HomeMy WebLinkAbout000745 Original Contract City of Port Angeles
Record #000745
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF PORT ANGELES
AND
ANCHOR QEA, LLC
Landfill Cell Stabilization, Project No. 02-12
RELATING TO: Landfill Cell Stabilization Project Construction Management Services
THIS AGREEMENT is made and entered into this J day of
2014, by and between THE CITY OF PORT ANGELES, a non-charter coae city of the State of
Washington, (hereinafter called the "CITY") and Anchor QEA, LLC, located at 720 Olive Way,
Suite 1900, Seattle, Washington 98101 authorized to do business in the state of Washington
(hereinafter called the "CONSULTANT").
WHEREAS, the CITY desires construction management services assistance related to the
Landfill Cell Stabilization Project, 02-12; and
WHEREAS, the CITY desires to engage the professional services and assistance of a qualified
consulting firm to perform the Scope of Services as detailed in Exhibit A, and
WHEREAS, the CONSULTANT represents that it is in full compliance with the statutes of the
State of Washington for professional registration and/or other applicable requirements, and
WHEREAS, the CONSULTANT represents that it has the background, experience, and ability
to perform the required work in accordance with the standards of the profession, and
WHEREAS, the CONSULTANT represents that it will provide qualified personnel and
appropriate facilities necessary to accomplish the work;
NOW, THEREFORE, in consideration of the above representations and the terms, conditions,
covenants, and agreements set forth below, the parties hereto agree as follows:
I SCOPE OF SERVICES
General Scope. The scope of professional services to be performed and the results to be
achieved by the CONSULTANT shall be as detailed in the attached Exhibit A and shall include
all services and material necessary to accomplish the work.
The CITY may review the CONSULTANT'S services, and if they do not meet the Professional
Standard of Care the CONSULTANT shall make such changes as may be required by the
CITY. Such changes shall not constitute "Extra Work" as related in Section X11 of this
Agreement. Any changes made necessary due to causes outside the CONSULTANT'S
reasonable control shall be provided as an extra work herein.
The CONSULTANT agrees that all services performed under this Agreement shall be in
accordance with the standards of the engineering profession for similar services on similar
projects of like size and nature and in compliance with applicable federal, state and local laws.
The Scope of Services may be amended upon written approval of both parties.
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11 OWNERSHIP OF DOCUMENTS
Upon completion of the work, all documents, exhibits, digital photos, or other presentations of
the work, with the exception of those standard details and specifications regularly used by the
CONSULTANT in its normal course of business, shall upon payment of all amounts rightfully
owed by the CITY to the CONSULTANT herein become the property of the CITY for use
without restriction and without representation as to suitability for reuse by any other party
unless specifically verified or adapted by the CONSULTANT. However, any alteration of the
documents, by the CITY or by others acting through or on behalf of the CITY, will be at the
CITY's sole risk. Consultant may keep a copy of the project documents for their records.
III DESIGNATION OF REPRESENTATIVES
Each party shall designate its representatives in writing. The CONSULTANT'S representative
shall be subject to the approval of the CITY.
IV TIME OF PERFORMANCE
The CONSULTANT may begin work upon execution of this agreement by both parties and
written direction to proceed from the CITY. The duration of the Agreement shall extend
through December 31, 2015. The work shall be completed in accordance with the schedule set
forth in the attached Exhibit B.
V PAYMENT
The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. Such
payment shall be full compensation for work performed, services rendered, and all labor,
materials, supplies, equipment and incidentals necessary to complete the work.
A. Payment shall be on the basis of the CONSULTANT'S cost for actual labor, overhead and
profit plus CONSULTANT'S direct non-salary reimbursable costs as set forth in the
attached Exhibit D.
B. The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices shall
detail the work, hours, employee name, and hourly rate; shall itemize with receipts and
invoices the non-salary direct costs, subconsultants, and outside services; shall indicate
the specific task or activity in the Scope of Service to which the costs are related; and shall
indicate the cumulative total for each task.
C. The CITY shall review the invoices and make payment for the percentage of the project
that has been completed less the amounts previously paid.
