HomeMy WebLinkAboutR-2010-006 MRSC Small Public Works and Consultant Roster System Use Agreement with Municipal Research and Service CenterA RESOLUTION
RESOLUTION NO. R-2010-06
authorizing the City Manager to execute a contract between the
Municipal Research Services Center (MRSC) and the City to
utilize MRSC Small Public Works and Consultant Rosters to
award public works and consulting contracts.
WHEREAS, In Chapter 138, Laws of 2000 and in Chapter 284, Laws of 2001, the
Washington State Legislature amended RCW 39.04.155 and other laws regarding contracting
for public works by municipalities, allowing certain contracts to be awarded by a small works
roster process; and
WHEREAS, the Municipal Research and Service Center (MRSC), a nonprofit, maintains
small public works and consultant rosters that are utilized by about 150 Public Agencies
throughout the State of Washington; and
WHEREAS, in order to be able to implement a small works roster process, the City is
required by law to adopt a resolution establishing specific procedures; and
WHEREAS, the City desires to utilize the MRSC Small Public Works and Consultant
Rosters which will benefit the City by saving staff time, and providing a more streamlined, web -
based portal for vendor registration; and
WHEREAS, the Yakima City Council finds that it is in the best interests of the City to
utilize the MRSC Rosters; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is authorized and directed to execute the attached and incorporated MRSC
ROSTERS PUBLIC AGENCY CONTRACT to allow the City of Yakima to utilize the statewide
Small Public Works and Consultant Roster maintained by MRSC and thereby avoid
unnecessary staff time expended to compile a City -generated roster, as well as to benefit from
the efficiency of a central roster system and utilize many additional providers otherwise
unknown and therefore unavailable to the City.
ADOPTED BY THE CITY COUNCIL this 5th day of January, 2010.
Micah Cawley, Ma
ATTEST:
20V —06
MRSC Rosters Public Agency Contract
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 City of Yakima, Washington, a
municipal corporation (the "Public Agency").
Public Agency Information
Name of Public Agency City of Yakima
County Location(s) Yakima
Mailing Address . 129 North Second Street
Yakima, WA 98901
Public Agency Website www.ci.yakima.wa.us
1. Purpose. The purpose of this Contract is to provide the Public Agency with membership in a
Contractor Roster - Small Public Works ("Contractor Roster") and a Consultant Roster - Consulting
Services ("Consultant Roster" and, 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 annually for the Small Works Roster in accordance with statutory
requirements on behalf of alt Public Agencies with which MRSC has similarly contracted ("Roster
Members"), receive and review contractor applications for compliance with basic statutory eligibility
requirements, and maintain lists of Contractor Roster contractors. MRSC shall advertise at least
annually the Consultant Roster in accordance with statutory requirements on behalf of all Roster
Members, receive and review firms' applications for completeness, and maintain lists of architects,
engineers, and other consultants on the Consultant Roster.
3. Use of MRSC Rosters by Public Agency. The Public Agency will use both the MRSC Rosters Small
Works and Consultant Rosters as their official roster system. If the Public Agency decides to continue
use of another roster system in addition to MRSC Rosters than that Public Agency is responsible to
utilize both MRSC Rosters and that other system in their selection process either by contacting
contractors/consultants from both systems on every project or through a rotation procedure using both
systems.
(a) Contractor Roster - Small Public Works. The Public Agency will use the Contractor Roster
to select contractors 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 contractors' compliance with all
additional or varying laws and regulations governing purchases, including all selection laws,
retainage and bonds, prevailing wages, and any other 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 contractors are responsible
contractors. 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 contractor thus selected.
(b) Consultant Roster - Consulting Services. The Public Agency will use the Consultant Roster
to select engineering, architectural, or other consultants for negotiations and contracts, 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 consultants' compliance with all
MRSC Rosters Contract Page 2 of 4
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 consultants or firms 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 consultant 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 electronic MRSC Rosters.
4. Compensation of Contractors and Consultants. The Public Agency shall be independently responsible
for payments to any contractor that is selected as a result of its use of the Contractor Roster and to
any consultant that is selected as a result of its use of the Consultant Roster. The Public Agency shall
make all such payments directly to the contractor or consultant selected by the Public Agency.
5. Term. This Contract shall be effective upon its execution by both parties. It shall continue in force
until cancelled by either party upon fifteen (15) days' written notice and as provided in Section 10.
