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HomeMy WebLinkAboutTrans 2008-01-29 Item 3C - DIscussion - MRSC (Municipal Research Service Center) RostersTo: Mayor Haggerton From: Public Works Director Date: January 22, 2008 Subject: Municipal Research Service Center Rosters ISSUE BACKGROUND ANALYSIS INFORMATION MEMORANDUM Discuss Municipal Research Service Center (MRSC) Rosters. 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 pm Tukwila's annual total capital expenses in the range of $20 million). Advantages to agencies of shared rosters include: Efficiency in government Reduced individual agency staffing 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 less 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 MRSC Rosters 2601 Fourth Avenue, Suite 800 Seattle, WA 98121 -1280 4. Fee structure: Misters 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: 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 fisted 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 shall be bound by and adhere to the Terms and Conditions stated below. Name Name Official Name of Agency County Location(s) Mailing 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) The Agency agrees to the following: Title Date Title Date Agency Information 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. 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 alt 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 wilt 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 shalt be independently responsible to determine that the selected contractors are responsible contractors according to the decision and opinion or the Agency. 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 shall 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 Rosters) 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 laws and regulations governing services, including all selection laws and any other requirements as appropriate. MRSC will 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 shall be independently responsible to determine that the selected firms are responsible according to the decision and opinion of the joining agency. The Agency shall be independently responsible to conduct a consultant selection process consistent with any ordinance, taws, 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 MODEL SMALL WORKS AND CONSULTANT ROSTERS RESOLUTION Resolution No. A RESOLUTION OF THE [Council] OF [City], WASHINGTON, ON THE SUBJECTS OF ESTABLISHING A SMALL WORKS ROSTER PROCESS TO AWARD PUBLIC WORKS CONTRACTS AND A CONSULTING SERVICES ROSTER FOR ARCHITECTIURAL, 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; 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 [Council] OF [City], WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Resolution No. is hereby repealed. Section 2. MRSC Rosters. The [City] has contracted [wishes to contract] with the Municipal Research and Services Center of Washington (MRSC) to adopt for [City] use those state wide electronic databases for small works roster and consulting services developed and maintained by MRSC [and authorizes [City] Staff to sign that contract]. In addition, paper and/or electronic rosters may be kept on file by appropriate [City] departments. Section 3. Small Works Rosters The following small works roster procedures are established for use by the [City] pursuant to RCW 39.04.155: 1. 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 Two Hundred Thousand Dollars ($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. 2. Publication. At least once a year, on behalf of the [City], IvMRSC 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 or rosters at any time that 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 small works roster. 3. 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 39.04.350(1) and may establish supplementary bidder criteria under RCW 39.04.350 (2) a) 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. 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 [City] 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 thousand dollars ($100,000) to two hundred thousand dollars ($200,000), the [City] 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 [City] 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 [City] 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 [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. 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 [City] 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. 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 Iiability for the contractor's nonpayment of laborers, mechanics, subcontractors, materialmen, 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 the contractor's behalf. 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. 5 Determining Lowest Responsible Bidder. The [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 [Council] 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 [City]. 6. Award. All of the telephone bids or quotations shall be collected and presented at the same time to the [Council] for consideration, determination of the lowest responsible bidder, and award of the contract. OR [If the Council delegates the authority to award bids of certain amount(s) to an officer of the agency.] 6. Award.The [Mayor] or his designee shall present all telephone quotations/bids and recommendation for award of the contract to the lowest responsible bidder to the [Council]. However, for public works projects under the [Mayor] shall have the authority to award public works contracts without [Council] approval, provided that the [Council] shall ratify the [Mayor]'s approval at the next scheduled [Council] meeting by means of the consent agenda. For public works projects over the [Council] shall award all public works contracts. Section 4. Consulting Services Rosters 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, on behalf of the [City], 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 fmd the address and telephone number of a representative of the [City] who can provide further details as to the [City]'s projected needs for consulting services. Firms or persons providing consulting services shall be added to appropriate MRSC roster or rosters at any time that 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. 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 [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 PASSED this day of 20_. [Mayor] ATTEST: CLERK 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] depaituuents. APPROVED AS TO FORM: [City] ATTORNEY 20 and signed in authentication of its passage this day of