster
a. Contract with MRSC to provide service
b. Resolution to establish a small public works roster process to
award public works contracts, and a consulting services
roster for architectural, engineering and other professional
service
c. Ordinance to update of AMC Sections 2.72.062 and 2.72.064
ATTACHMENT F
8. Miscellaneous Council Items
PUBLIC COMMENT
For members of the public to speak to the Council regarding matters on the Council Workshop agenda.
Please limit your remarks to three minutes.
EXECUTIVE SESSION
To review collective bargaining negotiations, grievances, or discussions regarding the interpretation or
application of a labor agreement [RCW 42.30.140(4)]
ADJOURNMENT
Arlington City Council Workshop
October 8, 2012 – 7 PM
City Council Chambers ~ 110 E. Third
SPECIAL ACCOMMODATIONS: The City of Arlington strives to provide accessible meetings for people with disabilities. Please contact the ADA
coordinator at (360) 403-3441 or 1-800-833-8388 (TDD only) prior to the meeting date if special accommodations are required.
To open all attachments, click here
City of Arlington
Council Agenda Bill
Item:
WS #1
Attachment
A
COUNCIL MEETING DATE:
October 8, 2012
SUBJECT:
Building 75B Roofing Project
ATTACHMENTS:
Location Map
DEPARTMENT OF ORIGIN
Airport
EXPENDITURES REQUESTED: $136,717.23
BUDGET CATEGORY: Capital Expenditures
LEGAL REVIEW:
DESCRIPTION:
The project involves removal and replacement of the existing roofing material,
insulation, flashing and gutters on building 75B (Pearson Millworks). The existing
metal roof on building 75B is being replaced with a new 26 gauge standing seam metal
roof. Additional work includes the removal and replacement of the existing metal
siding on the west end of the building above the shed roof. This area of siding is being
replaced due to excessive holes in the siding likely from the past installation of building
signage. The existing standing seam metal roof on the south side of the building will
not be replaced. It will be the responsibility of the contractor to tie in the new roof to the
existing standing seam metal roof to ensure no water intrusion occurs where the two
roofs join. Refer to the attached map for building location.
HISTORY:
At the September Airport Commission workshop staff discussed replacing the roof and
the consensus at the workshop was to move forward with obtaining bids. In the latter
part of September Airport Staff went out to bid to replace the roof on building 75B.
Prior to staff putting the project out to bid, Pearson Millworks, the current tenant,
indicated they wanted a new 5-year lease. In addition to having contractors provide a
bid for overall replacement of the roofing material and gutters, contractors were asked
to bid a per hour rate for the removal, disposal and replacement of any materials that
may be found while in the process of replacing the roofing, flashing and capping. Staff
contacted eleven companies off of the small works roster and one company provided a
bid. OK Roofing, Inc provided a bid of $130,206.89. OK Roofing’s bid amount indicated
above does not include the per hour cost for addressing damaged materials (OK
Roofing provided a per hour cost of $80.00) and therefore staff is requesting approval
up to $136,717.23 to provide for a 5% contingency.
OK Roofing has completed roofing projects on building 57A and the Point Church and
is currently replacing the roof on building 44. Ok Roofing does good work. Currently,
airport staff is estimating an ending fund balance in this year’s budget of $548,081 and
those funds will be used for this roofing project.
ALTERNATIVES
Discussion Only
RECOMMENDED MOTION:
Discussion Only
City of Arlington
Council Agenda Bill
Item:
WS #2
Attachment
B
COUNCIL MEETING DATE:
October 8, 2012
SUBJECT:
Authorization to Contract with Strategies 360 for Lobbying Services for 2013
ATTACHMENTS:
Draft Contract
DEPARTMENT OF ORIGIN
Executive
EXPENDITURES REQUESTED: $18,000
BUDGET CATEGORY: GF - Other General Government Services
LEGAL REVIEW:
DESCRIPTION:
The attached contract & scope of work describes the work to be done by Strategies 360 at the
state and federal level in order to address some of our immediate and long term transportation
improvement goals, as well as assist us in economic development and other areas. The contract
ensures that our best interests are represented in the decision-making processes of the
Washington State Legisature, the Washington State Department of Transportation, the United
States Congress, as well as other state and federal agencies.
HISTORY:
The City has been a client of Strategies 360 through the SR9 Coalition.
ALTERNATIVES
Do not authorize the contract.
