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HomeMy WebLinkAbout200-06 RESOLUTIONRESOLUTION NO. 200-06 A RESOLUTION APPROVING A CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES WITH ROBINSON, STAFFORD AND RUDE, INC. (RSR) IN THE AMOUNT OF $39,844.00 (TO BE WHOLLY REIMBURSED BY THE CITY OF FARMINGTON) TO PROVIDE VALUE ENGINEERING SERVICES FOR THE FARMINGTON AND WEST FAYETTEVILLE AREA WASTEWATER SYSTEM IMPROVEMENT PROJECT ENGINEERING DESIGN. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a contract for Professional Engineering Services with Robinson, Stafford and Rude, Inc. (RSR) in the amount of $39,844.00 (to be wholly reimbursed by the City of Farmington) to provide value engineering services for the Farmington and West Fayetteville Area Wastewater System Improvement Project (WSIP) engineering design. A copy of the contract, marked Exhibit "A," is attached hereto and made a part hereof 0011 flvlrry,ry° .. PASSED and APPROVED this 28th day of November, 2006. .`�JR:¢•f ff'ffl!f', c` 5 .• j•• • LL P,•'�- By: e-, mutt) uuuu�u��a DAN COODY, Mayo SONDRA SMITH, City Clerk APPROVED: By: ATTEST: • • PROJECT: ADDRESS: RSR PROFESSIONAL SERVICES AGREEMENT Wastewater System Improvements RSR PROJ. NO: 09701M CONSULTANT CLIENT Robinson, Stafford & Rude, Inc. (hereinafter RSR) City of Fayetteville, Arkansas (hereinafter City of Fayetteville) 9206 W. 90`h Street 113 West Mountain Street Overland Park, KS 66212 Fayetteville, AR 72701 TELEPHONE: 913-381-0603 FACSIMILE: 913-642-7883 FED ID/BUS. NO.: 91-1809438 CONTACT NAME• James L. Mohan 479-575-8330 479-575-8257 71-6018462 David Jurgen PROJECT DESCRIPTION: Value Engineering Services for Wastewater System Improvement Project, Farmington and West Fayetteville Area, Subprojects WL -10, WL -11, and WL -12. COMPENSATION: The total compensation under this Agreement shall not exceed the dollar amount indicated in this agreement, or the amount authorized by amendments and/or notices to proceed, whichever is lesser. The form of payment shall be as indicated below: X LUMP SUM. Compensation for these services shall be a Lump Sum of $ 39,844 .00. er TIME tes MATERIALS. Co...p..asat:ea fel th_ro ocrvi.,ee will ..et e;ca.,.,d $ .;.Le..t • In the event services beyond those specified in the Scope of Services, and not included in the compensation above, are required, RSR will submit a fee estimate for such services and a contract modification will be negotiated and approved by the City of Fayetteville prior to any effort being expended on such services. RSR IS AUTHORIZED TO BEGIN SERVICES BASED ON: X execution of agreement or _ written notice to proceed TERMS OF CONTRACT I. EXECUTION AND INITIATION. This Agreement becomes effective upon signatures by authorized representatives of City of Fayetteville and RSR and upon receipt of a fully executed original by both City of Fayetteville and RSR. RSR shall provide and complete these services in accordance with the terms of this Agreement and any Scope of Work herein and will initiate services as noted above. 2. COMPLETION. RSR will complete the services within the time specified in the Scope of work, unless delayed by actions beyond the control of RSR. Should such delays occur, the schedule shall be extended by the amount of the delay. 3. TERMINATION. This agreement shall remain in force until completion of the services and receipt of full payment by RSR, unless terminated by mutual agreement. Either party upon 10 days written notice may terminate this agreement for cause. In the event of such termination, City of Fayetteville will pay RSR the portion of the Compensation defined above which has been earned through the date of termination, including any RSR expenses associated with the termination. 4. STANDARD OF CARE Services provided by RSR under this agreement will 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. 5. OWNERSHIP OF DOCUMENTS. All documents, including documents on electronic media, prepared under this agreement are instruments of service and are, and shall remain the property of RSR. RSR retains all common law, statutory, and other reserved rights, including the copyright thereto. These documents shall not be used for any purpose other than those authorized under this Agreement without the prior written authorization of and appropriate compensation to RSR. Page 1 of3 6. MUTUAL UNDERSTANDING OF SERVICES. City of Fayetteville and RSR agree that the purpose of value analysis and value engineering is the identification and presentation of recommendations for improvement of project or process value, for consideration by City of Fayetteville and their other professional advisors. Both parties understand that as a part of these services, RSR does no design work and makes no project decisions. City of Fayetteville and RSR agree that RSR will be liable to the City of Fayetteville only for damages arising from RSR's negligence in the performance of the Value Analysis or Value Engineering work itself, and only to the extent that such negligence damages the City of Fayetteville. 