HomeMy WebLinkAboutR-2005-078 Service agreement with Robinson, Stafford, & Rude, Inc.RESOLUTION NO. R-2005- 78
A RESOLUTION authorizing and directing the City Manager of the City of Yakima
to execute a professional services agreement with Robinson,
Stafford & Rude, Inc. for value engineering services related to the
City of Yakima River Road Project.
WHEREAS, the City of Yakima applied for and received a grant in the amount
$1,960,000.00 from the Washington State Transportation Improvement Board (TIB) for
the City of Yakima River Road Project; and
WHEREAS, the state requires, as a condition of receiving the said grant, that the
City must engage an outside engineering firm to provide value engineering services
that are a systematic application of analytical, creative and evaluation techniques in a
multi -disciplinary team setting where the focus is on achieving the required functions,
performance and quality of the project while maximizing value; and
WHEREAS, Robinson, Stafford & Rude, Inc., is qualified and willing to provide
the necessary value engineering services concerning the City of Yakima River Road
Project for a lump sum of $15,445.00; and
WHEREAS, the City Engineer recommends that the City of Yakima enter into a
contract with Robinson, Stafford & Rude, Inc., for said value engineering services for
the City of Yakima River Road Project; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to authorize the City Manager to execute a professional services agreement
with Robinson, Stafford & Rude, Inc. for value engineering services related to the City
of Yakima River Road Project, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute a professional
services agreement with Robinson, Stafford & Rude, Inc. for value engineering services
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related to the City of Yakima River Road Project. The form of said professional services
agreement shall be reviewed and approved by the City Attorney or his designee.
ADOPTED BY THE CITY COUNCIL this 17th day of May, 2005.
ATTEST:
Kovfa-v., /4 0-910-6-e
Karen S. Roberts, City Clerk
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PROFESSIONAL
SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter "Agreement") is made and
entered into by and between the City of Yakima, a Washington municipal corporation
(hereinafter the "City"), and Robinson, Stafford & Rude, Inc., a Washington corporation
(hereinafter "RSR").
WHEREAS, the City applied for and received a grant in the amount of $1,960,000.00
from the Washington State Transportation Improvement Board ("TIB") for the City of Yakima
River Road Project (the "Project").
WHEREAS, the State requires, as condition of receiving said grant, that the City must
engage an engineering firm to provide value engineering services to ensure that the required
functions, performance and quality of the Project are achieved while maximizing the value of
funds expended on the Project.
WHEREAS, RSR has the experience and expertise necessary to provide said value
engineering services and is willing to provide such services in accordance with the terms
and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and RSR as follows:
1. Scope of Services. RSR shall provide value engineering services to the City regarding
the River Road Project in accordance with the Scope of Services attached hereto as Exhibit
A and incorporated herein by this reference.
2. Term. The term of this Agreement shall commence upon execution hereof and shall
continue until completion of services and receipt of full payment by RSR, unless terminated
sooner by either party in accordance with Section 4.
3. Completion. RSR shall proceed in a timely and diligent manner to provide and
complete all services required hereunder. RSR shall not be responsible for delays that are
caused by actions and/or matters that are beyond the control of RSR. Should such delays
occur, the schedule for completion of services provided in Exhibit A shall be adjusted
accordingly.
4. Termination. Either party may terminate this Agreement at any time, with or without
cause, by providing the other party with written notice of termination five (5) calendar days
prior to the termination date. In the event of such termination, the City shall pay RSR the
portion of Compensation Amount defined in Section 5 earned through the date of
termination.