RECOMMENDED MOTION:
No action at this time. Council will be asked to take formal action on the contract at the October
15, 2012 meeting.
Page 1 of 4
SERVICES AGREEMENT
This services agreement is entered into by and between Strategies 360, Inc. (“Consultant”) with
its principal offices at 1505 Westlake Ave N, Suite 1000, Seattle, Washington, 98109, and City
of Arlington, Washington (“Client”), with its principal address being 238 N. Olympic, Arlington,
WA 98223, hereinafter sometimes referred to collectively as the “Parties”.
RECITALS
A. Client wishes to contract with Consultant to provide services in the field of government
relations, lobbying and strategic communications, on the terms and conditions set forth
herein.
B. Consultant is willing and qualified to perform such services.
In consideration of the above Recitals and the mutual promises and agreements contained herein,
the Parties agree as follows:
1. Scope of Services. Consultant is retained and appointed to implement the services outlined
in the attached Appendix A, which are designed to accomplish the government relations,
lobbying and strategic communications objectives of the Client. Consultant shall use
Consultant’s best efforts to perform Services such that the results are satisfactory to Client.
2. Contract Administration; Communications. Consultant's employees will be responsible for
performing services under this Agreement. Client and Consultant shall identify and
maintain a mutually agreeable communication process to keep Client fully and currently
informed about activities of Consultant on behalf of Client. Consultant will work closely
with other consultants, team members, and related organizations and individuals as
designated by Client, and as necessary to accomplish the objectives of the Client.
3. Compensation. Consultant will perform the scope of services described in this Agreement
for a fee of $3,000 per month from November 1, 2012 through April 30, 2013.
Consultant’s fees for service do not include additional costs deemed necessary by Client
such as creating and printing materials, conducting public opinion research (e.g. polling),
and providing other strategic and/or support services as requested by the Client.
4. Expenses. In addition to compensation payable to Consultant pursuant to this Agreement,
Client will reimburse consultant for costs and disbursements including transportation and
Page 2 of 4
travel costs, food, lodging and automobile mileage at the applicable federal rate per
business mile, and for necessary entertainment. Consultant shall include an accounting of
costs and disbursements and the amount owed on the periodic statements rendered to
Client. Total charges to Client will not exceed $100 a month without advance approval
from Client.
5. Payment. Consultant shall send monthly statements to the Client on the first day of each
month of service for the fees jointly agreed by the Parties. Client shall pay Consultant’s
fees in full by the 15th day of each month of service.
6. Confidential Matters and Proprietary Information. The Consultant shall keep in strictest
confidence all information that may be acquired in connection with or as a result of the
Agreement. The Consultant shall not publish, communicate, divulge, disclose or use any of
such information, which has been designated by Client as proprietary or confidential or
which from the surrounding circumstances in good conscience ought to be treated by the
Consultant as proprietary or confidential, without the prior written consent of Client. Upon
termination or expiration of the Agreement, the Consultant shall deliver all records, data,
information, and other documents and all copies thereof to Client, which shall remain the
property of Client.
7. Conflict of Interest. The Consultant hereby warrants that there is no conflict of interest in
the Consultant’s other contracts or other employment with the activities to be performed
hereunder and shall advise if a conflict arises in the future.
8. Independent Contractor. In all matters relating to this Agreement, the Consultant shall be
acting as an independent contractor. The Consultant is not an employee of Client under the
meaning or application of any Federal or State Unemployment or Insurance Laws or
Workers’ Compensation Laws, and the Consultant shall assume all liabilities and
obligations imposed by any one or more of such laws. Consultant will work with the Client
to determine the time, the place and the manner in which it will accomplish its services
within an overall schedule date established by Client. The Consultant shall not have any
authority to assume or create any obligations, express or implied, on behalf of Client.
9. Entire Agreement. This Agreement constitutes the entire agreement between Client and the
Consultant in regard to the subject matter hereof and supersedes all prior or
contemporaneous communications, representations, or agreements, whether oral or written,
with respect thereto. No agreements hereafter made between the parties shall be binding on
either party unless reduced to writing and signed by authorized representatives of the
parties.
10. Terms of Service and Termination. This Agreement will commence on November 1, 2012.
Either Party may terminate this Agreement without cause by providing the other Party 30
days’ notice in writing. Upon termination, Consultant will render Client a bill and within
15 days after receipt of said bill, Client shall pay Consultant in full whatever sums may be
due for work performed.