7. SCHEDULE OF PAYMENTS If compensation for the services under this agreement is Lump Sum, RSR will invoice City of Fayetteville for 1005 of RSR subconsultant costs plus 80% of the RSR fee upon completion of the workshop and delivery to the City of Fayetteville of the preliminary report and the remaining 20% of the compensation upon delivery of the final report, as defined in the Scope of Work. If compensation is in another form, RSR will invoice the City of Fayetteville once for the services completed through completion of the workshop and delivery of the preliminary report, and again upon project completion and delivery of the final report. City of Fayetteville will pay said invoices within 30 days of the invoice date. City of Fayetteville agrees to pay RSR interest in the amount of 1.5 percent per month for all amounts remaining unpaid 30 days after the invoice date. 8. COLLECTION COSTS. In the event legal action is necessary to enforce the payment provisions of this Agreement, City of Fayetteville will pay RSR for any judgment or settlement sums due, reasonable attorneys' fees, court costs and expenses incurred by RSR in connection therewith, and in addition, the reasonable value of RSR's staff time and expenses spent in connection with such collection action computed at RSR's prevailing rate schedule and expense policies. 9. AUDIT AND ACCESS TO RECORDS. RSR cost records pertaining to this Agreement will be kept for inspection by representatives of the City of Fayetteville; and Governmental Agencies for a period of three (3) years after final payment. City of Fayetteville will be given reasonable access to review said records for the purpose of confirming the reasonableness of RSR fees with prior notice at the offices of RSR. 10. EQUAL OPPORTUNITY EMPLOYMENT. RSR shall comply with federal, state and local regulations pertaining to Equal Opportunity Employment and minority hiring, and fair employment practices. 11. INDEPENDENT CONSULTANT. RSR and its staff are and shall be at all times during the term of this Agreement independent consultants and not employees or agents of the City of Fayetteville. 12. COMPLIANCE WITH LAWS. RSR shall comply with Federal, State, and local laws and ordinances applicable to the services to be provided under this Agreement. 13. INSURANCE. RSR shall maintain Workers Compensation (and Employer's Liability Insurance) as required by applicable state statute, and Commercial General Liability Insurance. 14. DISPUTES. The laws of the State of Arkansas shall govern any action for claims arising out of or relating to this Agreement. 15. ASSIGNMENT. Neither RSR nor the City of Fayetteville shall assign, transfer, or encumber any rights, duties or interests accruing from this Agreement without the express written consent of the other. 16. CHANGES, MODIFICATIONS, OR AMENDMENTS Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 17. FREEDOM OF INFORMATION ACT. City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, RSR will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A Section 25-19-101 et. Seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. Execution of this document by duly authorized representatives of the City of Fayetteville and RSR, including any attachments represents the entire agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This agreement may be amended or modified only by written instrument, valid only upon signature by both parties. Page 2 of 3 ROBINSON, STAFFORD & RUDE, INC. BY: James L. Mohart CITY OF FAYETTEVILLE BY: SIGNATURE: ni— SIGNATURE: TITLE. Sr V resident DATE: November 29, 2006 Attached: X Scope of Services X Budget Worksheet TITLE: DATE: 1 X42 ate v 1 Special Provisions Distribution: City of Fayetteville, RSR Project Manager, RSR Financial Officer • Page 3 of 3 12/98 SCOPE OF SERVICES Client: Consultant: Services: Project: Project Location: Project Designer: City of Fayetteville (hereinafter referred to as City of Fayetteville) Robinson, Stafford, & Rude, Inc. (hereinafter referred to as RSR) Value Engineering Study Wastewater System Improvement Project — In particular the Westside Collection System Improvements (hereinafter referred to as Project) City of Fayetteville RJN Group, Inc. (hereinafter referred to as RJA) VALUE ENGINEERING JOB PLAN Value engineenng (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 Intemational Value Methodology Standard. Following this Job Plan for the VE study will satisfy State and Federal requirements for VE on this project. WORK TO BE PERFORMED RSR will provide the following services in accordance with this scope of services and the terms of the Agreement. Pre -workshop Activities RSR will perform pre -workshop activities to include those tasks which 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 City of Fayetteville with scheduling study participants 1 SCOPE OF SERVICES • coordination of the necessary documentation on the project for distribution to the VE team members • compiling project data into a cost model(s) • document review Scheduling Study Participants The VE team members will come from a combination of City of Fayetteville and RSR. RSR will assist City of Fayetteville in identifying candidate team members for the workshop. RSR will work cooperatively with City of Fayetteville to make final selection of individuals to fulfill the desired discipline roles. RSR will be responsible for all contractual and payment issues with RSR provided team members. RSR will communicate directly with all team members relative to scheduling, pre -workshop, workshop and post workshop activities. Cost Models If the