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HomeMy WebLinkAboutCOW 2008-02-11 Item 4D - Resolution - Municipal Research and Services Center (MRSC) for Small Works and Consulting Services Rosters COUNCIL AGENDA S I'vOPSIS 4 Si In ?tia/s IJEMNo. l X •k Q c s 1 Meeting Date Prepared by I Mayors review I Council review I 02/11/08 1 BG }La.,- 1 02/19/08 1 BG 1 rs oa I I ITEM INFORMATION CAS NUMBER: 08-020 I ORIGINAL AGENDA DATE: FEBRUARY 11, 2008 AGENDA ITEM TITLE Resolution establishing MSRC to provide the use of a statewide electronic database for the small works roster and consulting services. CATEGORY Discursion Motion Resolution Ordinance n Bid Award Public Hearing Other Mtg Date 02/11/08 Mtg Date Mtg Date 02/19/08 _Mtg Date Mtg Date Mtg Date Mtg Date: SPONSOR Council Mayor Adra Svcs DCD Finance Fire Legal P&R Police PIV SPONSOR'S This Resolution will contract with Municipal Research Service Center (MRSC) to allow a SUMMARY statewide electronic database for the small works roster and consulting services. We currently advertise annually for contractors to join our rosters with significant staff time. With sharing the rosters statewide, we will have a larger pool of contractors and consultants for our projects. The statewide roster should also increase efficiency, reduce costs and produce better bid results. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 01/29/08 2/04/08 RECOMMENDATIONS: SPONSOR /ADMIN. Approve resolution. CoMMrI LEE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $400.00 $0.00 Fund Source: 000.13 Public Works Comments: MTG. DATE I RECORD OF COUNCIL ACTION 02/11/08 02/19/08 MTG. DATE I ATTACHMENTS 02/11/08 1 Information Memo dated January 22, 2008 MRSC Rosters Contract Resolution 1 Utilities Committee Meeting Minutes from February 4, 2008 (same as 1/29/08 TC) 02/19/08 1 1 INFORMATION MEMORANDUM To: Mayor Haggerton From: Public Works Director Date: January 22, 2008 U Subject: Municipal Research Service Center Rosters ISSUE Discuss Municipal Research Service Center (MRSC) Rosters. BACKGROUND The City of Tukwila has followed state law in the past by advertising annually for construction contractors to join our Small Works Roster (RCW 39.04.155) and our Consultant Roster (RCW 39.80.030). The City of Lynnwood initiated and developed a shared Small Works Roster in 1997 and a shared Consultant Roster in 2004 as a means to facilitate contracts via Requests for Quotation and Invitations to Bid. The rosters allowed local businesses the opportunity to participate in City business after qualifying via Lynnwood's application process. These rosters were designed as shared rosters and other cities and agencies were invited to participate. Over 100 agencies participated in the City of Lynnwood shared rosters and the contractor base grew to over 1,100 contractors. The City of Lynnwood was approached by three entities wishing to take ownership of the rosters: Municipal Research Services Center (MRSC); Purchasing Technical Assistance Center (P -TAC) via Snohomish Economic Development Council; and ecitygov.net via the City of Bellevue. Lynnwood City Council approved the move to MRSC in June 2007. MRSC has taken over the existing data from Lynnwood and developed the new shared roster site called MRSC Rosters at www.mrscrosters.com. The website includes information on using the site, registration for agencies, contractors and consultants. In order for agencies to join the shared rosters, they require that their model resolution be adopted, a contract be signed, and an annual fee of $400 be paid (based on Tukwila's annual total capital expenses in the range of $20 million). ANALYSIS Advantages to agencies of shared rosters include: Efficiency in government Reduced individual agency staffmg needs Sharing costs with other agencies Access to a much larger pool of contractors and consultants Ease of electronic search and notification More and lower bids from qualified contractors Advantages to contractors and consultants of shared rosters include: Noticeable efficiency in government Access to a much larger pool of City agencies One roster application to many agencies means Iess burden and lower costs for consultants and contractors MRSC Rosters January 22, 2008 Page 2 Because of the advantages of shared rosters' enhanced service to agencies, contractors and consultants, and the fact that MRSC, despite its not for profit status, must cover its development and operations costs, MRSC will charge fees for the shared rosters. Fees for agencies, consultants, and contractors are shown on their respective sign -in Web pages. Contractors and consultants can electronically register free of charge for individual agency rosters, one agency and one service category at a time. Contractors and consultants who opt for the fee -based shared rosters will be able to select all agencies in a given set of geographical areas and several service categories with only a few mouse clicks. In addition, contractors and consultants will be automatically available to new agencies in geographical areas as described. RECOMMENDATION Approve resolution for establishing a shared Small Works Roster and shared Consultant Roster with MRSC and authorize the Public Works Director to sign the contract for an annual fee of $400. Attachments: MRSC Contract Resolution M WS ters :y Advance Agency Registration instructions 1. Fill in the information shown in the attached MRSC Rosters Contract. 