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05-022.00 Lewis & Zimmerman Associates: Barker Rd Widening:~ _~ Value Engineering Study ~j Consultant Agreement (Lump Sum) Consultant Name and Address Lewis 8 Zimmerman Assoclatcs, Inc. 5216 Rldgc Drlve NE Tacoma, WA 98422.1535 Phone: 253-925-8741 Contact: David A. Hamilton, PE, CVS, CCE TIB Project Number fib-3-208(001)-1 Project Tltle Barker Road Widening (Boone Avenue to Spokane River) Description of Work Provide a value enflineering facilitator to lead a 24-hour VE study on the above referenced project. The individual VE team members will be provided by the City. The study will held in Spokane at a conference room provided by the Clty. The consultant will follow the scope of work attached. Prepare a written report in accordance with TIB requirements. lump Sum Amount Gompletlon Dato $13,934.00 June 30,2005 THIS AGREEMENT, made and entered into this 21st day of March, 2005 between the City of Spokane Valley, 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 Ihat 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: I GENERAL DESCRIPTION OF SERVICE I I GENERAL REQUIREMENTS This agreement is for services generally described as conducting value engineering (VE) studies of the Agency's TIB projects and, more particularly, as described under Scope of Work (page 5). The CONSULTANT may furnish all services, labor and related equipment necessary to conduct the study as designated elsewhere in this AGREEMENT. TIB rom, teo~23 Re,15e0 JunJ7 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. Pa9q 1 of 6 ~(/S- ~-~ TIB Value Engineering Study Consultant Agreement (Lump Sum) 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 Project Schedule (page 5). 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 $13,934 or not to exceed an agreed amount. Such payment shall be full compensation for services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work specified in Scope of Work (page 5). The CONSULTANT shall conform to 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 which 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 helshe 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, gif#, 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. VII TERMINATION The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten days written notice to the CONSULTANT. TIB Form 990-023 Page 2 W 6 R°viscd Jens-97 TIB Value Engineering Study Consultant Agreement (Lump Sum) 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. VIII DISPUTES Any dispute concerning questions of fact in connection with the worts 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. 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 competed 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. 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 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 suits 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. TIB Form 990-023 Pap¢3oE6 IteNSed Jun-37 ,• TIB Value Engineering Study Consultant Agreement (Lump Sum) 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 SerVIC@S. 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 parry has authority to make, and the parties shall not be bound by or be liable 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. By: CONSULTANT By: LEWIS 8 ZIMMERMAN ASSOCIATES, INC. gnature Mary Ann W. Lewis, President Typed or Printed Name TIB Form t 90•Q23 Revise0 Jun-87 AGENCY CITY OF SPOKANE VALLEY Signature Typed or Printed Name y/~/d 5 Pege 4016 TIB Value Engineering Study Consultant Agreement (Lump Sum) Scope of Work TASK ELEMENTS Lewis & Zimmerman Associates, Inc. (LZA) will facilitate a 3-day value engineering study on the City of Spokane Valley, Barker Road Project (Boone Avenue to Spokane River). The work task elements to be performed by LZA for this effort include the following: TASK 1 -PREPARATION Prior to the VE study the LZA VE Team Leader will assist the City in coordination and preparation for the upcoming study. These sub-tasks include: Providing guidance on the number of VE team members and disciplines required Preparation of an agenda for the VE study Coordination of an acceptable conference room for the workshop, to be provided by City Initiate conversations with the design engineer for their involvement in the study Providing the design engineer with a sample presentation outline Answering questions regarding the VE study by the team members or designers Coordinate a site visit Prepare all VE forms to be used during the study Ensure that the VE team members have received the project documents prior to the study for their review Prepare a Pareto chart cost model based upon detailed cost data prepared by the designer Preparation and distribution of the Project Value Objectives questionnaire Confirmation that all parties are available for the study TASK 2 - VE WORKSHOP The workshop is the key focal point of the effort and must be carefully managed due to the short duration of the effort, the