6. Compensation of MRSC. The Public Agency will pay MRSC an annual membership fee in the amount
of $ 500.00 based on the below Public Agency Fee Structure for services under this Contract. This
amount wilt be paid in full, within 30 days of the execution date of this Contract (and subsequent
anniversary dates of this Contract).
MRSC Rosters Public Agency
Fee Structure
Total Capital
Expenditures Per Year
($M)
Annual Fee
50+
$750
25
- 50
$500
15
- 25
$400
10
- 15
$300
5
- 10
$200
less than 5
$100
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 (i) any contract for
public works construction into which the Public Agency may enter as a result of the Public Agency's use
of the Contractor Roster; or (ii) any contract for engineering, architectural, or other services into
which the Public Agency may enter as a result of the Public Agency's use of the Consultant Roster.
MRSC does not accept responsibility or liability for the performance of any contractor or consultant
used by the Public Agency as a result of its use of the MRSC Rosters.
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 of that party's officers, employees, volunteers, and agents in
connection with the performance of this Contract.
MRSC Rosters Contract Page 3 of 4
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.
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 obligation 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:
Primary Contact: Sue Ownby
Title: Purchasing Manager
Email: sownby@ci.yakima.wa.us
Telephone: 509-576-6695
Facsimile: 509-756-6394
Alternative Contact: Douglas Mayo
Title: City Engineer
Email: dmayo@ci.yakima.wa.us
Telephone: 509.576.6678
Facsimile: 509.576.6305
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.
[Title]
/.23.-7/Q
[Date]
MRSC Rosters Contract
PUBLIC AGENCY
�S J
R.A. Zais, Jr., ity Manager
CITYCONTRACT NO:v7D/0:.
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[Date]Vi°
RESOLUTION NO:
Page 4 of 4
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. X
For Meeting Of January 5, 2010
ITEM TITLE: Consideration of a Resolution Authorizing the City Manager to execute a
Contract between the Municipal Research Services Center (MRSC) and the
City of Yakima for the Purpose of Utilizing their Shared Small Public Works
and Consultant Roster System
SUBMITTED BY: Dave Zabel!, Assistant City Manager
CONTACT PERSON/TELEPHONE: Dave Zabel! — 575-6040
Doug Mayo, City Engineer — 576-6678
Sue Ownby, Purchasing Manager — 576-6695
SUMMARY EXPLANATION:
The MRSC Rosters are a shared small public works and consultant roster system maintained
by the MRSC, a nonprofit, for Washington State Counties, Cities, and authorized districts, that
offers a state-wide registration process for contractors and consultants. The MRSC Roster
offers Annual Legal Notice Posting, Online Registration, Initial Verification of Applicant
Eligibility, and a Searchable Online Roster Database.
Small Works Rosters are provided for under RCVV's 3522.620 and 39.04. The City is
required by law to adopt a resolution establishing specific procedures.
City staff intends to use the MRSC Roster to hire contractors and consultants, which has free
registration to contractors to join and a small annual membership fee to the City.
Utilizing the MRSC Rosters will benefit the City by saving staff time, and offers a more
streamlined, web -based portal for vendor registration. There are currently about 150 Public
Agencies who use MRSC Rosters.
Resolution X Ordinance Other (Specify)
Contract X Mail to (name and address): Sue Ownby, Purchasing
Phone: X 6695
Funding Source Water, Wastewater and Engineering $500 per year total
APPROVED FOR SUBMITTAL: A.
ana e
STAFF RECOMMENDATION: Adopt the attached resolution thereby authorizing the City
Manager to execute the MRSC Rosters Public Agency Contract with the Municipal Research
Services Center
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
PUBLIC AGENCY REGISTRATION INSTRUCTIONS
• Fill in the information shown in attached MRSC Rosters Public Agency Contract.
• Secure necessary approvals and signatures.
• Make check payment based on Public Agency Fee Structure.
• Mail check for annual membership fee with contract:
MRSC Rosters
2601 Fourth Avenue, Suite 800
Seattle, WA 98121-1280
Public Agency Fee Structure: This fee is based on your Public Agency's total
capital expenditures for the most recent complete fiscal year. Compute your
annual membership fee by following the below steps:
1. Find or Estimate your total capital expenditures for the most recent
complete fiscal year [Note: For cities this is the total of BARS code lines 594
and 595. Other agencies have similar BARS code lines].
2. Find your fee in the table below.
MRSC Rosters Public Agency Fee Structure
Total. Capital Expenditures
Per Year ($M)
Annual Fee
50+
$750
25 - 50
$500
15 - 25
$400
10 - 15
$300
5-10
$200
less than 5
$100