2. Secure necessary approvals and /or signatures. 3. Arrange for a check to MRSC Rosters for agency fee amount or wait to pay online. Mail check for annual fee and this form to: MRSC Rosters 2601 Fourth Avenue, Suite 800 Seattle, WA 98121 -1280 4. Fee structure: Agency Fees for Statewide Small Works and Consultant Rosters Total Capital Expenditure Per Year (Million) Annual Fee 50 or more $750 25 to 50 $500 15 to 25 $400 10 to 15 $300 5 to 10 $200 5 or less $100 This fee is based on the total capital expenditures for your agency for the most recent complete fiscal year. Here's how to compute your annual fee: a. For your most recent complete fiscal year, find (or estimate) total capital expenditures for your agency, (Note: For cities this is the total of BARS code lines 594 and 595. Other agencies have similar BARS code lines.) b. Find your fee in the table above. Note: When we go `live', the contact person listed will receive an e-mail with information needed to access the online Agency search functions. MRSC Rosters Contract Page 1 MRSC Rosters Contract Through the signature(s) below, on behalf of (the Agency), the Agency contracts with the Municipal Research and Services Center of Washington (MRSC), a not -for -profit Washington Corporation, to provide the Agency with small public works and consulting services rosters as allowed by RCW 39.04.155 and Chapter 39.80 RCW (MRSC Rosters). The Agency understands that such services are shared with a number of other Local government agencies in Washington State in a spirit of cooperation and to provide for more efficient and cost effective services to their citizens. 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 fee schedule and that they agree that the Agency shalt be bound by and adhere to the Terms and Conditions stated below. Name Title Date Name Title Date Agency Information Official Name of Agency County Location(s) Malting Address Agency Web Site Address Contact Person Name /Title E -mail Address Telephone Fax Alternate Contact Person Name /Title E -mail Address Telephone Fax Annual Fee (from fee schedule) Terms and Conditions The Agency agrees to use the MRSC Rosters to the fullest extent practical for solicitation of quotes and bids from eligible contractors and for requests for proposals from consultants. The Agency understands, however, that such use is not mandatory and no implication of mandatory use is intended through signing of this contract. The Agency agrees to the following: MRSC Rosters Contract Page 2 MRSC Small Works Roster(s) Agency may use the MRSC Small Works Roster(s) to select contractors for public work projects up to $200,000 in value or as otherwise limited by ordinance or law. The Agency is independently responsible for its own and the contractor's compliance with all additional or varying laws and regulations governing purchases, including all selection taws, retainage and bonds, prevailing wages, and any other appropriate requirements. MRSC, directly or implied, is nota party to any contract for public works construction into which the Agency may enter as a result of the Agency's use of the MRSC Small Works Roster(s). MRSC will advertise the Roster(s) at least annually on behalf of all Agencies, receive and review contractor applications for compliance with basic statutory eligibility requirements, maintain lists of contractors, and make the lists and applications available to the Agency. The Agency shall be independently responsible to determine that the selected contractors are responsible contractors according to the decision and opinion or theAgency. MRSC shall make a preliminary determination of compliance with basic statutory eligibility requirements before placing them on the Roster(s), but the Agency shall make its own determination of contractor responsibility before awarding contracts in whatever manner that the Agency feels is appropriate and consistent with applicable laws and its own policies. The Agency shalt be independently responsible to conduct a quotation or bid process consistent with any ordinance, laws, or requirements of their agency and to issue a contract and /or purchase order directly to the awarded contractor(s). MRSC does not accept responsibility or liability for the performance of any contractor used by the Agency as a result of use of the MRSC Small Works Roster(s). The Agency is independently responsible for any payments directly to any contractor that is employed as a result of use of the MRSC Small Works Roster(s). The Agency hereby agrees to indemnify and hold harmless MRSC, 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. MRSC Consulting Services Roster(s) The Agency agrees to use the MRSC Consulting Services Roster(s) to select architectural, engineering, and other consultants for interviews and contracts in accord with all applicable taws and regulations governing its own purchases to the fullest