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HomeMy WebLinkAboutR-1993-084 Consulting Value Specialists / I-82 / GatewayRESOLUTION NO. R-93 -84 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement with Consulting Value Specialists, Inc. for professional services. WHEREAS, it is necessary to engage professional services for the Yakima Gateway Project, and WHEREAS, Consulting Value Specialists, Inc. has offered to perform those professional services in accordance with the provisions of the attached agreement, and the City Council deems it to be in the best interest of the City that the agreement document be executed by the City, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute an agreement with Consulting Value Specialists, Inc. for the purpose mentioned above, a copy of which agreement is attached hereto and by reference made a part hereof. loth ADOPTED BY THE CITY COUNCIL this day of August, 1993 MAYOR ATTEST: CITY CLERK Lepalfbd Resolutions RES A MOM VALUE ENGINEERING STUDY • !JJJ CONSULTANT AGREEMENT (LUMP SUM) CONSULTANT AND ADDRESS CONSULTING VALUE SPECIALISTS, INC. (CVS, Inc) 821 N.W. Flanders, #305 Portland, Oregon 97209 TIB PROJECT NO COMPLETION DATE 27 August 1993 PROJECT TITLE AND DESCRIPTION OF WORK TO BE PERFORMED VALUE ENGINEERING STUDY YAKIMA AVE./I-82 IC/FAIR AVE. GATEWAY PROTECT CITY OF YAKIMA LUMP SUM AMOUNT $ 12,000.00 THIS AGREEMENT, made and entered into this 10=' day of between the CITY ©F YAKIMA u,os-r ,_'1q3 , hereinafter called the "AGENCY", and the above consulting firm hereinafter called the "CONSULTANT" WITNESSETH THAT WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the Transportation Improvement Board requires that a value engineering study be performed on this project, and WHEREAS, the study must be performed by a team that is not involved with the project design, and WHEREAS, the CONSULTANT has signified a willingness to furnish consulting services to the AGENCY to perform a VE study, NOW THEREFORE, in consideration of the terms, conditions, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows GENERAL DESCRIPTION OF SERVICE This agreement is for services generally described as conducting value engineering (VE) studies of the Agency's TIB projects and, more particularly, as described in TIB Fo,m 190.02] Revised 12192 Attachment A, Scope of Work The CONSULTANT may furnish all services, labor and related equipment necessary to conduct the study as designated elsewhere in this AGREEMENT 11 GENERAL REQUIREMENTS All reports, PS&E materials and other data, furnished to the CONSULTANT by the AGENCY shall be returned All drawings, documents, and other work products prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this assignment and are property of the AGENCY Reuse by the AGENCY or by others acting through or on behalf of the Agency of any such instruments of service, not occurring as part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT III TIME FOR BEGINNING AND COMPLETION The CONSULTANT will initiate these services on receipt of the Notice -to Proceed from the AGENCY The CONSULTANT will complete these services within the schedule defined in Attachment 6, Project Schedule The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY, in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of' GOD or governmental actions or other conditions beyond the control of the_ __ CONSULTANT IV PAYMENT A Compensation The compensation for these services to be paid to the CONSULTANT shall be a lump sum of $ 12,000.00 or not to exceed an agreed amount Such payment shall be full compensation TIB Form 190-023 Revised 17/92 for services rendered and for all labor materials, supplies equipment, and incidentals necessary to complete the work specified in Attachment A "Scope of Work" The CONSULTANT shall conform with all applicable portions of 48 CFR 31 B Progress Payments Eighty percent (80%) of the agreed amount will be paid upon request of the CONSULTANT when the value engineering workshop is completed C Final Payment Final payment of the balance due the CONSULTANT of the gross amount earned will be made within 30 days after receipt of the final invoice, contingent upon receipt of reports, programs and other related documents which are required to be furnished under this AGREEMENT Acceptance of such final payment by the CONSULTANT shall constitute a release of all claims for payment whicn the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance Said final payments shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims _ _ V._. EMPLOYMENT The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, brokerage fee gift, or any other consideration contingent upon or resulting from the award or making of this contract For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability, or in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee VI NONDISCRIMINATION The CONSULTANT agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, sex, age or handicap except for a bona fide occupational qualification with regard to, but not limited to the following employment upgrading, demotion or transfer, recruitment or any recruitment advertising, a layoff or termination, rates of pay or other forms of compensation, selection for