cost estimate and other appropriate information are provided prior to the workshop, RSR will develop a cost model(s) which will convey to the team members which project elements or features or functions are driving the cost of the project. These models 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 City of Fayetteville will distribute the project documents to be studied 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 (4) hours reviewing these documents in advance of the workshop. The VE team cost estimator will be instructed by RSR to spend up to eight (8) hours reviewing and validating project costs in advance of the workshop. Workshop 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 24- 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 City of Fayetteville 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 of Fayetteville's objectives and the details of that design. The workshop will include a complete 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 of Fayetteville decision makers before proceeding with development of recommendations. On the 2 SCOPE OF SERVICES last day of the workshop, a presentation of the recommendations will be provided to. City of Fayetteville decision makers. The workshop will be held in Fayetteville, AR. Presentations To make sure the VE team has complete information about the project criteria, City of Fayetteville will provide at a minimum, the City of Fayetteville 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. Site Visit A site visit will be conducted on the afternoon of the first day of the workshop. This site visit will be attended by the VE team, City of Fayetteville representatives, and representatives of the design team. Post Workshop RSR will provide the deliverables described herein. Workshop Logistics RSR will provide: • the workshop room • refreshments for team members and other participants • easy access to a telephone, copy machine, and a facsimile machine City of Fayetteville will provide at no cost to RSR: • an overhead projector for the first and last days of the workshop • an easel with a pad of paper VE STUDY TEAM "fhe VE Study Team for this workshop will include up to eight team members. RSR is responsible for providing the VE Team Leader. RSR will also provide team members for the disciplines specified below. City of Fayetteville will provide additional 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). 3 SCOPE OF SERVICES RSR will also provide a VE Team Assistant during the workshop to assist with administrative activities and to begin preparation of the study report. This will improve the VE Team's effectiveness and expedite the report delivery. VE Team Members RSR will provide team members for the following disciplines: • Granville White, Estimator/Constructability • Jeff Kaiser, Pumping/Hydraulics • Tim Nebergall, Pipelines/General Civil City of Fayetteville will provide team members for the following disciplines at no cost to RSR: • Lynn Hyke, WSIP Construction Manager • One Farmington Representative • One OMI Representative for Lift Station and SCADA Issues The specific individuals provided will be identified and selected jointly by the RSR VE Team Leader and the City of Fayetteville 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 • 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 including capital and the present worth of O&M savings • List of design suggestions 4 SCOPE OF SERVICES 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 and design suggestions developed by the VE team during the workshop. Draft VE Study Report The purpose of this draft report is to give the City of Fayetteville 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. City of Fayetteville will provide written comments in compliance with the attached schedule. If comments are not received by the specified due date, RSR will proceed with preparation of the final report. 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 City of Fayetteville'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 City of Fayetteville with the following number of copies of each report: Preliminary VE Study Report 15 Draft VE Study Report 2 Final VE Study Report 15 SCHEDULE This value engineering study will be conducted in accordance with the following schedule. Notice to Proceed At City of Fayetteville's Convenience Organization Phone Calls At City of Fayetteville's Convenience City of Fayetteville to Distribute Documents One week prior to VE Workshop VE Workshop December 4-6, 2006 Submit Preliminary VE Study Report Week of December 11, 2006 Written Responses to RSR At City of Fayetteville's Convenience Submit Draft VE Study Report Ten working days following written responses to Preliminary VE Report 5 SCOPE OF SERVICES Comments on Draft VE Study Report Submit Final VE Study Report Ten working days following receipt of Draft VE Study Report Ten working days following receipt of comments to Draft VE Study Report • 6 As' David Jurgens_ Submitted By City of Fayetteville Staff Review Form City Council Agenda Items or Contracts 21 -Nov -06 City Council Meeting Date WW System Improvement Project Water/Wastewater Division Action Required: Department Fayetteville City Administration recommends approval of an Engineering contract with Robinson, Stafford and Rude, Inc., (RSR) in the amount of $39,844.00, for value engineering (VE) services with respect to the Farmington and western Fayetteville area WSIP engineering design. Funds are available in Fiscal Year 2006 WSIP budget. Although Fayetteville is executing contract management and oversight, Farmington is bearing the full cost of this study and will reimburse Fayetteville when the expenses are incurred, leaving no net cost to the City of Fayetteville.. $0.00 Cost of this request 4480.9480.5315.00 Account Number 02133-0401 114, 765, 766 Category / Project Budget Wastewater System Imp Project Program Category / Project Name • 109,705,364 Water and Wastewater Funds Used to Date 5,060,402 Project Number. Remaining Balance Budgeted Item XX Budget Adjustment Attached Program / Project Category Name Water/Sewer Fund Name Depa ent D ector City Attorney 3/0o0 0j; Date Finance and Internal Service Director Mayor Date Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in ! ity Cler"s Office ENTERED Comments: clo /�/5/v 6 alyakmed City Council Meeting of November 21, 2006 CITY COUNCIL AGENDA MEMO To: Fayetteville City Council Thru: Mayor Dan Coody From: Fayetteville Sewer Committee David Jurgens, Water & Wastewater Director Date: November 3, 2006 Subject: Approval of an Engineering contract with RobiiSson, Stafford and Rude, Inc., (RSR) in the amount of $39,844.00, for value engineering (VE) services with respect to the Farmington and Western Fayetteville area WSIP engineering design. RECOMMENDATION Fayetteville City Administration recommends approval of an Engineering contract with Robinson, Stafford and Rude, Inc., (RSR) in the amount of $39,844.00, for value engineering (VE) services with respect to the Farmington and western Fayetteville area WSIP engineering design. Although Fayetteville is executing contract management and oversight, Farmington is bearing the full cost of this study and will reimburse Fayetteville when the expenses are incurred. BACKGROUND Farmington intends to apply for Arkansas Natural Resources Commission Revolving Loan Fund support. In order to meet RLF requirements, a formal Value Engineering study must be performed on the design. RSR performed the VE studies for all other aspects of the WSIP, and the City was very pleased with their work. In order to ensure the same level of quality service as was applied to the entire WSIP, Farmington requested we use the same VE consultant. The VE is scheduled for mid-December, and must be completed at that time in order to not delay the overall project. DISCUSSION Design work for the Farmington and southwest portion of Fayetteville portions of the WSIP was deferred pending the results of the Farmington -Fayetteville sewer negotiations. The negotiations are complete, and identified the desired layout of the sewer system in this area. The contract between the two cities shall identify the mechanisms for cost reimbursement. The VE study brings a highly experienced team of experts who havohad no involvement with the project together to evaluate the project with a completely independent, detached viewpoint. The VE team will evaluate every aspect of the project to include routing, hardware, functional designs, construction methods, etc., in a focused effort to increase the net value of the project. The VE teams for the rest of the WSIP identified several improvements through their work. BUDGET IMPACT Farmington has agreed to reimburse Fayetteville for these VE services in the sewer services contract between Fayetteville and Farmington. WL -10-11-12 RSR VE CCMemo Nov06.doc RESOLUTION NO. A RESOLUTION APPROVING A CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES WITH ROBINSON, STAFFORD AND RUDE, INC. (RSR) IN THE AMOUNT OF $39,844.00 (TO BE WHOLLY REIMBURSED BY THE CITY OF FARMINGTON) TO PROVIDE VALUE ENGINEERING SERVICES FOR THE FARMINGTON AND WEST FAYETTEVILLE AREA WASTEWATER SYSTEM IMPROVEMENT PROJECT ENGINEERING DESIGN. BE IT RESOLVED BY- THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a contract for Professional Engineering Services with Robinson, Stafford and Rude, Inc. (RSR) in the amount of $39,844.00 (to be wholly reimbursed by the City of Farrrungton) to provide value engineering services for the Farmington and West Fayetteville Area Wastewater System Improvement Project (WSIP) engineering design. A copy of the contract, marked Exhibit "A," is attached hereto and made a part hereof. PASSED and APPROVED this 21St day of Noveem APPROVED: OODY, Mayor By SONDI A SMl;City Clerk PROJECT: ADDRESS: TELEPHONE: FACSIMILE: FED ID/BUS. NO.: CONTACT NAME: RSR PROFESSIONAL SERVICES AGREEMENT CONSULTANT Robinson, Stafford & Rude, Inc. (hereinafter RSR) 9206 W. 90th Street Overland Park, KS 66212 913-381-0603 913-642-7883 91-1809438 James L. Mohart RSR PROJ. NO: 09701M CLIENT City of Fayetteville, Arkansas (hereinafter City of Fayetteville) 113 West Mountain Street . Fayetteville, AR 72701 479-575-8330 479-575-8257 71-6018462 Davidlurgens PROJECT DESCRIPTION: Value Engineering Services for Wastewater System Improvement Project, Farmington and West Fayetteville Area, Subprojects WL -10, WL -11, and WL -12. COMPENSATION: The total compensation under this Agreement shall not exceed the dollar amount indicated in this agreement, or the amount authorized by amendments and/or notices to proceed, whichever is lesser. The form of payment shall be as indicated below: X LUMP SUM. Compensation for these ser (ices shall be a Lump Sum of $ 39 844 .00. Of TIME F. MATERIALS. Co...p ...as ies fewthee.. 