11. Non-Solicitation of Consultant Employees. During the Term of this Agreement and for a
period of one (1) year after the termination of this Agreement, Client will not solicit,
Page 3 of 4
induce, recruit or encourage directly or indirectly (nor will Client direct, encourage or assist
anyone else to solicit, induce, recruit or encourage) any of the Consultant’s employees to
terminate their employment with Consultant or to work elsewhere.
12. Indemnification and Insurance. Client shall indemnify, defend, and hold harmless
Consultant and its directors, officers, and employees from any and all claims arising from
or in connection with the performance of services including but not limited to statutory
violations, Contractor's independent contractor status, or for injury or death of any and all
persons whatsoever and from any and all damage to property. Client and Consultant
warrant that they each carry workers' compensation, comprehensive liability, automobile,
and other insurance with reasonable coverage and in reasonable amounts sufficient to
insure against anticipated risks in connection with services under this Agreement.
By executing this Agreement each signatory affirms that they have read and understand its
terms, and that each has the full power and authority to enter this Agreement on behalf of the
entity for which they have signed.
Executed in the County of King, Washington:
For: STRATEGIES 360, INC.
1505 Westlake Ave N, Suite 1000
Seattle, Washington 98109
TEL: 206/282-1990 FAX: 206/282-2704
By: _________________________________ Date: ______________________
Eric Sorenson, President
For: City of Arlington, Washington
238 N. Olympic
Arlington, WA 98223
TEL: 360/403-3441 FAX: 360/403-4605
By: _________________________________ Date:
Barb Tolbert, Mayor
Page 4 of 4
Appendix A
Scope of Work
State Legislative Work – 2013 Session
1. Participate in the state budgetary process to advocate for retention of state shared
revenues for cities.
2. Seek funding for any relevant transportation projects, especially SR 531.
3. Work on legislation that promotes manufacturing/industrial centers.
4. Work on other legislation as directed by the City.
5. Keep Arlington abreast of key state policy issues that may affect the City.
6. Provide frequent written and oral communication with the City during this contract.
Federal Legislative Work
1. Seek funding opportunities and advocate for transportation, environmental restoration,
parks and trails, public safety and economic development projects with the City through
the federal appropriations or grant processes.
2. Keep Arlington abreast of key federal policy issues that may affect the city.
City of Arlington
Council Agenda Bill
Item:
WS #3
Attachment
C
COUNCIL MEETING DATE:
October 8, 2012
SUBJECT:
Short Term Interfund Loans
ATTACHMENTS:
Detail of Interfund Loans
DEPARTMENT OF ORIGIN
Finance Department, Jim Chase, Finance Director
EXPENDITURES REQUESTED: N/A
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
At the end of July, the Equipment Rental Maintenance & Operations Funds needed an
additional loan to prevent a negative month-end cash balance. At the end of August, the
Emergency Medical Services Fund also needed a loan to prevent a negative month-end cash
balance. In accordance with Ord. 2012-005, allowing the Finance Director to make such loans,
the attached document (Exhibit 1) includes the loans made in July and August.
HISTORY:
Previous to the Interfund Loan Program, various funds of the City were allowed to have
negative cash balance at the end of a month. With the Loan Program, funds which provide the
loans are paid interest by the borrowing funds.
ALTERNATIVES
Do nothing and allow funds to go into the red, thereby taking advantage of other funds by
“using” pooled funds and not paying interest. This could be in violation of RCW 43.09.210
which essentially states that no fund should unfairly benefit from another.
RECOMMENDED MOTION:
No action at this time. Council will be asked to approve the short term Interfund Loans made in
July and August at the next Council meeting.
2012 Interfund Loans Exhibit 1
Interest to be repaid at the Local Government Investment Pool monthly rate.