D. The CONSULTANT invoices are due and payable within 30 days of receipt. In the event
of a disputed billing, only the disputed portion will be withheld from payment.
E. Final payment for the balance due to the CONSULTANT will be made after the completion
of the work and acceptance by the CITY.
F. Payment for"Extra Work" performed under Section XII of this Agreement shall be as
agreed to by the parties in writing.
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VI MAXIMUM COMPENSATION
Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total compensation
and reimbursement under this Agreement, including labor, direct non-salary reimbursable
costs, subconsultant costs and outside services, shall not exceed the maximum sum of
$1,429,000.00. The budget for each task is as set forth in the attached Exhibit C. Budgets for
task(s) may be modified upon mutual agreement between the two parties, but in any event, the
total payment to CONSULTANT shall not exceed $1.429,000.00.
VII INDEPENDENT CONTRACTOR STATUS
The relation created by this Agreement is that of owner-independent contractor. The
CONSULTANT is not an employee of the CITY and is not entitled to the benefits provided by
the CITY to its employees. The CONSULTANT, as an independent contractor, has the
authority to control and direct the performance of details of the services to be provided. The
CONSULTANT shall assume full responsibility for payment of all Federal, State, and local
taxes or contributions imposed or required, including, but not limited to, unemployment
insurance, Social Security, and income tax.
Vill EMPLOYMENT
Employees of the CONSULTANT, while engaged in the performance of any work or services
under this Agreement, shall be considered employees of the CONSULTANT only and not of
the CITY, and claims that may arise under the Workman's Compensation Act on behalf of said
employees while so engaged, and any and all claims made by a third party as a consequence
of any negligent act or omission on the part of the CONSULTANT'S employees while so
engaged, on any of the work or services provided to be rendered herein, shall be the sole
obligation and responsibility of the CONSULTANT.
In performing this Agreement, the CONSULTANT shall not employ or contract with any CITY
employee without the CITY's written consent.
IX NONDISCRIMINATION
The CONSULTANT shall conduct its business in a manner which assures fair, equal and non-
discriminatory treatment of all persons, without respect to race, creed or national origin, or
other legally protected classification and, in particular:
A. The CONSULTANT shall maintain open hiring and employment practices and will welcome
applications for employment in all positions, from qualified individuals who are members of
minorities protected by federal equal opportunity/affirmative action requirements; and,
B. The CONSULTANT shall comply with all requirements of applicable federal, state or local
laws or regulations issued pursuant thereto, relating to the establishment of non
discriminatory requirements in hiring and employment practices and assuring the service
of all persons without discrimination as to any person's race, color, religion, sex, Vietnam
era veteran status, disabled veteran condition, physical or mental handicap, or national
origin.
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X SUBCONTRACTS
A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement
without the written consent of the CITY.
B. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT
for work to be performed pursuant to a subcontract, including procurement of materials
and equipment, each potential sub-consultant or supplier shall be notified by the
CONSULTANT of CONSULTANT's obligations under this Agreement, including the
nondiscrimination requirements.
X1 CHANGES IN WORK
Other than changes directed by the CITY as set forth in Section I above, either party may
request changes in the Scope of Services. Such changes shall not become part of this
Agreement unless and until mutually agreed upon and incorporated herein by written
amendments to this Agreement executed by both parties.
X11 EXTRA WORK
The CITY may desire to have the CONSULTANT perform work or render services in
connection with this Agreement, in addition to the Scope of Services set forth in Exhibit A and
minor revisions to satisfactorily completed work. Such work shall be considered as "Extra
Work" and shall be addressed in a written supplement to this Agreement. The CITY shall not
be responsible for paying for such extra work unless and until the written supplement is
executed by both parties.
XIII TERMINATION OF AGREEMENT
A. The CITY may terminate this Agreement at any time upon not less than ten (10) days
written notice to the CONSULTANT. Written notice will be by certified mail sent to the
CONSULTANT's designated representative at the address provided by the CONSULTANT.
As a condition precedent to termination for cause the CONSULTANT shall be given the
notice period to cure such cause and shall have failed to so cure.