9 ee .et ertee.,d E In the event services beyond those specified in the Scope of Services, and not included in the compensation above, are required, RSR will submit a fee estimate for such services and a contract modification will be negotiated and approved by the City of Fayetteville prior to any effort being expended on such services. RSR IS AUTHORIZED TO BEGIN SERVICES BASED ON: X execution of agreement or written notice to proceed TERMS OF CONTRACT • 1. EXECUTION AND INITIATION. This Agreement becomes effective upon signatures by authorized representatives of City of Fayetteville.and RSR and upon receipt of a fully executed original by both City of Fayetteville and RSR. RSR shall provide and' complete these services in accordance with the terms of this Agreement and any Scope of Work herein and will initiate services as noted above., • 2. COMPLETION. RSR will complete the services within the time specified in the Scope of work, unless delayed byactionsbeyond the control of RSR. Should such delays occur, the schedule shall be extended by the amount of the delay. 3. TERMINATION. This agreement shall remain in force until completion of the services and receipt of full payment by RSR, unless terminated by mutual agreement. Either party upon 10 days written notice may terminate this.agreenient for cause. In the event of such termination, City of Fayetteville will pay RSR the portion of the Compensation defined above which has been earned through the date of termination, including any RSR expenses associated with the termination. 4. STANDARD OF CARE Services provided by RSR under this agreement will 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. , 5. OWNERSHIP OF DOCUMENTS. All documents, including documents on electronic media, prepared under this agreement are instruments of service and are, and shall remain the property of RSR. RSR retains all common law, statutory, and other reserved rights, including the copyright thereto. These documents shall not be used for any purpose other than those authorized under this Agreement without the prior written authorization of and appropriate compensation to RSR. Page 1 of 3 6. MUTUAL UNDERSTANDING OF SERVICES. City.of Fayetteville and RSR agree that the purpose.of value analysis and value engineering is the identification and presentation of recommendations for improvement of project or process value, for consideration by City of Fayetteville and their other professional advisors. Both parties understand that as a part of these services, RSR does no design work and makes no project decisions. .City of Fayetteville and RSR agree that RSR will be liable to the City of Fayetteville only for damages arising from RSR's negligence in the performance of the Value Analysis or Value Engineering work itself, and only to the extent that such negligence damages the"City' of Fayetteville. 7. SCHEDULE OF PAYMENTS If compensation for the services under this agreement is Lump Sum; RSR will invoice City of Fayetteville for 10051of RSR subconsultant costs plus 80% of the RSR fee upon completion of the workshop and delivery to the City of Fayetteville of the preliminary report and the remaining 20% of the compensation upon delivery of the final report, as defined in the Scope of Work. If compensation is in another form, RSR will invoice the City of Fayetteville once for the services completed through completion of the workshop and delivery of the preliminary report, and again upon project completiofr•and'delivery of the final report. • City of Fayetteville will pay said invoices within 30 days of the invoice date. City of Fayetteville agrees to pay RSR interest in the amount of 1.5 percent per month for all amounts remaining unpaid 30 days after the invoice date:. : • 8. COLLECTION COSTS. In the event -legal action is necessary to enforce the payment provisions of this Agreement, City of Fayetteville will pay RSR for any judgment or settlement sums due, reasonable attorneys' fees, court costs and expenses incurred by RSR in connection therewith, and in addition; the reasonable value' of RSR's staff time and expenses spent in connection with such collection action computed at RSR's prevailing rate schedule and expense policies. 9. AUDIT AND ACCESS TO RECORDS. RSR cost records pertaining to this Agreement will be kept for inspection by representatives of the City of Fayetteville, and Governmental Agencies for a period of three (3) years after final payment.. City of Fayetteville will be given reasonable access t� review said records for the purpose of confirming the reasonableness of RSR fees with - prior notice at the offices of RSR. . 10. EQUAL OPPORTUNITY EMPLOYMENT. RSR shall comply with federal, state and local regulations pertaining to Equal Opportunity Employment and minority hiring, andfairemploymentpractices. .. 1 I. INDEPENDENT CONSULTANT. RSR and its staff are and shall beat all times during the -term' of this Agreement independent consultants and not employees or agents of the City of Fayetteville. 12. COMPLIANCE WITH LAWS. RSR shall comply with Federal, State, and local laws and ordinances applicable to the services to be provided under this Agreement. _. 