FROM:
Growth Fund Interest Payments Loan
TO:Date Loan Amount Charges Interest Principal Balance
General Fund 2/29/2012 92,700.00$ -$ -$ 92,700.00$
3/31/2012 32,284.00 10.56$ - - 124,994.56
4/30/2012 - 14.45$ 25.01 124,984.00 -
- - - -
124,984.00
Cause: Expect Property Tax Revenues in May to repay the loan
FROM:
Growth Fund Interest Payments Loan
TO:Date Loan Amount Charges Interest Principal Balance
Emergency Medical Services Fund 2/29/2012 65,500.00$ -$ -$ 65,500.00$
3/31/2012 124,084.00 7.46$ - - 189,591.46
4/30/2012 26,672.00 23.37$ - - 216,286.83
5/31/2012 - 25.83$ 56.66 216,256.00 -
- -$ -
8/31/2012 39,000.00 -$ 39,000.00
255,256.00
Cause: Expect Property Tax Revenues in May and November to repay the loan
FROM:
Equip Rental Replacement Fund Interest Payments Loan
TO:Date Loan Amount Charges Interest Principal Balance
Equipment Rental M & O Fund 2/29/2012 14,000.00$ -$ -$ 14,000.00$
3/31/2012 6,662.00 1.59$ - - 20,663.59
4/30/2012 13,626.00 2.55$ - - 34,292.14
5/31/2012 12,332.00 4.10$ - - 46,628.24
6/30/2012 22,286.00 6.78$ - - 68,921.02
7/30/2012 1,840.00 10.13$ - - 70,771.15
8/31/2012 - 10.90$ - - 70,782.05
70,746.00
Cause: Annual Insurance bill paid in January and large Fire Truck repair bill paid in Feb.
Maintenance & repairs on aging vehicles (primarily in Police, Fire and EMS) and gas prices continue to be an issue.
Local Gov. Investment Pool Rate
1/31/2012 0.1213%
2/29/2012 0.1394%
3/31/2012 0.1367%
4/30/2012 0.1479%
5/31/2012 0.1433%
6/30/2012 0.1746%
7/30/2012 0.1764%
8/31/2012 0.1848%
9/30/2012
City of Arlington
Council Agenda Bill
Item:
WS #5
Attachment
D
COUNCIL MEETING DATE:
October 08, 2012
SUBJECT:
Transportation Benefit District Discussion Follow Up
ATTACHMENTS:
- None – questions to be answered on previous presentation.
DEPARTMENT OF ORIGIN
Public Works – Jim Kelly
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
A discussion of the use of a Transportation Benefit District as a means to develop secure, long
term funding for Arlington’s transportation infrastructure system was presented at the October
1st Council Meeting, this is a follow-up discussion.
HISTORY:
A Transportation Benefit District (TBD) is a quasi-municipal corporation and independent
taxing district created for the sole purpose of acquiring, constructing, improving, providing,
and funding transportation improvements within the defined district. Cities may establish
TBDs to fund capital improvements and operation of city streets, public transportation, and
other transportation programs of significance including transportation demand
management.
The main reason many municipalities have formed TBDs is to keep pace with the rising costs
of maintaining transportation infrastructure. Funds generated by a TBD can be used for
maintenance and improvements to city streets, investments in high capacity transportation,
public transportation, transportation demand management and other transportation projects
identified in a regional transportation planning organization plan.
ALTERNATIVES
• N/A
RECOMMENDED MOTION:
No action at this time – discussion only.
City of Arlington
Council Agenda Bill
Item:
WS #6
Attachment
E
COUNCIL MEETING DATE:
October 8, 2012
SUBJECT:
Sewer Rate Study Follow Up
ATTACHMENTS:
-None – questions to be answered on previous presentation.
DEPARTMENT OF ORIGIN
Public Works – Jim Kelly
EXPENDITURES REQUESTED: None
BUDGET CATEGORY: N/A
LEGAL REVIEW:
DESCRIPTION:
City Council requested that Public Works review the current sewer rate structure to
determine if the rate structure could be changed from being less fixed rate basis to a
more usage rate basis. A presentation and rate study memo was previously provided
to the Council. This meeting is to answer questions.
HISTORY:
At the request of City Council, Public Works contracted with Katy Isaksen & Associates
(KIA) and initiated a Utility Rate Study to determine if residential sewer rates could be
modified to charge for service on a usage basis instead of the current fixed rate basis.
KIA, with input from City staff, completed a detailed analysis of the existing sewer rate
structure examining the equitable distribution of sewer utility operating costs and the
alternative of switching residential sewer charges to a usage based rate structure. A
rate study memorandum was presented to the Council at the Sep 10th Council
Workshop.
ALTERNATIVES
RECOMMENDED MOTION:
No action at this time – discussion only.