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Value Engineering Agreement—River Road Project
5. Compensation.
a. Compensation Amount. In consideration of RSR's providing the value
engineering services described in Scope of Services attached as Exhibit A, the City shall pay
RSR a lump sum of Fifteen Thousand Four Hundred and Forty Five Dollars ($15,445.00).
b. Compensation for Additional Services. In the event that services beyond those
specified in the Scope of Services (Exhibit A), and not included in the Compensation Amount
specified in subsection (a), are required, RSR will submit a fee estimate for such services to
the City. The City and RSR shall agree to such change in fee and services in writing prior to
RSR's provision of such additional services.
c. Payment of Compensation. RSR shall invoice the City for eighty percent (80%)
of the Compensation Amount upon completion of the workshop and delivery to the City of
the preliminary value engineering study report as defined in the Scope of Services (Exhibit
A). RSR shall invoice the City for the remaining twenty percent (20%) of the Compensation
Amount upon delivery of the final value engineering study report as defined in the Scope of
Services (Exhibit A). Upon receipt of each invoice, the City shall make payment to RSR within
thirty (30) calendar days, provided, however, that all payments are expressly conditioned
upon RSR's providing services that are satisfactory to the City.
d. Payment in the Event of Termination. In the event that either party exercises its
right to terminate this Agreement in accordance with Section 4, the City shall pay RSR the
portion of the Compensation Amount earned through the date of termination.
6. Standard of Care. Services provided by RSR under this Agreement shall be performed
in a manner consistent with that degree of care and skill ordinarily exercised by members of
the same profession currently practicing under similar circumstances. RSR makes no
warranty or guaranty, either express or implied.
7. Mutual Understanding of Services. The City and RSR agree that the purpose of value
analysis and value engineering is the identification and presentation of recommendations
for improvement of the Project or process value, for consideration by the City and other
professional advisors. Both parties understand that, as a part of these services, RSR does
no design work and makes no Project decisions. The City and RSR agree that RSR shall be
liable to the City only for those damages arising from RSR's negligence in the performance
of the value analysis and/or value engineering work itself, and only to the extent that such
negligence damages the City.
8. Status of RSR. RSR and the City understand and expressly agree that RSR is an
independent contractor in the performance of each and every part of this Agreement. No
officer, employee, volunteer, and/or agent of RSR shall act on behalf of or represent him or
herself as an agent or representative of the City. RSR, as an independent contractor,
assumes the entire responsibility for carrying out and accomplishing the services required
under this Agreement. RSR expressly represents, warrants and agrees that its status as an
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Value Engineering Agreement—River Road Project
independent contractor in the performance of the work and services required under this
Agreement is consistent with and meets the six -part independent contractor test set forth in
RCW 51.08.195. RSR and its officers, employees, volunteers, agents and/or subcontractors
shall make no claim of City employment nor shall claim against the City any related
employment benefits, social security, and/or retirement benefits. Nothing contained herein
shall be interpreted as creating a relationship of servant, employee, partnership or agency
between RSR and the City.
9. Inspection and Audit. RSR shall maintain books, accounts, records, documents and
other evidence pertaining to the costs and expenses allowable and consideration paid under
this Agreement in accordance with generally accepted accounting practices. All such books
of account and records required to be maintained by this Agreement shall be subject to
inspection and audit by representatives of the City and/or of the Washington State Auditor
at all reasonable times, and RSR shall afford the proper facilities for such inspection and
audit. Such books of account and records may be copied by representatives of the City
and/or of the Washington State Auditor where necessary to conduct or document an audit.
RSR shall preserve and make available all such books of account and records for a period of
three (3) years after final payment under this Agreement.
10. Taxes and Assessments. RSR shall be solely responsible for compensating its
employees, agents, and/or subcontractors and for paying all related taxes, deductions, and
assessments, including but not limited to federal income tax, FICA, social security tax,
assessments for unemployment and industrial injury, and other deductions from income
which may be required by law or assessed against either party as a result of this Agreement.
In the event the City is assessed a tax or assessment as a result of this Agreement, RSR
shall pay the same before it becomes due.
11. Nondiscrimination Provision. During the performance of this Agreement, RSR shall not
discriminate on the basis of race, age, color, sex, religion, national origin, creed, marital
status, political affiliation, or the presence of any sensory, mental or physical handicap. This
provision shall include but not be limited to the following: employment, upgrading,
demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other
forms of compensation, selection for training, and the provision of services under this
Agreement.
12. The Americans with Disabilities Act. RSR shall comply with the Americans with
Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing regulations,
and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its
implementing regulations, with regard to the activities and services provided pursuant to this
Agreement. The ADA provides comprehensive civil rights to individuals with disabilities in
the area of employment, public accommodations, public transportation, state and local
government services, and telecommunications.
