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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 1 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 2 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. Page 1 of 6 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 Page 2 of 6 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. Page 3 of 6 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 Page 4 of 6 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. Page 5 of 6 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 Page 6 of 6 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 1 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. 2 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 3 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. 4 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 5 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