City of Arlington
Council Agenda Bill
Item:
WS #7
Attachment
F
COUNCIL MEETING DATE:
October 8, 2012
SUBJECT:
Authorization for the City to use MRSC’s Small Works & Consultant Roster Services
ATTACHMENTS:
• Contract with MRSC to provide Small Works & Consultant Roster Services
• Resolution to establish a small works and consultant services roster process with
MRSC
• Ordinance to update Arlington Municipal Code Sections 2.72.062 and 2.72.064
• Snohomish County Public Agencies using the MRSC Roster Services
DEPARTMENT OF ORIGIN
Public Works: Jim Kelly 360-403-3505 / Executive: Kristin Banfield 360-403-3444
EXPENDITURES REQUESTED: $240
BUDGET CATEGORY: Split between Utilities & Airport
LEGAL REVIEW:
DESCRIPTION:
MRSC Rosters is a roster service with two components: small public works rosters and
consultant rosters, which are hosted in a shared database for member Washington State
cities, counties, and special purpose districts. As part of the MRSC Rosters membership,
MRSC fulfills the State roster advertising requirements by posting the required roster
legal notice on behalf of subscribing Public Agencies. Businesses apply FREE at any
time and have the convenient option to join multiple public agency rosters in one
application, which is renewed annually. 279 Washington cities, counties, and special
districts across the state use MRSC Rosters to conveniently maintain their agency’s
individual rosters and gain access to a broader selection of businesses. Subscribing
Public Agencies follow the same contracting procedures they would if they maintained
rosters independently, but because businesses can more easily register, Agencies will
have a broader pool of businesses listed and therefore a greater chance of receiving
more preferable bids or proposals.
HISTORY:
The City has published and maintained its own small works and consultant rosters
since the initial RCW requirements were adopted.
ALTERNATIVES
Staff can continue to advertise for and maintain these rosters, but at a much higher cost
than MRSC can.
RECOMMENDED MOTION:
No action at this time. Council will be requested to take action at the next Council
meeting to authorize the City to use MRSC’s Small Works & Consultant Roster
Services.
MRSC Rosters SC Public Agency Contract Page 1 of 4
Washington Public Agency Contract
Small Works Roster and Consultant Roster
This contract (the “Contract”) is made by and between Municipal Research and Services Center of Washington
(“MRSC”), a Washington not-for-profit corporation, and ________________________________________________
(the “Public Agency”).
Public Agency Information
Public Agency ___________________________________________________
Mailing Address _______________________________________
_______________________________________
_______________________________________
County _______________________________________
Website _______________________________________
1. Purpose. The purpose of this Contract is to provide the Public Agency with membership in MRSC Rosters
which will host its individual Small Public Works Roster (“Small Works Roster”) and Consultant Roster
(“Consultant Roster”) in an online database (collectively, “MRSC Rosters”). MRSC is making membership in the
MRSC Rosters available to a number of local government agencies in Washington State to provide them with
more efficient and cost effective services.
2. Scope of Services. MRSC shall create and maintain the MRSC Rosters as allowed to the Public Agency and
other Public Agency members by RCW 39.04.155 and Chapter 39.80 RCW, respectively. MRSC shall advertise at
least biannually for the Small Works Roster and Consultant Roster in accordance with statutory requirements on
behalf of all Public Agency members. MRSC will receive and review small works and consultant business
(collectively, “business”) applications for compliance with basic statutory eligibility requirements, and will
maintain business applications.
3. Use of MRSC Rosters by Public Agency. As of the date of the first MRSC biannual legal notice in January or
June by occurring after the signing of the membership contract by both parties, t he Public Agency will use the
Small Works Roster and Consultant Roster hosted in MRSC Rosters as their official rosters.
(a) Small Works Roster. The Public Agency will use the Small Works Roster to select businesses for
public work projects up to $300,000 in value or as otherwise limited by statutes, ordinances, and laws
applicable to the Public Agency. The Public Agency shall be independently responsible for its own and
the selected business’ compliance with all additional or varying laws and regulations governing
purchases, including all selection laws, retainage and bonds, prevailing wages, and any o ther
appropriate requirements.
The Public Agency shall be independently responsible, consistent with applicable laws and its own
policies and practices, for the determination that the selected businesses are responsible bidders. The
Public Agency also shall be independently responsible to conduct a quotation or bid process consistent
with applicable statutes, ordinances, and the requirements of the Public Agency and to enter into a
contract directly with the business thus selected.