B. In the event this Agreement is terminated prior to the completion of the work, a final
payment shall be made to the CONSULTANT, which, when added to any payments
previously made, shall compensate the CONSULTANT for the work completed.
C. In the event this Agreement is terminated prior to completion of the work, documents that
are the property of the CITY pursuant to Section 11 above, shall be delivered to and
received by the CITY prior to transmittal of final payment to the CONSULTANT.
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XIV INDEMNIFICATION/HOLD HARMLESS
CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, employees
harmless from any and all claims, injuries, damages, losses or suits including attorney fees,
arising out of or resulting from the negligent acts, errors or omissions of the CONSULTANT in
performance of this Agreement, except for injuries and damages caused by the sole
negligence of the CITY.
The CITY agrees to indemnify the CONSULTANT from any claims, damages, losses, and
costs, including, but not limited to, reasonable attorney's fees and litigation costs, arising out of
claims by third parties for property damage and bodily injury, including death, caused solely by
the negligence or willful misconduct of the CITY, CITY's employees, or agents in connection
with the work performed under this Agreement.
If the negligence or willful misconduct of both CONSULTANT and CITY (or a person identified
above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense
shall be shared between the CONSULTANT and the CITY in proportion to their relative
degrees of negligence or willful misconduct and the right of indemnity shall apply for such
proportion.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW
4,24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the
CONSULTANT, the CITY, and the officers, officials, employees of either, the CONSULTANT'S
liability hereunder shall be only to the extent of the CONSULTANT'S negligence. It is further
specifically and expressly understood that the indemnification provided herein constitutes the
CONSULTANT'S waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the
purposes of this indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this section shall survive the expiration or termination of this Agreement.
However, the CONSULTANT expressly reserves its rights as a third person set forth in RCW
51.24.035.
XVINSURANCE
The CONSULTANT shall procure and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the CONSULTANT, its agents,
representatives, employees or subcontractors.
No Limitation. CONSULTANT'S maintenance of insurance as required by the agreement
shall not be construed to limit the liability of the CONSULTANT to the coverage provided by
such insurance, or otherwise limit the CITY'S recourse to any remedy available at law or in
equity.
A. Minimum Scope of Insurance
CONSULTANT shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
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form providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage; and,
2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01
and shall cover liability arising from premises, operations, independent contractors, and
personal injury and advertising injury. The CITY shall be named as an insured under the
CONSULTANT's Commercial General Liability insurance policy with respect to the work
performed for the CITY; and,
3. Workers' Compensation coverage as required by the Industrial Insurances laws of the State
of Washington; and
4. Professional Liability insurance appropriate to the CONSULTANT's profession,
B. Minimum Amounts of Insurance
CONSULTANT shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily
injury and property damage of$1,000,000 per accident.
2, Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commercial General Liability insurance:
1. The CONSULTANT's insurance coverage shall be primary insurance as respect
the CITY. Any insurance, self-insurance, or insurance pool coverage maintained
by the CITY shall be excess of the CONSULTANT's insurance and shall not
contribute with it.
2. The CONSULTANT shall provide CITY and all Additional Insured's with written
notice of any policy cancellation within two (2) business days of their receipt of
such notice.
3. Any payment of deductible or self-insured retention shall be the sole
responsibility of the CONSULTANT.
4. The CONSULTANT'S insurance shall contain a clause stating that coverage shall
apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer's liability.
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D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E. Verification of Coverage
CONSULTANT shall furnish the CITY with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the CONSULTANT before commencement of the
work.
Failure on the part of the CONSULTANT to maintain the insurance as required shall constitute
a material breach of contract, upon which the CITY may, after giving five (5) business days
notice to the CONSULTANT to correct the breach, immediately terminate the Agreement, at its
discretion, procure or renew such insurance and pay any all premiums in connection there
with, with any sums so expended to be repaid to the CITY on demand, or at the sole discretion
of the CITY, offset against funds due the CONSULTANT from the CITY.
XVI APPLICABLE LAW
This Agreement shall be construed and interpreted in accordance with the laws of the State of
Washington, and in the event of dispute the venue of any litigation brought hereunder shall be
Clallam County.