extent possible, but such use is not mandatory. The Agency is independently responsible for its own and the consultant's compliance with all additional or varying taws and regulations governing services, including alt selection laws and any other requirements as appropriate. MRSC wilt advertise the Roster(s) at least annually on behalf of all Agencies, will receive and review a firm's applications for completeness, maintain lists of Architects, Engineers, and other consultants and make the lists, applications, and qualifications available to the Agency. The Agency shalt be independently responsible to determine that the selected firms are responsible according to the decision and opinion of the joining agency. The Agency shalt be independently responsible to conduct a consultant selection process consistent with any ordinance, laws, or requirements of the agency and will be independently responsible for issuing a contract and /or purchase order directly to the awarded architects, engineers, and other consulting firm. MRSC does not accept responsibility or liability for the performance of any architects, engineers, and other consulting firm used by the Agency as a result of this Contract. The Agency shalt be independently responsible for any payments directly to the firm that is employed as a result of this Agreement. The Agency hereby agrees to indemnify and hold harmless MRSC, 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 Contract. MRSC Rosters Contract Page 3 DR FT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ESTABLISHING A SMALL 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 City is required by law to adopt a resolution establishing specific procedures; and 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; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. MRSC Rosters. The City Council hereby authorizes the Mayor to enter into contracts with the Municipal Research and Services Center of Washington (MRSC) to adopt for City use those Statewide electronic databases for Small Works Rosters and Consulting Services Rosters developed and maintained by MRSC, and authorizes the Public Works Director to sign that contract. In addition, paper and/ or electronic rosters may be kept on file by appropriate City departments. Section 2. Small Works Rosters. The following Small Works Roster procedures are hereby established for use by the City, pursuant to RCW 39.04.155 A. Cost. The City 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 $200,000.00, which includes the costs of labor, material, equipment and sales and /or use taxes as applicable. Instead, the City may use the Small 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. B. Publication. At least once a year, on behalf of the City, MRSC shall publish in the City's newspaper of record a notice of the existence of the roster(s), and solicit the names of contractors for such roster(s). Responsible contractors shall be added to any appropriate lviRSC roster whenever they submit a written request and necessary records. The City may require the signing of master contracts that become effective when a specific award is made using a Small Works Roster. C:\Documents and Settin3Nll Users\Desktop`.Kelly MSDATA\Resolutions\41RSC rosters.doc MMD:tsn 1!2008 Page 1 of 3 C. Telephone or Written Quotations. The City 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 39.04350(1); and the City may establish supplementary bidder criteria under RCW 39.04.350(2). 1. A contract awarded from a Small Works Roster need 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. 2. 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 City may not favor certain contractors on the appropriate Small Works Roster over other contractors on that roster who perform similar services. 3. If the estimated cost of the work is from $100,000 to $200,000, the City may choose to solicit bids from less than all the contractors on the appropriate Small Works Roster, but must notify the remaining contractors on that roster that quotations on the work are being sought. The City has the sole option of determining whether this notice to the remaining contractors is made by: a. publishing notice in the City's newspaper of record; or b. mailing a notice to these contractors; or c. sending a notice to these contractors by facsimile or email. 4. Any time bids are solicited, the City representative shall not inform a contractor of the terms or amount of any other contractor's bid for the same project. 5 A written record shall be made by the City 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 D. Limited Public Works Process. 1. If a work, construction, alteration, repair or improvement project is estimated to cost less than $35,000, the City Council 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 City 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. 