MRSC Rosters SC Public Agency Contract Page 2 of 4
(b) Consultant Roster. The Public Agency will use the Consultant Roster to select businesses for
consultant projects, and will do so in accord with all applicable laws and regulations . The Public
Agency shall be independently responsible for its own and the selected business’ compliance with all
additional or varying laws and regulations governing services, including all selection laws, and any
other requirements as appropriate.
The Public Agency shall be independently responsible , consistent with applicable laws and its own
policies and practices, for the determination that the selected businesses are responsible. The Public
Agency also shall be independently responsible to conduct a consultant selection process consistent
with applicable statutes, ordinances, and the requirements of the Public Agency and to enter into a
contract directly with the business thus selected.
(c) Access to MRSC Rosters. MRSC shall make the MRSC Rosters and associated applications and
qualifications for each available to the Public Agency by providing it with a user name and password for
access to MRSC’s online database MRSC Rosters.
4. Compensation of Businesses. The Public Agency shall be independently responsible for payments to any
business that is selected as a result of its use o f MRSC Rosters. The Public Agency shall make all such payments
directly to the businesses selected by the Public Agency.
5. Effective Date and Term. This Contract shall be effective for a period of one year as of the publication
date for the first MRSC biannual advertisement in January or June after the signing of the membership contract
by both parties. MRSC will notify the Public Agency of the publication dates of each biannual legal notice the
week prior to the publication dates. This Contract may be cancelled by either party as provided in Section 10.
6. Compensation of MRSC. The Public Agency will pay MRSC an annual membership fee in the amount of
$________ based on the Public Agency’s total capital expenditures for the most recent complete fiscal year for
the services under this Contract. Total capital expenditures for cities are the total of BARS code lines 594 and
595 and similar BARS codes for other public agencies. The amount will be paid in full prior to the publication by
MRSC of the first biannual legal notice after the signing of the Contract, which will be either in January or June
for the MRSC Rosters, and on the subsequent anniversary dates of the publication date.
Total Capital Expenditures*Annual Membership Fee
*Total capital expenditures in millions
7. Relationship of Parties. MRSC agrees that it will perform the services under this Contract as an
independent contractor and not as an agent, employee, or servant of the Public Agency. Nothing in this
Contract shall be construed to render the parties partners or joint venturers.
8. Limitation of MRSC Liability. MRSC shall not be, directly or impliedly, a party to any contract with small
works, consulting, or vendor businesses into which the Public Agency may enter as a result of the Public
Agency’s use of the MRSC Rosters. MRSC does not accept responsibility or liability for the performance of any
business used by the Public Agency as a result of its use of the MRSC Rosters.
MRSC Rosters SC Public Agency Contract Page 3 of 4
9. Hold Harmless and Indemnification. Each party shall defend, indemnify, and hold the other party harmless
from any and all claims, injuries, damages, losses, or suits, including attorney fees, arising from any negligent
act or omission that party’s officers, employees, volunteers, and agents in connection with the performance of
this Contract.
10. Termination. This Contract may be terminated, with or without cause, by written notice of either party to
the other. Termination shall be effective thirty (30) days after written notice. Termination of the contract by
the Public Agency does not entitle the Public Agency to a refund of the membership fee prorated as to the
time remaining in the contract term following termination.
11. Non-assignment. MRSC shall not subcontract or assign any of the rights, duties, or obligations imposed
upon it by this Contract without the prior express written consent of the Public Agency.
12. Governing Law and Venue. This Contract shall be governed by the laws of the State of Washington.
13. Authority. Each signatory to this Contract represents that he or she has full and sufficient authority to
execute this Contract on behalf of MRSC or the Public Agency, as the case may be, and that upon execution of
this Contract it shall constitute a binding obligati on of MRSC or the Public Agency, as the case may be.
14. Severability. Should any clause, phrase, sentence or paragraph of this Contract be declared invalid or void,
the remaining provisions of this Contract shall remain in full force and effect.
15. Complete Agreement. This Contract constitutes the entire understanding of the parties. Any written or
verbal agreements that are not set forth herein or incorporated herein by reference are expressly excluded.
16. Contacts. For purposes of Contract administration, the Public Agency designates the following contacts:
17. Signatures. By signing this Contract, the signatories below certify that they have the authority to enter
into this Contract, that they agree to payment of fees in accordance with the stated Public Agency Fee
Structure and that they agree that the Public Agency shall be bound by and adhere to the Terms and Conditions
stated.