13. INSURANCE. RSR shall'niaintainWorkefs Compensation (andEmployer's Liability Insurance) as required br applicable state statute, and Commercial General Liability Insurance. 14. DISPUTES. The laws of the State of Arkansas shall govern any action for claims arising out of or relating to this Agreement. 15. ASSIGNMENT. Neither RSR nor the City of Fayetteville shall assign, transfer, or -encumber any rights, duties or interests • accruing from this Agreement without the express written consent of the other. 16. CHANGES, MODIFICATIONS, OR AMENDMENTS. Changes, modifications, or amendments in'scope, price or fees to this- contract hincontract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. • 17. FREEDOM OF INFORMATIONACT.- City •contracts and documents prepared while performing City eontractual,werk are subject to the Arkansas Freedom of Information Act. If a Freedom -of-Mtn/non Act request is presented to'the City of Fayetteville, RSR will do everything possible to provide the documents in a:prompt aiid timely manner as prescribed in the Arkansas Freedom of Information Act.(A.C.A Section 25-19-101 et. Seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. Execution of this document by duly authorized representatives of the City'of Fayetteville and RSR,iacluding•any attachments represents the entire agreement between the.parties hereto and -supersedes all prior negotiations, representations, or agreements, either written or oral. This agreement may be amended Sr modified only by written instrument, valid only upon signature by both parties. Page 2 of 3 • • ROBINSON, STAFFORD & RUDE, INC. CITY OF FAYETTEVILLE BY: BY: SIGNATURE- SIGNATURE. TITLE: TITLE: DATE: DATE: Attached: X Scope of Services X Budget Worksheet _ Special Provisions Distribution: City of Fayetteville, RSR Project Manager, RSR Financial Officer 12/98 4 Page 3 of 3 SCOPE OF SERVICES Client: City of Fayetteville (hereinafter referred to as City of Fayetteville) Consultant: Robinson, Stafford, & Rude, Inc. (hereinafter referred to as RSR) Services: Value Engineering Study • Project:. Wastewater System Improvement Project — In particular the Westside Collection System Improvements (hereinafter referred to as Project) Project Location: City of Fayetteville Project Designer. RJN Group, Inc. (hereinafter referred to as RJN) VALUE ENGINEERING JOB PLAN 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. Following this Job Plan for the VE study will satisfy -State and Federal requirements for VE on this project.. WORK TO BE PERFORMED RSR will provide the following services in accordance with this scope of services and the terms of the Agreement. • Pre -workshop Activities RSR will perforrdpre-workshop activities to include those tasks which 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 City of Fayetteville with scheduling study participants SCOPE OF SERVICES • coordination of the necessary documentation on the project for distribution to the VE team members • compiling project data into a cost model(s) • document review Scheduling Study Participants The VE team members will come from a combination of City of Fayetteville and RSR. RSR will assist City of Fayetteville in identifying candidate team members for the workshop. RSR will work cooperatively with City -of Fayetteville to make final selection of individuals to fulfill the desired discipline roles. RSR will be responsible for all contractual 'and payment issues with RSR provided team members. RSR will communicate directly with all team members relative to scheduling, pre -workshop, workshop and post workshop activities. Cost Models If the cost estimate and other appropriate information are provided prior to the workshop, RSR will develop a cost model(s) which will convey to the team members.which project elements or features or functions are driving the cost of the project. These inodels 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 City of Fayetteville will distribute the project documents to be Studied 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 (4) hours reviewing these documents in advance of the workshop. The VE team cost estimator will be instructed by RSR to spend up to eight(8) hours reviewing and validating project costs in advance of the workshop. Workshop RSR will conduct the value engineering workshop using ajob.plan that is consistent with the practices and procedures recognized by SAVE International. This job planwiltincludeta 24- 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 City of Fayetteville 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 of Fayetteville's objectives and the details of that design. The workshop will include a complete 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 of Fayetteville decision makers before proceeding with development of recommendations. On the 2 SCOPE OF SERVICES last day of the workshop, a presentation of the recommendations will be provided to City of Fayetteville decision makers. The workshop will be held in Fayetteville, AR. Presentations To make sure the VE team has complete information about the project criteria; City of Fayetteville will provide at a minimum, the City.of Fayetteville 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. Site Visit A site visit will be conducted on the afternoon of the firstday