XVII EXHIBITS AND SIGNATURES
This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior
written or oral understandings, and may only be changed by a written amendment executed by
both parties. The following exhibits are hereby made a part of this Agreement:
Exhibit A— Scope of Services
Exhibit B — Schedule of Tasks
Exhibit C— Level of Effort
Exhibit D— Consultant's Hourly Wage Rates
Exhibit E — Key Personal
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first written above.
CITY OF PORT ANGELES APPROVED AS TO FORM:
DAN McKEEN, CITY MANAGER WILLIAM E. MLOOR, CITY ATTORNEY
CONSULTANT:
ANC R 10EA, LLC. ATTEST:
D ZBEHIN8KI -JANE HURD, CITY CLERK
TITLE: SR. PARTNER
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Exhibit A— Scope of Services
Anchor QEA, LLC (CONSULTANT)will provide Construction Management (CM) Services to
the City of Port Angeles (CITY) for the project known as the Port Angeles Landfill Cell
Stabilization Project (PROJECT). The Engineer of Record for this project is Herrera
(ENGINEER). These services will generally include consultation, contract administration, field
observation, and other services described below.
A. BACKGROUND AND OBJECTIVES
A.1 Background and Objective: The PROJECT is a corrective action plan to mitigate the
potential of refuse discharge into the Strait of Juan de Fuca. The City has been
concerned for more than a decade with ongoing coastal bluff erosion migrating into the
Port Angeles Landfill facility. The corrective action plan for managed retreat will: 1)
remove Municipal Solid Waste (MSW)from the failure zone, 2) allow natural feeder bluff
processes to continue, and 3) provide stable protection for the ends of the existing
seawall to prevent the shoreline from cuffing behind the seawall and into the Valley Cell.
Elements of work for the Project include, but are not limited to, the following:
• Removing refuse (up to 260,000 CY)from the eastern portion of the 304 Landfill
and relocation to the 351 Landfill located further inland to the south.
• Reconfiguring the 304 Cell to meet geotechnical, seismic stability, and solid waste
landfill closure standards.
• Stabilizing the seawall ends to protect the existing structure function, to
accommodate the continuing shoreline retreat over time, and minimizing
environmental impacts.
• Improving the Dry Creek/Shoreline interface to address overtopping events, reduce
the destabilization risk at the west-end, add in-stream roughness elements to help
maintain the thalweg separation from the access road, and provide access for
beach nourishment.
B. GENERAL ASSUMPTIONS AND APPROACH TO SERVICES
13.1 Construction Manaaement Duration: The duration of the construction contract is currently
estimated to be 20 months, including pre-construction, bid phase, and project closeout
services. CONSULTANT staffing estimates have been based on the plans and specifications
made available by the CITY, the current proposed duration of the construction contract.
13.2 Contractor Communication: The CONSULTANT will be the CITY's lead representative for
the Project and shall provide the primary day to day communication and written
correspondence with the Contractor.
13.3 CONSULTANT Level of Effort: The level of CM services required is highly dependent
upon the quality of the design, the disposition of the Contractor, unforeseen conditions and the
level of change required to complete the Project. In addition to duration and agreed upon roles
and responsibilities presented in this Scope, the budgets expressed are based on the
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CONSULTANT's experience as it relates to normal parameters of change and contractors
conforming to the contract requirements.
B.4 CONSULTANT Field Office: The CONSULTANT shall utilize the existing landfill office
(South of the 304 Landfill East Cell). The CONTRACTOR shall provide electrical, water and
sewer hookups, furniture, janitorial services and supplies, hot/cold water dispenser, and
parking for staff for the field office, as indicated in Section 01 05 00 of the Bid Documents. The
CONSULTANT will provide computers, related hardware to hook up to the CONTRACTOR
provided printer and internet connection, and general office supplies that are not provided by
the CONTRACTOR. The cost of cellular phone service for the CONSULTANT staff will be
billed to the City. Other miscellaneous office supplies and services not identified herein but
necessary may be billed as approved by the CITY.