number of people involved, and sensitivity of the study outcome. Participants in the workshop will include the VE team, Public Works Department, project design consultant, other specialty consultants or interested parties. Specific task to be accomplished by the LZA VE Team Leader include: Set-up of the conference room on the first day of the study Initiate the VE six-step process as follows: InformationlFunction Phase Kick-off the VE study with an introductory overview of the VE process and goals Coordination with the designers and Cily for their presentations Site visit by all VE team members and key staff members Lead discussion to identify the project basic and secondary functions Discuss the Project Value Objectives results and identify the goals to be used during the study Creative Phase Describe the brainstorming process to the VE team members Lead the team in the brainstorming process investigating all areas of the project Document all VE ideas in areas such as civil, traffic, geotechnical, utilities, and construction management Evaluation Phase City staff will be invited back into the VE workshop to assist in the ranking of the brainstorming ideas Ideas will be ranked on a scale of 1 to 5, with 5 being the best Record the ranking of each idea Development Phase Review the development phase activities with the team members and explain the worksheets to be used to record the alternatives T I B Fpm 190023 Page 5016 Reifse0 .lttn-97 TIB Value Engineering Study Consultant Agreement (Lump Sum) • Monitor the team members as they prepare the documentation • Prepare life cycle cost analysis as needed • Coordinate any questions the team members may have with City staff • Assist the team members in preparing exhibits needed to explain the VE recommendations Presentation Phase • Present the key findings to the City and design consultant staff • Develop handouts listing the key VE alternatives TASK 3 -POST VE EFFORT Efforts following the VE study include writing of the formal VE report which is the final phase of the VE process. Work elements include the following: Report Writing and Production • In the two weeks following the presentation, the VE team leader will prepare a formal VE report incorporating the alternatives developed by the VE team members ^ Submit the VE Report for review by the City and designer 10 days following completion of the VE workshop Implementation Phase ^ Coordinate a date for a formal Implementation Meeting with the City ^ Be available by phone for the Implementation Meeting ^ Record the final decision of the group on each VE alternative • Prepare the Final VE Report for distribution 10 days fallowing the implementation meeting Project Schedule Week 1 -Preparation for Study (March 21 - 25, 2005) Week 2 -Conduct VE study (March 29 - 31, 2005) Week 2 & 3 Prepare and Submit VE Report not later than April 13, 2005 Week 4 -Implementation Meeting (To be determined by City) Completion of all tasks not later than June 30, 2005. TIB rarni 19D~0r3 Pagc 6 0~ 8 Rrised Jun-97 ~...; ~` Spokane Valley F- \., i 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cilyhallpspokanevalley.org Memorandum To: Dave Mercier, City Manager From: Louis Graf, Engineer (CIP) ~~ Thru: Neil Kersten, Public Worics Director Steve Worley, Senior Engineer (CIP) Cc: Carolyn George Date: April 5, 2005 Re: Barker Road Widening Project Please find attached 2 copies of a contract from Lewis & Zimmerman Associates, Inc. for the Value Engineering Study for Barker Road. This it the standard T1B contract used f'or value engineering studies. TTB requires a VIr Study for any projects with TIB funding over $2 million. The Barker Road project is $2,998,200, therelc.~re the study was required. This work is 80~% reimbursable by "1"IB. Lump Sum Amount for the VE Study is $13,934.00. The VE work session was completed last week. The final report and recommendations are expected to be u~mplete April 13, 2005. The F3arker Road Wide~ling project has the budget available for this additional work. 1 recommend this Contract be approved and signed by 17avc. L,et me know if you need any additional information. _ ~ ., Lewis & Zimmerman Associates, Inc. ~~--,,~~ Takrng the Chance out of Change ~~J'~,.~,ifr ~~T P1r ~ , 6110 .xec+arive Baulfvsrrd, Suite 512 AP~ ~ ~oOs Rockville. MarylanU 20$52-3903 301-984-9590 Fax: 301-984-1369 info®Iza_com • ewwv.lza.eorn ~~:~ h4arch 30, 2008 Mr. Louis R. Graf Jr., PFJLSIT Capital PrAjerts Engineer City of Spokane Valley 1 1707 E. Sprague Avenue, Suite 1 OG Spokane Valley, 1~~ashington 99206 re: Barker Road Widening, (~©one Avenue to Spokane River) Value Engineering Services ASreement Dear tvtr. Graf: I_eevis R 7_immerman Associates, Inc. is pleased to provide you with two original, signed agreements for the referenced value engineering study. bVe sincerely appreciate this opportunity to work with the City. Sincerely yours, LEWIS & ZIMr1~tERMAN ASSOCIA'T'ES, II~rC. ~~b lvtary .Lewes President Enclosures vaCuc, Consulrrray Service