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Value Engineering Agreement—River Road Project
13. Compliance with Law. RSR agrees to perform those services under and pursuant to
this Agreement in full compliance with any and all applicable laws, rules, and regulations
adopted or promulgated by any governmental agency or regulatory body, whether federal,
state, local, or otherwise.
14. No Conflict of Interest. RSR covenants that neither it nor its employees have any
interest and shall not hereafter acquire any interest, direct or indirect, which would conflict
in any manner or degree with the performance of this Agreement. RSR further covenants
that it will not hire anyone or any entity having such a conflict of interest during the
performance of this Agreement.
15. No Insurance. It is understood that the City does not maintain liability insurance for
RSR and its officers, directors, employees and agents.
16. Insurance Provided by RSR.
a. Commercial General Liability Insurance. During the duration of this Agreement,
RSR shall have and maintain commercial general liability insurance with a minimum liability
limit of One Million Dollars ($1,000,000.00) per occurrence/aggregate limit bodily injury and
property damage. The insurance shall be with an insurance company or companies rated
A -VII or higher in Best's Guide and admitted in the State of Washington. Upon request, RSR
shall provide the City with a certificate of such insurance that clearly states who the provider
is, the amount of coverage, the policy number, and when the policy and provisions provided
are in effect.
b. Industrial Insurance. RSR shall comply with the provisions of RCW Title 51,
Industrial Insurance. For the duration of this Agreement, RSR shall provide or purchase
industrial insurance coverage for its employees, as may be required of an "employer" as
defined in RCW Title 51 and shall maintain full compliance with RCW Title 51.
c. Insurance Provided by Subcontractors. RSR shall ensure that all subcontractors
it utilizes for work/services required under this Agreement shall comply with all of the above
insurance requirements.
d. Survival. The provisions of this Section shall survive the expiration or
termination of this Agreement with respect to any event occurring prior to such expiration or
termination.
17. Delegation of Professional Services. The services provided for herein shall be
performed by RSR, and no person other than regular associates or employees of RSR shall
be engaged upon such work or services except upon written approval of the City.
18. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be
assigned or transferred in whole or in part by RSR to any other person or entity without the
prior written consent of the City. In the event that such prior written consent to an
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Value Engineering Agreement—River Road Project
assignment is granted, then the assignee shall assume all duties, obligations, and liabilities
of RSR stated herein.
19. Waiver of Breach. A waiver by either party hereto of a breach by the other party hereto
of any covenant or condition of this Agreement shall not impair the right of the party not in
default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either
party to insist upon strict performance of any agreement, covenant or condition of this
Agreement, or to exercise any right herein given in any one or more instances, shall not be
construed as a waiver or relinquishment of any such agreement, covenant, condition or
right.
20. Severability. If any portion of this Agreement is changed per mutual agreement or any
portion is held invalid, the remainder of the Agreement shall remain in full force and effect.
21. Notices. Unless stated otherwise herein, all notices and demands shall be in writing
and sent or hand delivered to the parties to their addresses as follows:
TO CITY: K. Wendell Adams, P.E.
City Engineer
City Hall
129 North Second Street
Yakima, WA 98901
TO RSR: Bob Rude, President
Robinson, Stafford & Rude, Inc.
4503 Black Lake Belmore Road
Olympia, WA 98512
or to such other addresses as the parties may hereafter designate in writing. Notices and/or
demands shall be sent by registered or certified mail, postage prepaid, or hand delivered.
Such notices shall be deemed effective when mailed or hand delivered at the addresses
specified above.
22. Third Parties. The City and RSR are the only parties to this Agreement and are the only
parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or
shall be construed to give or provide, any right or benefit, whether directly or indirectly or
otherwise, to third persons.
23. Drafting of Agreement. Both the City and RSR have participated in the drafting of this
Agreement. As such, it is agreed by the parties that the general contract rule of law that
ambiguities within a contract shall be construed against the drafter of a contract shall have
no application to any legal proceeding, arbitration and/or action in which this Agreement
and its terms and conditions are being interpreted and/or enforced.