2. For limited public works projects, the City 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, materialrnen, suppliers, and taxes imposed under Title 82 RCW that may be due from the contractor for the limited public works project. However, the City shall have the right of recovery against the contractor for any payments made on that contractor's behalf. C:\Docttments and SettinsWl Users Dasktop \KellyiMSDATA'Raolutions\MRSC resters .doc MD:ksn 2/212008 Page 2 of 3 3. The City 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. E. Determining Lowest Responsible Bidder. The City Council 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 City 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 responsibility criteria established by the City. F. Award. The Mayor or his designee shall present to the City Council all telephone quotations /bids and a recommendation for award of the contract to the lowest responsible bidder. However, for public works projects under 525,000.00, the Mayor shall have the authority to award those contracts without City Council approval. The City Council shall award all public works contracts for projects over $25,000.00 Section 3. Consulting Services Rosters. A. 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. B. Publication. At least once a year, on behalf of the City, MRSC shall publish in the City's newspaper of record a notice of the existence of the consulting services roster(s), and solicit statements of qualifications from firms providing consulting services. Such advertisements will include contact information (name, email address, phone number and mailing address) for a City representative who can provide further details of the City's projected needs for consulting services. Firms or persons providing consulting services shall be added to any appropriate MRSC roster whenever they submit a written request and necessary records. The City may require master contracts to be signed that become effective when a specific award is made using a consulting services roster. C. 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 City's projected requirements for any category or type of professional or other consulting services. The City 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 City departments. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2008. ATTEST/ AUTHENTICATED: HBNTICATED: Joe Duffie, Council President Jane E. Cantu, CMC, City Clerk APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Office of the City Attorney Resolution Number: C:1Docurnents and SettinsssAll Users\ Desktop Xelly\MSDATA\Rsolutiars\D 1 RSC rosters.doc MD:ksn 2n0008 Page 3 of 3 \MLA pi o .Z{ City of Tukw tux, Utilities Committee 1908 UTILITIES COMMITTEE Meeting Minutes Februa. y 4, 2008 5:00 p.m. Conference Room #r1 PRESENT Councilmembers: Verna Griffin, Chair; Joan Hernandez, and Kathy Hougardy Staff: Jim Morrow, Pat Brodin, Bob Giberson, Mike Cusick, Gail Labanara, Ryan Partee, Rebecca Fox, Jack Pace, Mary Miotke, Rhonda Berry and Kimberly Mate Guests: Chuck Parrish CALL TO ORDER: Committee Chair Griffin called the meeting to order at 4:59 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Resolution for Municipal Research Service Center (MRSC) Rosters Staff is seeking full Council approval for a resolution establishing a shared Small Works Roster and Consultant Roster with Municipal Research Service Center (MRSC). The City of Tukwila maintained its own Small Works and Consultant rosters until 2006 at which time the Council approved utilizing a shared roster which was maintained by the City of Lynnwood. With X over 100 cities participating in Lynnwood's rosters, the contract base has grown to over 1,000 contractors. Due to the size and facilitation of the roster, Lynnwood City Council approved MSRC taking over the maintenance and implementation of the rosters. The program is called MRSC Rosters. In order to participate in MRSC Rosters, interested cities must adopt an appropnate resolution, sign a contract and pay an annual fee of $400. Staff stated a number of benefits resulting from the utilization of this shared roster including: increased government efficiency, larger contract base to draw from and substantial cost savings regarding staff time. UNANIMOUS APPROVAL. FORWARD TO FEBRUARY 11 COW FOR DISCUSSION. B. Builders Exchange of Washington Staff shared with Committee that they utilized an online bidding system called Builders Exchange of Washington on several construction projects last year. Utilizing the system was very successful. Online bidding simplifies the bidding process making it more efficient, quicker and easier to access, reduces City printing and postage expenditures and allows for more effective use of front counter staff time. Public Works staff will increase their use of Builders Exchange of Washington's online bidding process throughout this year. LNFORiMATION ONLY. C. Telephone System Study Consultant Selection and Agreement Staff reported that the City is currently working off of five (5) different phones lines throughout all City facilities. The current systems are unreliable, antiquated and do not function well together, lacking system integration. Last November, the City advertised for Statements of Qualifications from telecommunication consultants to provide services for evaluating and replacing the City's current operating system. As a result, Tellink LTD was identified as the most capable consultant for the City's needs.