B.5 Miscellaneous Enaineerinq and Geotechnical Support: The ENGINEER may provide
periodic observations to support the CONSULTANT's inspection of the work or to review
proposals from the Contractor, as directed by the CITY. The ENGINEER (or their
subconsultant) will provide geotechnical engineering assistance on an as-needed basis, as
requested by the CITY. CITY inspector(s) shall provide code related electrical and building
department inspections, if needed.
B.6 Community Relations: The CITY will be responsible for all community outreach and
coordination with individual property owners and local businesses during the construction.
CONSULTANT's staff will attend public meetings and other community outreach activities as
requested by the CITY. The CITY will prepare outreach materials. CONSULTANT's staff will
assist with preparing information and/or draft outreach materials, as requested. All printing,
mailing, and associated costs will be by the City. Additionally, the CONSULTANT's staff will
provide field coordination with individual property owners and businesses during construction.
B.7 Toxic and Hazardous Materials: Because of the prior use of the project work area, there is
a possibility of the presence of toxic or hazardous materials. CONSULTANT shall have no
responsibility for the discovery, presence, handling, removal or disposal of toxic or hazardous
materials, or for exposure of persons to toxic or hazardous materials, in any form at the project
work area, including but not limited to asbestos, asbestos products, polychlorinated biphenyl
(PCB) or other toxic substances.
C. PRECONSTRUCTION SERVICES
CA Construction Manag .ment Plan: The CONSULTANT shall develop a Construction
Management Plan (CMP) that defines the Project team's organizational relationship and
construction management processes that relates to project communications, change
management, requests for information, scheduling, submittals, non-conformances, inspection,
quality control, permit compliance and management information systems. Exhibit A will assist
in the development of the CMP. Any conflicts between the CMP and Exhibit A will be
discussed with the CITY.
Deliverables: Draft and Final CMP (two copies plus one editable electronic version
and one PDF version) for distribution to the City.
C.2 Document Control: The CONSULTANT shall prepare a SharePoint based document
control system, in concert with the CITY's procedures, The CMP will define the flow of
documents on the project and further describe the document control system. The
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CONSULTANT shall provide the server and external connectivity to CONSULTANT's
SharePoint base system. The CONSULTANT shall be responsible for field documents only.
The original executed contract documents shall be in the control of the CITY. Copies of all
pertinent contracts shall be given to the CONSULTANT to assist in its management duties of
the Project. The Construction Contract documents require the use of SharePoint by the
Contractor. The CONSULTANT shall provide one training session for City and Contractor
project members who will interface with the document control system.
Deliverables: Contract files organized by file index ready for archiving (both
hardcopy and electronic versions). Implementation of a document
control system utilizing SharePoint, and training.
C.3 Surypy:,The CONSULTANT shall have within its team a licensed surveyor within the State
of Washington to perform volume surveys for measurement and payment purposes, in addition
to survey staking as-needed to focus on quality assurance. For purposes of this Agreement, a
$40,000 budget has been established as a reasonable level of effort. This budget will be
monitored on a regular basis and based upon actual and anticipated need may be adjusted
with approval of the CITY.
D. BID AND AWARD PHASE SERVICES
D.1 Bid and Award Assistance: The CONSULTANT will assist the CITY during the Bid and
Award period as-needed.
D.2 Bid Opening and Recommendations: The CONSULTANT shall attend the bid opening and
shall assist the CITY in evaluating the bids for responsiveness, responsibility and price and
assist in researching Contractor references. The CONSULTANT shall make recommendations
to the CITY concerning the acceptance or rejection of bids.
Deliverables: Memo documenting reference checks.
E. CONSTRUCTION PHASE SERVICES
E.1 Pre-Construction Meeting- The CONSULTANT shall prepare an agenda, conduct the Pre-
Construction Meeting and prepare and distribute meeting minutes.
Deliverables: Final Pre-Construction Meeting Minutes (three copies plus one PDF
version).