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Value Engineering Agreement—River Road Project
24. Integration. This written document constitutes the entire Agreement between the City
and RSR. There are no other oral or written agreements between the parties as to the
subjects covered herein. No changes or additions to this Agreement shall be valid or binding
upon either party unless such change or addition be in writing and executed by both parties.
25. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
26. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
27. Counterparts. This Agreement may be executed in one or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same
Agreement.
CITY OF YAKIMA ROBINSON, STAFFORD & RUDE, INC.
By: By:
R. A. Zais, Jr., City Manager
Bob Rude, President
Date: S" °'"�� Date: St IC
ATTEST:
City Clerk
City Contract No.
City Resolution No.
01Oo5—`19
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Value Engineering Agreement—River Road Project
S COPE OF SERVICES
Client:
Cons u lta nt:
Services:
P roject:
P roject Location:
City of Yakima, Washington
(hereinafter referred to as the City)
Robinson, Stafford, &Rude, Inc.
(hereinafter referred to as RSR)
Value Engineering Study
River Road Project
Yakima, Washington
VALUE ENGINEERING JOB P LAN
Value engineering (VE) is a process consisting of the systematic application of analytical,
creative and evaluation techniques in a multi -disciplinary team setting where the focus is on
achieving the required functions, performance and quality while maximizing value.
RSR will use a VE Job Plan that is consistent with the SAVE International Value Methodology
Standard.
WORK TO BE PERFORMED
RSR will provide the following services in accordance with this scope of services and the terms
of the Agreement.
P re -works hop Activities
RSR will perform pre -workshop activities to include those tasks that must be accomplished in
order for the VE team to be able to efficiently and effectively perform in the workshop.
These activities will consist of:
• scheduling study tasks
• scheduling and coordination with RSR provided VE team members
• assisting the City with scheduling study participants
• coordination of the necessary documentation on the project for distribution to the VE
team members
• compiling project data into a cost model
• document review
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EXHIBIT A
S COPE OF SERVICE S
Scheduling Study Pa rticipa nts
The VE team members will be provided by the City. RSR will assist the City in identifying
candidate team members for the workshop. RSR will work cooperatively with the City to make
final selection of individuals to fulfill the desired discipline roles.
RSR will communicate directly with all team members relative to scheduling, pre -workshop,
workshop and post workshop activities.
Cost Model
If the cost estimate and other appropriate information are provided prior to the workshop, RSR
will develop a cost model which will convey to the team members which project elements or
features or functions are driving the cost of the project. This model will be used during the VE
workshop to help focus the team on those aspects of the project consuming the greatest shares of
the total project cost.
Document Review
The City will distribute the project documents to be studied directly to the VE team members.
These documents should be distributed a minimum of one week prior to the workshop start. The
team members will be instructed by RSR to spend up to four (2) hours reviewing these
documents these documents in advance of the workshop.
Works hop
RSR will conduct the value engineering workshop using a job plan that is consistent with the
practices and procedures recognized by SAVE International. This job plan will include a 32 -
hour workshop. The workshop will include an Information Phase, a Function Analysis Phase, a
Creative Phase, an Evaluation Phase, a Development Phase, and a Presentation Phase.
The workshop will be initiated by presentations from the City who will describe the objectives of
these projects and any constraints that will be placed on the VE study. The project design team
will explain specifically how the design accomplishes the City's objectives and the details of that
design. The workshop will include a function analysis of the major project elements. The team
will generate a list of ideas for project improvement followed by an evaluation of those ideas.
This evaluation will include input from key City decision makers before proceeding with
development of the recommendations. On the last day of the workshop, a presentation of the
recommendations will be provided to the City decision makers.
The workshop will be held at a location provided by the City.
Presentations
To make sure the VE team has complete information about the project criteria, the City will
provide at a minimum, the City Project Manager and appropriate members of the design team for
the first day and last day presentations as well as the mid -point review meeting.
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S COPE OF SERVICE S
Site iris it
A site visit will be conducted on the first day of the workshop. This site visit will be attended by
the VE team and City representatives.