MRSC PUBLIC AGENCY
[Signature] [Signature]
Executive Director
[Title] [Title]
[Date] [Date]
MRSC Rosters SC Public Agency Contract Page 4 of 4
Submit signed contract with annual membership fee to:
MRSC Rosters
Municipal Research and Services Center
2601 Fourth Avenue
Suite 800
Seattle, WA 98121-1280
1
MODEL SMALL PUBLIC WORKS, and
CONSULTANT RESOLUTION
Resolution No. ____
A RESOLUTION OF THE [governing body] OF [name of agency], WASHINGTON, ON THE
SUBJECTS OF ESTABLISHING A SMALL PUBLIC WORKS ROSTER PROCESS TO AWARD
PUBLIC WORKS CONTRACTS, AND A CONSULTING SERVICES ROSTER FOR
ARCHITECTURAL, ENGINEERING AND OTHER PROFESSIONAL SERVICES.
WHEREAS, RCW 39.04.155 and other laws regarding contracting for public works by municipalities,
allow certain contracts to be awarded by a small works roster process; and
WHEREAS, in order to be able to implement small works roster processes, the [type of agency] is
required by law to adopt a resolution establishing specific procedures;
WHEREAS, RCW 39.80.030 requires that an agency publish in advance that agency's requirement for
professional services and that one of the ways to accomplish that notification is to announce generally to
the public its projected requirements for any category or type of professional services and request
qualification statements to be kept on file with the agency; and
NOW, THEREFORE, THE [governing body] OF [name of agency], WASHINGTON, HEREBY
RESOLVES AS FOLLOWS:
Section 1. Resolution No. __________ is hereby repealed.
Section 2. MRSC Rosters. The [type of agency] has contracted [wishes to contract] with the
Municipal Research and Services Center of Washington (MRSC) to have their official rosters hosted in
the online database for [type of agency] use for small public works contracts and consulting services
developed and maintained by MRSC [and authorizes[type of agency] Staff to sign that contract].
Section 3. Small Public Works Roster
The following small works roster procedures are established for use by the [type of agency] pursuant to
RCW 39.04.155:
1. Cost. The [type of agency] 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 Thousand Dollars ($300,000.00), which
includes the costs of labor, material, equipment and sales and/or use taxes as applicable. Instead,
[governing body] = council, board, commission, etc.
[name of agency] = name of city, county, district, authority
[type of agency] = city, county, district, authority
[executive officer] = mayor, chairman, manager, etc.
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the [type of agency] may use the Small Public 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 let using the small works roster process.
2. Publication. At least once a year, on behalf of the [type of agency], MRSC shall 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
shall be added to appropriate MRSC Roster(s) at any time that they complete the online
application and meet minimum State requirements for roster listing.
3. Telephone, Written, or Electronic Quotations. The [type of agency] 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) and may
establish supplementary bidder criteria under RCW 39.04.350 (2)
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 [type of agency]
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 thousand dollars ($300,000), the [type of agency] 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 [type of agency] 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, the [type of agency] representative 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 the [type of agency] 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.
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4. Limited Public Works Process. If a work, construction, alteration, repair, or improvement
project is estimated to cost less than thirty-five thousand dollars($35,000), the [type of agency]
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 [type of agency] 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 [type of agency] 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 [type of agency] shall
have the right of recovery against the contractor for any payments made on the contractor's
behalf.
The [type of agency] 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.
5 Determining Lowest Responsible Bidder. The [[governing body] 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 [governing body] may call for new bids. A responsible bidder shall be a
registered and/or licensed contractor who meets the mandatory bidder responsibility criteria
established by Chapter 133, Laws of 2007 (SHB 2010) and who meets any supplementary bidder
responsibly criteria established by the [type of agency].
6. Award. All of the telephone bids or quotations shall be collected and presented at the same time
to the [governing body] for consideration, determination of the lowest responsible bidder, and
award of the contract.
OR [If the governing body delegates the authority to award bids of certain amount(s) to an officer of the
agency.]
6. Award. The [executive officer] or his designee shall present all telephone quotations/bids and
recommendation for award of the contract to the lowest responsible bidder to the [governing
body]. However, for public works projects under $___________, the [executive officer] shall
have the authority to award public works contracts without [governing body] approval, provided
that the [governing body] shall ratify the [executive officer]’s approval at the next scheduled
[governing body] meeting by means of the consent agenda. For public works projects over
$___________, the [governing body] shall award all public works contracts.