E.2 Submittal Coordination: The CONSULTANT shall develop a Master Submittals Log to
assist in verification that all required submittals, The CONSULTANT shall coordinate the
submittal process between the Contractor and the ENGINEER. The CONSULTANT shall track
submittals and expedite timely responses from the ENGINEER and other submittal reviewers
to support the needs of the Project. Submittals will be sent by the Contactor to the
CONSULTANT, who will forward to the ENGINEER for review, The ENGINEER is responsible
for the review and approval of all technical submittals.
Deliverables: Master Submittal Log, and Submittal files with original submittal,
comments, and final submittals.
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E.3 Requests for Information: The CONSULTANT shall coordinate Contractor Requests for
Information (RFIs) with the ENGINEER, CITY, and others as-needed. RFIs will be logged,
tracked and written responses expedited to support the needs of the Project. Technical RFI's
will be forwarded to the ENGINEER for a response. The CONSULTANT will track RF1
turnaround times and advise the ENGINEER of RFIs requiring expedited response.
Deliverables: RFI Log and RF1 files with original RF1 and response.
E.4 Progress Meetinas: The CONSULTANT shall conduct Progress Meetings to assist in the
coordination of the Project. One progress meeting a week is anticipated. These progress
meetings, however, may be less frequent during periods of inactivity or by mutual agreement
of the CITY, the CONSULTANT, and the Contractor. Agendas, supporting documentation and
meeting minutes will be prepared by the CONSULTANT and distributed to attendees. These
meetings will last approximately one to two hours.
Deliverables: Meeting minutes sent to attendees and filed (three copies plus one
PDF version).
E.5 Ch t Reviews: - The CONSULTANT shall
manage change orders and recommend approval to the CITY. For City change proposals, the
CONSULTANT shall take technical information from the ENGINEER and/or the CITY and
prepare and submit a request for change proposal to the Contractor. The ENGINEER then will
assist the CONSULTANT in costs estimating on an as-needed basis.
Change order requests from the Contractor will be reviewed for entitlement, cost and schedule
impacts. The CONSULTANT will keep the CITY and ENGINEER advised of change orders on
the Project. Independent cost estimates will be prepared for change order negotiations. The
CONSULTANT shall review and comment on schedule impact requests stemming from a
change, The CONSULTANT will negotiate with the contractor to resolve changes and
recommend change orders to the CITY for approval and execution.
Deliverables: Change order package(s)ready for City approval.
E.6 Scheduling Coordination: The CONSULTANT shall review and comment on the
Contractor's Baseline Construction Schedule and monthly updated schedules. The review
shall include, but not be limited to:
• Review of Contractor's sequence of work for entire project.
• Verify that Contractor's schedule is consistent with requirements of the contract
documentation and permits.
• Any issues of concern.
In compliance with the contract, the CONSULTANT will request schedule recovery plans
should the Contractor's schedule progress show slippage in accordance with the contract. The
CONSULTANT will review and comment on the schedule recovery plan. In addition, the
CONSULTANT shall perform a Time Impact Analysis for potential claims or change orders.
Deliverables: Contractor baseline and monthly schedule updates and change order
Time Impact Analysis.
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E.7 Pavment Application: The CONSULTANT will receive, review, negotiate and assist the
CITY in processing the Contractor's monthly payment applications. This will entail unit price
quantity verification as well as percentages of completion.
Deliverables: Monthly progress payment packages recommended for payment.
E.9 Monthly Status Reports. The CONSULTANT shall provide one Monthly Status Report for
the contract that will highlight progress from the previous month, report on Project costs,
provide information on current issues and general scheduling status. Each report will include
at a minimum the following:
0 Brief summary of construction completed during the period.
0 Construction work in progress and/or scheduled to start for the next period.
* Issues which need to be addressed to maintain schedule.
0 Review of schedule progress vs. actual progress.
* Review of contractor's cash flow and cash flow projections.
0 Identification of critical issues with construction which could impact cost or schedule.
* Status report on Contractors administrative requirements including As-Built
documentation, submittal follow-up, change order processing, RF1 responses, schedule
submittals, technical submittals and re-submittals, and others.