Post Works hop
Following review of the Preliminary Report by the City, the key project stakeholders will
provide the City with written responses to the value recommendations. These responses will be
reviewed by the City and forwarded to RSR for inclusion into the Final Value Engineering
Report.
Works hop Logis tics
RSR will provide:
• an easel with a pad of paper and necessary workshop supplies for use by the value team
The City will provide at no cost to RSR:
• the workshop room
• an overhead projector for the first and last days of the workshop
• easy access to a telephone, copy machine, and a facsimile machine
VE STUDY TEAM
The VE Study Team for this workshop will include up to five team members. RSR is
responsible for providing the VE Team Leader. The City will provide the team members for the
disciplines specified below.
VE Team Leader
The VE Team Leader will be both a certified value specialist (CVS) and a registered
professional engineer (PE).
VE Team Members
The City will provide team members at no cost to RSR. The specific individuals provided will
be identified and selected jointly by the RSR VE Team Leader and the City Project Manager. In
general, these will be individuals not previously associated with the project development.
DELIVERABLES
This VE study effort will include four deliverables, all of which are related to the results of the
workshop. These deliverables are:
• VE Team Presentation Handout
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S COPE OF SERVICE S
• Preliminary VE Study Report
• Draft VE Study Report
• Final VE Study Report
VE Team Presentation Hand-out
At the beginning of the presentation of the VE results on the last day of the workshop, RSR will
provide to each person attending this presentation a hand out which contains:
• Cover
• Agenda
• List of VE recommendations
Preliminary VE Study Report
The Preliminary VE Study Report will be a compilation of the handwritten products developed
in the workshop. This report will include all of the VE recommendations developed by the VE
team during the workshop.
Draft VE Study Report
The purpose of this draft report is to give the City Project Manager and other appropriate
reviewers the opportunity to provide input to the final report. This document will be, in the
opinion of RSR, equivalent to the Final VE Study Report. The City will provide written
comments in compliance with the attached schedule.
Final VE Study Report
This report is the final documentation of the VE study. The report is a finalized version of the
Draft VE Study Report including the incorporation of the City's comments. The cover of the
report will clearly indicate the project title, that it is the Final VE Study Report, and the date of
the report.
The submittal of this report concludes the VE study effort.
Number of Reports
RSR will provide the City with the following number of copies of each report:
Preliminary VE Study Report 5
Draft VE Study Report 1
Final VE Study Report 5
S CHEDULE
This value engineering study will be conducted in accordance with the following schedule.
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S COPE OF SERVICE S
Notice to Proceed May 6, 2005
The City to Distribute Documents May 9, 2005
VE Workshop May 16 —18, 2005
Submit Preliminary VE Study Report May 23, 2005
Written Responses to RSR To be determined
Submit Draft VE Study Report To be determined
Comments on Draft VE Study Report To be determined
Submit Final VE Study Report To be determined
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of May 17, 2005
ITEM TITLE: Resolution authorizing Professional Services Agreement with
Robinson, Stafford, & Rude, Inc. for Value Engineering Study of
River Road Reconstruction Project.
SUBMITTED BY: Department. of Community and Economic Development -
Engineering Division
William R. Cook, CED Department Director, 575-6227
CONTACT PERSON/TELEPHONE: K. Wendell Adams, City Engineer, 575-6111
SUMMARY EXPLANATION:
The City is proposing to enter into a professional services agreement with Robinson,
Stafford, & Rude, Inc. to provide a Value Engineering (VE) study for the River Road
Reconstruction Project. All projects that utilize Transportation Improvement Board (TIB)
funds with at least $2 million are required to do a VE study to ensure the project is
efficient and all cost savings are realized. The amount of the contract is $15,445.00 and the
time to complete this work will be approximately four days. The form of the contract shall
be reviewed, revised (as necessary) and approved by the City Attorney or his designee.
Resolution X Ordinance Contract X Other (Specify)
Funding Source Arterial Street - Fund 142
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approve Resolution authorizing professional services
agreement with Robinson, Stafford, & Rude, Inc.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted RESOLUTION R2005-78