training, rendition of services The CONSULTANT understands and agrees that if it violates this provision, this AGREEMENT may be terminated by the AGENCY and further that the CONSULTANT shall be barred from performing any services for the AGENCY now or in the future unless a showing is made satisfactory to the AGENCY that discriminatory practices have terminated that the recurrence of such action is unlikely The CONSULTANT shall -provide access to - its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY to be pertinent to ascertain compliance with such regulations or directives Where any information required of the CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information the CONSULTANT shall so certify to the AGENCY as appropriate, and shall set forth what efforts it has made to obtain the information TIB Form 19o4123 Revised 12/92 VII TERMINATION The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten days written notice to the CONSULTANT In the event this AGREEMENT is terminated by the AGENCY other than for fault on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT which, when added to any payments previously made, shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the VE Study In the event the services of the CONSULTANT are terminated by the AGENCY for fault on the part of the CONSULTANT, the above formula for payment shall not apply In such an event, the amount to be paid be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which maybe required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination Under no circumstances shall payment made under this subsection exceed the amount which would have been made using the formula set forth in the previous paragraph If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to perform is without it or it's employee's fault or negligence, the termination shall be • • deemed to be a termination for the convenience of the AGENCY in accordance with the provision of this AGREEMENT Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY forbearance of any rights under this AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT VIII DISPUTES Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the AGENCY, which decision in the matter shall be final and binding on the parties of this AGREEMENT IX LEGAL RELATIONS The CONSULTANT shall endeavor to comply with all Federal, State, and Local laws and ordinances applicable to the work to be done under this AGREEMENT This AGREEMENT—shall be interpreted and construed in accord with the laws of the state of Washington The CONSULTANT shall indemnify and hold the AGENCY and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity arising in whole or in part from the CONSULTANT's negligence or breach of any of its obligations under this AGREEMENT, provided that nothing herein shall require a CONSULTANT to indemnify TIB Form 190.027 Revised 12/92 4 the AGENCY against and hold harmless the AGENCY from claims, demands or suits based solely upon the conduct of the AGENCY, its agents, officers and employees, and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT's agents or employees and (b) the AGENCY, its agents, officers and employees, this indemnity provision with respect to (1) claims or sults based upon such negligence, and (2) the costs to the AGENCY of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT's negligence or the negligence of the CONSULTANT's agents or employees The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor The CONSULTANT shall obtain and keep in force during the terms of the AGREEMENT, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section This remedy is not exclusive, and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law The CONSULTANT's professional liability shall be limited to the amount payable under this AGREEMENT Insurance Coverage A Worker's compensation and employer's liability insurance as required by the state of Washington B. Regular public liability and property damage insurance in an amount not less than a single limit of one million dollars ($500,000 00) for bodily injury, including death and property damage per occurrence All insurance shall be obtained from an insurance company authorized to do business in the State of Washington X EXTRA WORK In the event services beyond those specified in the Scope of Work and not included in the compensation above are required, the CONSULTANT shall submit a fee estimate for such services and a contract modification shall be negotiated and approved by the AGENCY prior to any effort being expended on such services XI COMPLETE AGREEMENT This document and referenced attachments contains all covenants, stipulations and provisions agreed upon by the parties. No agent or representative of either party has authority to make, and the parties shall not be bound by or be Fable for, any statement, representation, promise or agreement not set forth herein No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT XII EXECUTION AND ACCEPTANCE • The CONSULTANT does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above written CONSULTiNG VALUE SPSTS, INC. g By Robert H. Mitchell President TIB Form 190-023 R2viSed 1219'2 S City Manager ATTEST 5 City Clerk oNrRA{T NO.Cr 7 3 ���� SSE