Deliverables: Monthly Status Report in electronic format (one editable electronic
version and one PDF version)
E.10 Field Observation: The CONSULTANT shall provide field inspector(s) per the attached
Level of Effort shown in Exhibit C. Level of effort is estimated to be working 5 days per week at
10 hours per day, for a 50-hour work week, depending on the Contractor's work sequence and
schedule. A daily inspection report will be prepared by each inspector that will document work
activities and generalized quantities of work performed, and will include 4 photos per report.
The inspectors shall take photos as necessary to document the work. All photos shall be
saved to the CONSULTANT's server and provided to the CITY at the completion of the project.
No independent verification of unit price quantities will be provided when the work is not being
observed. This work will include observation of general site construction, waste
characterization, specialty inspection of liner and cover systems (by subconsultant),
geotechnical support (by CONSULTANT and subconsultant), and other work. No offsite
fabrication inspection is anticipated.
Deliverables: Daily inspection reports and progress photos.
E.11 lnspp�ction Clarification: The CONSULTANT shall monitor the conformance of the
construction to contract requirements and help protect the CITY against defects and deficiency in
the Work of the Contractor. The CONSULTANT may reject work and transmit to the CITY and
Contractor a notice of nonconforming work when, it is the opinion of the CONSULTANT, CITY, or
ENGINEER, that the Work does not conform to the requirements of the Contract Documents. No
action taken by the CONSULTANT shall relieve any or all of the Contractors from their obligation
to perform their work in strict conformity with the Contract Documents and in strict conformity with
all other applicable laws, rules and regulations. Communication between the CONSULTANT and
Contractor with regard to inspection shall not in any way be construed as binding the
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CONSULTANT or the CITY, or as releasing the Contractor from the fulfillment of any of the terms
of his Contract Documents.
The CONSULTANT is not responsible for, nor does the CONSULTANT control, the means and
methods of construction for the Project. It is understood that the CONSULTANT's action in
providing inspection as stated herein is a service to the CITY and by performing as provided
herein, the CONSULTANT is not acting in a manner so as to assume responsibility or liability, in
whole or in part, for all or any part of the construction work for the Project.
E.12 Contractor's Safety Program: The CONSULTANT shall verify that safety programs are
submitted to the CITY by the Contractor, as required by the Contract Documents. The
CONSULTANT shall not be responsible for or have any liability in whole or in part for Contractor
implementation of or compliance with Contractor safety programs and safety laws, regulations,
etc., nor shall the CONSULTANT be responsible for the adequacy, or completeness, of
Contractor Safety Programs or the Contractor's compliance and performance thereof.
E.13 Record QEgAino: Review not less than monthly, the construction contractors redline set of
contract plans. Maintain a CONSULTANT Team (CM team) set of conformed drawings tracking
plan changes, location of discovered anomalies and other items, as encountered by the CM
team. Use these markups to check the progress of the Contractor-prepared Record Drawings.
E.14 Material TesliM The CONSULTANT will secure a subcontract for special
inspections/materials testing services related to International Building Code (IBC) compliance.
The special inspection firm will provide the CONSULTANT with a written report for each day of
inspection. Test results will be forwarded to the CITY as well as the Contractor and
ENGINEER. An allowance of $75,000 has been allocated to the budget. Special
Inspections/Material Testing costs are highly predicated on the final approach that a contractor
takes.
Deliverables: Special Inspection Daily Reports and Material Testing Reports.
E.15 Coordination of Other City Consultants: The CONSULTANT shall assist the CITY in the
coordination of third party consultants. The CONSULTANT, however, is not responsible for
providing, nor does the CONSULTANT control, the actual performance of the work of other
consultants. The CONSULTANT is performing an administrative and coordination function for the
convenience of the CITY and is not acting in a manner so as to assume responsibility or liability,
in whole or in part, for any part of such services provided by others.
E.16 Substantial C2p2pefion, In consultation with the ENGINEER and CITY, the CONSULTANT
shall review the Contractors request for substantial completion and final completion and
recommend to the City when the Project and the Contractors Work has achieved substantial
completion. The CONSULTANT shall, prior to issuing a notice of Substantial Completion, compile
a list of incomplete work (punch list) which does not conform to the Contract Documents based
on input from the ENGINEER and the CITY. This list shall be attached to the Certificate of
Substantial Completion. The CONSULTANT shall issue the notice of Substantial Completion to
the Contractor.