Section 4. Consulting Services Roster
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.
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2. Publication. At least once a year, on behalf of the [type of agency], MRSC shall publish in a
newspaper of general circulation within the jurisdiction a notice of the existence of the consulting
services roster or rosters and solicit statements of qualifications from firms providing consulting
services. Such advertisements will include information on how to find the address and telephone
number of a representative of the [type of agency] who can provide further details as to the [type
of agency]’s projected needs for consulting services. Firms or persons providing consulting
services may complete the online application at anytime and be listed if they meet the minimum
State requirements. .
3. Professional Architectural and Engineering Services. The MRSC Rosters will distinguish
between professional architectural and engineering services as defined in RCW 39.80.020 and
other consulting services and will announce generally to the public the [type of agency]’s
projected requirements for any category or type of professional or other consulting services. The
[type of agency] reserves the right to publish an announcement on each occasion when
professional services or other consulting services are required by the agency and to use paper
and/or other electronic rosters that may be kept on file by appropriate [type of agency]
departments.
PASSED this ___ day of ________, 20__ and signed in authentication of its passage this ___ day of
_________, 20__.
_____________________________
[executive officer]
ATTEST:
______________________________
CLERK
APPROVED AS TO FORM:
______________________________
[type of agency] ATTORNEY
ORDINANCE NO. ______ 1
ORDINANCE NO. 2012-XXX
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING THE ARLINGTON MUNICIPAL CODE
REGARDING THE SMALL WORKS ROSTER
WHEREAS, the City of Arlington, Washington has the authority to enact laws to
promote the health, safety and welfare of its citizens as a way of controlling the use and
development of property within its jurisdiction; and
WHEREAS, the state legislature has amended the provisions of state law to
improve the efficiency of the small works roster process for local governments; and
WHEREAS, the City Council believes it is in the best interests of its citizens to
modify the small works roster ordinance to make it consistent with state law;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as
follows:
Section 1. Arlington Municipal Code section 2.72.062(a) shall be amended to
read as follows:
(a) At least once every year, the city shall cause to be published in a newspaper of
general circulation a notice of the existence of the small works roster and
soliciting the names of contractors for such roster. The city shall add to the small
works roster those qualified contractors who respond to the published notice and
request to be included on the roster.
Section 2. Arlington Municipal Code section 2.72.064 is hereby amended to
read as follows:
2.72.064 - Use of small works roster.
The small works roster shall be utilized as follows:
(1) Whenever the city of Arlington seeks to construct any public work or
improvement, the estimated cost of which, including costs of material,
supplies and equipment, is two three hundred thousand dollars or less, the
small works roster may be utilized.
(2) When the small works roster is utilized, the city of Arlington shall invite
proposals from at least five qualified contractors on the small works roster;
provided, that five or more contractors are on the roster. Whenever the
cost of the work exceeds one hundred fifty thousand dollars but is less
than two three hundred thousand dollars, the city shall comply with the
requirements of RCW 39.04.155 as amended, to ensure opportunities for
ORDINANCE NO. ______ 2
all appropriate contractors on the small works roster.
(3) The invitation to submit proposals shall include an estimate of the scope
and nature of the work to be performed and the materials and equipment
to be furnished.
(4) When awarding a contract for work under the small works roster, the city
of Arlington shall award the contract to the contractor submitting the
lowest responsible bid; provided, however, that the city reserves its right
under applicable law to reject any or all bids and to waive procedural
irregularities.
(5) 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 on the small works roster have been afforded an
opportunity to submit a proposal.
(6) Immediately after an award is made, the bid quotations obtained shall be
recorded, open to public inspection, and available by telephone inquiry.
(7) A contract awarded from a small works roster under this section need not
be advertised.
Section 3. Severability. If any provision, section, or part of this ordinance
shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the
validity of the ordinance as a whole or any section, provision or part thereof not
adjudged invalid or unconstitutional.
Section 4. Effective Date. This ordinance shall be effective five days from its
adoption and publication as required by law.
PASSED BY the City Council and APPROVED by the Mayor this
day of _______________, 2012.
CITY OF ARLINGTON
Barbara Tolbert, Mayor
Attest:
Kristin Banfield, City Clerk
Approved as to form:
Steven J. Peiffle
City Attorney