of the workshop. This site visit will be attended by the VE team, City of Fayetteville representatives, and representatives of the design team. Post Workshop RSR will provide the deliverables described herein. Workshop Logistics RSR will provide: • the workshop room • . refreshments for team members and other participants • easy access to a telephone, copy machine, and a facsimile machine City of Fayetteville will -provide at no. cost to RSR: • an overhead projector for the first and last days of the workshop • an easel with a pad of paper VE STUDY TEAM The VE Study Team for this workshop will include up to eight team members. RSR is responsible for providing the VE Team Leader. RSR will also provide: team members for the disciplines specified below. City of Fayetteville will provide additional 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). • SCOPE OF SERVICES • RSR will also provide. a VE Team Assistant during the workshop to assist with administrative . activities and to begin preparation of the study report. This will improve the VE Team's effectiveness and expedite the report delivery. VE Team Members RSR will provide team members for the following disciplines: • Granville White, Estimator/Constructability • Jeff Kaiser, Pumping/Hydraulics • Tim Nebergall, Pipelines/General Civil City. of Fayetteville will provide team members for the following.disciplines at nocost to RSR: • Lynn Hyke, WSIP Construction Manager • One Farmington Representative • One OMI Representative for Lift Station and SCADA Issues The specific individuals provided will be identified and selected jointly by the RSR VE Team Leader and. the City of Fayetteville Project Manager. In general, these will be individtials 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 • 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 including capital and the present worth of O&M savings • List of design suggestions SCOPE OF SERVICES. 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 and design suggestions developed by the VE team during the workshop. Draft VE Study Report The purpose of this draft report is to give the City of Fayetteville 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. City of Fayetteville will provide written comments in compliance with the attached schedule. if comments are not received by the specified due date, RSR will proceed with preparation of the final report. 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 City of Fayetteville's comments. The cover of the report will dearly 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 City of Fayetteville with the following number of copies of each report: Preliminary VE Study Report 15 Draft VE Study Report 2 Final VE Study Report 15 SCHEDULE This value engineering study will be conducted in accordance with the following schedule. Notice to Proceed At City ofFayetteville's Convenience Organization Phone Calls At City of Fayetteville's Convenience City of Fayetteville to Distribute Documents One week prior to VE Workshop VE Workshop December 4-6, 2006 Submit Preliminary VE Study Report Week of December 11, 2006 Written Responses to RSR At City of Fayetteville's Convenience Submit Draft VE Study Report Ten working days following written responses to Preliminary VE Report 5 • SCOPE OF SERVICES Comments on Draft VE Study Report Submit Final VE Study .Report Ten working days following receipt of Draft VE Study Report Ten working days following receipt of comments to Draft VE Study Report 6 VE Study Cost:Summaty 09701M Westside WW Collection System. Robinson, Stafford & Rude Total Labor $17,898 Expenses $5,495 Subconsultant Administration 10.0% $1,496 Subtotal RSR $24,889 Subconsultants % of . MBE/ Total Total WBE OLSSON ASSOC.. $4,162 10.4% BLACK & VEATCH $5,817 14.6% KWAME BLDG GROUP $4,976 12.5% Subtotal Subconsultants $14,955 37.5% TOTAL COST $39,844 Total Percentage for MBEs $0 0.0% Total Percentage for WBEs $0 0.0% Robinson, Stafford & Rude, Inc. Budget Worksheet Westside WW Collection System RSR Project No.: - 09701M Workshop Location: Fayetteville, AR; Workshop Dale: Dec 4-6, 2006 - Team Member Discipline c - E 0 a ra o L c c N @ Y i `o >1 E' 0 N a Hours a 0 0 1- 16 0 O CL Total Hours Rate Total Cost Jim Mohart VE Team Leader 7 12.5 24 26 69.5 $ 175.00 $ 12,163 -$ 120 Assistant VE Team Leader _ Supplies & Miscellaneous 0 $ - - 0 $ 175.00 $ .- - AVS- - $ - -$ - 0 $ 125.00 $ QA 0 $ - $ 4 4 $ 175.00 ' $ 700 Technical Writer $ 75.00 $ Airport Parking . 8 8 $ 90.00 $ - 720 0 Graphics $ - Personal Mileage 4 4 $ 75.00 $ 300 $ 0.445 Admin Assistant 7 8 32 . 26 73 $. 55.00 $ 4,015 Total Labor Expenses Item Quanti Total Quanti $ 17,898 Rate Total Cost : Airfare $ - 70 - $ 100 $ 320 0 $ $ - Airfare -$ 120 . $. 100 $ 365. Supplies & Miscellaneous 0 $ - - $ - Airfare $ 285 - 0 $ - -$ - Airfare 0 $ - $ Rental Car 0 $ 75.00 $ Airport Parking . 0 $ 18.00 $ - Personal Mileage 600 600 $ 0.445 $ 267 Airport Transportation 0 $ 50.00 $ - Local Transportation 0 $ 5.00 $ - Local Parking 0 $ 10:00 $ - Lodging - 6 6 $ 100.00 $ 600 Meals '6 6 $ 35.00 $ 210 Copying 100 1000 0 500 1600 $ 0.10 $ 160 Copy Machine Rental 0 $ 400.00 $ - Conference Room 3 3 $ 75.00 $ 225 Team Refreshments 3 3 $ 116.00 $ 348 Postage & Shipping $ - 70 $ 125 $ 100 $ 320 $ 615 Telephone (incl. on-site mobi $ 70 $ 75 -$ 120 . $. 