Deliverables: Certificate of Substantial Completion and punch list(if applicable)
Page 14 of 19
E.17 Closeout Services: The CONSULTANT will assist the CITY in processing closeout
documentation. This includes processing final change orders (if necessary), receiving and
reviewing Contractor provided record (as-builts) drawings, and processing final payment
applications. The CITY will take the lead in completing the public works contract acceptance
and release of retainage.
Deliverables: Record drawings, closeout documentation
E.18 Permit, Loan and Grant Assistance: The CONSULTANT will assist the CITY in
processing documents and maintaining documentation related to the various permits secured
by the CITY including any State and Federal loans or grants on the Project.
F. POST CONSTRUCTION PHASE
F.1 Final Comoletion: The CONSULTANT shall assist the CITY in the determination that Final
Completion has been reached.
F.2 Final Pa The CONSULTANT shall advise the CITY when it recommends that the final
payment be made to the Contractor.
F.3 Record Documents: The CONSULTANT shall coordinate and expedite submittals of
information from the Contractor, and provide the CONSULTANT's project files for archiving
purposes by the CITY.
FA External Audits: The CONSULTANT shall provide a staff member in a supporting role during
any external audit.
G. OPTIONAL SERVICES
G.1 Claim Resolution Support: The base scope of work does not include claim resolution
support. If claim support is needed from the CONSULANT this would become an extra
service. This service would be dependent upon the details of the specific claim.
Page 15 of 19
Exhibit B — Schedule of Tasks
The following are estimated start dates for significant elements of work on the project. The
Contractor's schedule will more clearly define the actual work elements, staging, sequencing,
and other schedule impacts. This series of tasks does not represent the proposed winter
suspension that is estimated commence on or about October 16, 2014.
Pre-Construction Phase.....__....__.......... ............... May 1, 2014
Construction Phase......... ........ ............... July 1, 2014
Post Construction Phase_ .......... .............. December 15, 2015
END OF EXHIBIT
Page 16 of 19
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Exhibit D - Consultant's Hourly Wage Rates
(2014)
...........
Title Total Rate
.
.............
Anchor QEA, LLC (Prime)
Principal (Ed Berschinski) $225.00
.......... ....... ..............
Project Manager(Mike Roberts) $199.00
----------
Resident Engineer(Rick Goode) $185.00
Project Assistant(Caitlin Rohan) $98.00
Office Engineer(Adam Carlson) $110.00
Field Oversight(Niklas Bacher) $165.00
Field Oversight(David Cisakowski) $185.00
NTI (subconsultant) Total Rate
Principal Engineer or Surveyor 95.00
Geologist, Project Engineer, or Project Surveyor $90.00
Senior Tech-office or lab $75.00
Senior Tech-Field Inspector $80.00
Technician $75.00
Technical Assistant $40.0.. ......
0
Single surveyor with GPS $125.00
Construction Surveying 1-person field crew $120.00
Co nstruction Surveying 2-per field crew $150.00
._ .......-..-----------
Professional Land Surveyor $100.00
.............. ............ ........
Thiel Engineering (subconsultant) Total Rate
.......... ...........
Project Manager TBD
Field Inspection TBD
END OF EXHIBIT
Page 18 of 19
Exhibit E — Key Personnel
-------------
Anchor QEA,LLC
------------
Title Personnel
Princ Ed Bersel-driski
_Project Manager.___,._._.___._ Mike Roberts .......
Resident Engineer Rick Goode
--—---------------- -—-------
Office E Adam
.. _.:� ..................
Field Oversight Niklas Bacher
Field Oversig David Cisakowski
Northwestern Territories,Inc
_Project Enpinecr Justin Wilson
Senior Technician/IgsLector Shawn West
Technician Trent Adams
Technician Louie Bliemeister
Technician Steve Pope
Thiel Er:ginfEiLnfL,Inc.
Proje ct Mana iRent Rick Thiel
Field Inspection TBD
Office Administration TBD
END OF EXHIBIT
Page 19 of 19