100 $ 365. Supplies & Miscellaneous $ 10 $ 100 $ 75 $ 100 $ 285 • Reports Total Prelim Draft Final Quantity Rate 1 15 i 2 1 15 1 32 i$ 60.00 1$ 1,920 1. Subtotal Expenses Mark-up on Expenses $ 4,995 10% $ 500 Total Expenses $ 5,495 Total Cost - $ 23,393 11/212006 1:16 PM OLSSON ASSOC' Budget Workeheet- Westside WW Collection System RSR Project No.: 09701M Workshop Location: Fayetteville, AR Workshop Date: Dec 4-6, 2006 • Study Managomant Team Member Pro.Workshop Post Workshop Total Hours Hours- Rate Tim Negerball , Piping/Hydraulics - No Airfare 4 24 28 ' $ 116:00 TotalCost $ `10 - - . ' 0 . $ $ , 3,248. - $ - - $ - 0 - - $ - $ . 0 $. - - $ 0 .$. $ - $ - $ - - $ 0 $ . - .$ - Total'Labor Expenses Tim Wegerball • Total Expenses Total Cost $ 3,248 Total -- - - `{"emit' Quantity Rate Total Cost: No Airfare Lincoln, NE _ $ Telephone $ `10 - - $ 5 $ 10 0 $ - - $ - . 0 $. - - $ 0 . $ - - $ - 0 $ - $ Rental Car - - 0 $ 75 - $ Airport Parking - - -0. .' '$. 18.00 - $ Personal'Mileagel - - -. 900 ' .. 900 . :$ 0.445 - $ 401 Airport Transportation - Local Transportation - 0.$„ 5.00 $ - Lobal Parking _ 0,. -$ 10.00 $ - Lodging _ - 3 3 - $. 100.00 $ 300 Meals _ 3 3 $ 35.00 $ 105 Copying . - - . 0 .. '$ '0.10 $ - -- Postage 8 Shipping - _ $ Telephone $ `10 - $ 10$ Supplies & Miscellaneous - $ 5 $ 10 , 15 Subtotal Expenses Mark-up on Expenses $ 831 10% $ 83 $ 914 $ 4,162 11/2/2006 BLACK:&• VEATCH Budget. Worksheet Westside WW. Collection. System • RSR Project No.: 09701M 'Workshop Location: Fayetteville, AR Workshop Date: Dec 4-6, 2006 Pre -Workshop Hours 0. 0 0 0 Post Workshop Total Hours Rate Total Cost Jeff Kaiser : - Hydraulics/Pumps SL Louis, MO 4 24 28 $ 178.60 $. 5,001 $ . - .... $ 10 Supplies & Miscellaneous 0 . $ - $ - $ ' - $ - . 0-' $ - $ 0 $ - $ 0 $ - $ - 0 $ - $ 0 $ - $ - Total Labor Expenses Jeff Kaiser Total Expenses Total Cost nti Total Quanti Rate $ 5,001 Total Cost No Airfare. • SL Louis, MO - $ - 0 - $ - $ . - .... $ 10 Supplies & Miscellaneous $.. 5 - 0 $ ' - $ - 0 $ - $ . 0 $ - $ 0 $ - $ Rental Car - 0 -,., .$ 75 $ - AirportParkinq 0 •.: $ 18.00 $ Personal•Mileagel 700 700 '$ 0.445 $ 312 Airport Transportation 0 $ • 50.00 $ - Local Transportation . - 0 :'$ - 5.00 $ - Local Parking - - . _ r 0 . . •$ 10.00 $ - Lodging - - 3 3 $ .100.00 $ 300 Meals 3 3 $ 35.00 $ 105 Copying - .. 0 ' .. $' 0.10. $ - Postage & Shipping . - $ - Telephone - - .. $ 10 - . .... $ 10 Supplies & Miscellaneous $.. 5 $ 10 $ 15 Subtotal Expenses Mark-up on Expenses 10% $ 742 74 816 $. .5,817 11/2/2006 RSR Project No.: Workshop Location: Workshop Date: Team Member 09701 M Fayetteville, AR Dec 4-6, 2006 Di KWAME BLDG GROUP Budget Worksheet Westside WW Collection System c 0 E 0 co m C 2N -o rn 0 Y O Total Hours trate l otal Cost Granville White Estimator/Construclability 8 24 32 $ 130.00 $ 4,160 $ - $ - $ 10 Supplies & Miscellaneous 0 $ - $ 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - Total Labor Expenses Granville White Total Expenses Total Cost $ 4,160 Total Subtotal Expenses Mark-up on Expenses $ 742 10% $ 74 $ 816 $ 4,976 11/2/2006 J Y 7 MOW 1 Utdl bUSI No Airfare St. Louis, MO $ Telephone 0 $ - $ - $ 10 Supplies & Miscellaneous $ 5 $ 10 0 $ - $ - 0 $ - $ - 0 $ - $ - 0 $ - $ - Rental Car 0 $ 75 $ Airport Parking - 0 $ 18.00 $ Personal Mileage! 700 700 $ 0.445 $ 312 Airport Transportation 0 $ 50.00 $ - Local Transportation 0 $ 5.00 - $ - Local Parking - 0 $ 10.00 $ - Lodging 3 3 $ 100.00 $ 300 Meals 3 3 $ 35.00 $ 105 Copying 0 $ 0.10 $ - Subtotal Expenses Mark-up on Expenses $ 742 10% $ 74 $ 816 $ 4,976 11/2/2006 Postage & Shipping $ Telephone $ 10 $ 10 Supplies & Miscellaneous $ 5 $ 10 $ 15 Subtotal Expenses Mark-up on Expenses $ 742 10% $ 74 $ 816 $ 4,976 11/2/2006 From: Clarice Pearman To: Jurgens, David Date: 11.29.06 10:06 AM Subject: Sp. City Council Mtg Items David, The Council passed your items for FUN Group and Robinson, Stafford & Rude. However I do not have original signed agreements for these items. I do have the agreements for Farmington. Please get the signed agreements to me to complete the processing. Thanks. Clarice • (11.29.06) Clarice Pearman - Sp. City Council Mtg Items Page 11 From: Clarice Pearman To: Jurgens, David Date: 11.29.06 10:06 AM Subject: Sp. City Council Mtg Items David, The Council passed your items for FUN Group and Robinson, Stafford & Rude. However I do not have original signed agreements for these items. I do have the agreements for Farmington. Please get the signed agreements to me to complete the processing. Thanks. Clarice • LOU L/9 pasinay l (12.8.06) Clarice Pearman - Res. 200-06 Page 1 From: .Clarice Pearman To: Jurgens, David Date: 12.8.06 11:09 AM Subject: Res. 200-06 Attachments: 200-06 Robinson Stafford & Rude Inc.pdf CC: Audit; Vice, Peggy David: Attached is a copy of the above resolution passed by City Council November 21, 2006 regarding Robinson, Stafford & Rude Inc. The mayor had been out of town and I've finally got signatures and processed ordinances and resolutions to return. I will forward to you two of three agreements and pass along the purchase requisition to Purchasing. Thank you for your patience and sorry for the inconvenience. Have a good day. Thanks. Clarice Clarice Buffalohead-Pearman, CMC City Clerk(rreasurer Division 113 West Mountain Fayetteville, AR 72701 479-575-8309 cpearman@ci.fayetteville.ar.us