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HomeMy WebLinkAbout000286 Original ContractTHIS AMENDMENT NO. 1 is made and entered into this �8' day of 2012, by and between the City of Port Angeles, a non charter code city of the State of Washington, (hereinafter called the "CITY and Vanir Construction Management, Inc., a California Corporation authorized to do business in the State of Washington (hereinafter called the "CONSULTANT NOW, THEREFORE, in consideration of the representations and the terms, conditions, covenants and agreements set forth in the original AGREEMENT and this AMENDMENT, the parties hereto agree as follows: SECTION 1 The CITY entered into the existing AGREEMENT with the CONSULTANT on February 21, 2012, (the AGREEMENT). SECTION 2 I AMENDMENT SCOPE OF SERVICES The Scope of Services is amended to include Task 2, The Waterfront Development Project Phase I, as described in the attached Exhibit A2 to Amendment 1. The CONSULTANT shall provide and furnish all services and material necessary to accomplish Task 2. II TIME OF PERFORMANCE The work for Task 2 shall be completed by August 26, 2013, as described in Exhibit B2. III MAXIMUM COMPENSATION The CONSULTANT'S total compensation and reimbursement are stated in the attached Exhibit C2 to Amendment 1. The maximum compensation amount of the Agreement for Task 2 is $299,005. The budget for Task 2 may be further adjusted by mutual agreement without an amendment to the Agreement, as long as the maximum compensation for Task 2 of $299,005 is not exceeded. The maximum compensation amount for all Tasks of the Agreement is $2,086,673. OCA 2011 -01 AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PORT ANGELES AND VANIR CONSTRUCTION MANAGEMENT, INC. OCA 2012 -02 000286 AMENDMENT 1 Amendment 1, Page 1 1/27/2011 IV EXHIBITS This Amendment, including its exhibits, constitutes the entire Amendment, supersedes all prior written or oral understandings related to the subject of this Amendment, and may only be changed by written agreement by both parties. The following exhibits are hereby made a part of this Amendment: Exhibit A2 Task 2 Scope of Services Exhibit A2.a Task 2 Responsibility Matrix Exhibit B2 Task 2 Schedule Exhibit C2 Task 2 Budget and Level of Effort SECTION 3 RATIFICATION Except as modified herein, the original AGREEMENT is confirmed and ratified. In WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement as of the date and year first written above. CITY OF PORT ANGELES VANIR CONSTRUCTION MANAGEMENT, INC. By: ATTEST: atfitia4A)LiAtAki sa Hurd, City Clerk APPROVED AS TO FORM: William E. Bloor, City Attorney OCA 2011 -01 City Manager By: G� Mansour Aliabadi Title: President CEO Amendment 1, Page 2 1/27/2011 A. BACKGROUND AND OBJECTIVES B. APPROACH TO SERVICES EXHIBIT A2 SCOPE OF SERVICES 2012 On -Call Construction Management Service Task 2: Waterfront Development Project Phase 1 A.1 Backaround and Objective: The Agreement's objective is construction management services for the Waterfront Development Project Phase 1, TR02 -2003 (Project). The CONSULTANT shall perform construction management services as the lead representative for the CITY, providing oversight and administration of the Project construction contractor (Contractor) performing work for the Waterfront Development Project Phase 1 as designed by Studio Cascade (ENGINEER). This Project consists primarily of constructing the following: Demolition of various site features; Construct an esplanade north of Railroad Avenue; Reconstruct the storm drainage system in Railroad Avenue and Oak Street within the project limits; Construct rain gardens along Railroad Avenue and Oak Street within the project limits; Removal and replacement of existing road sections along Railroad Avenue and Oak Street with new sections that include raised intersection and parking areas; Replacement of trees, sidewalks, and parking areas; Related electrical work; Various finish items including bike stands, benches, etc. B.1 Construction Manaaement Duration: The duration of the construction contract is currently estimated to be approximately 290 calendar days. Including construction phase and project closeout services; duration of ten (10) months has been estimated for the construction management services, with two months inactive (January, February 2013). A Notice to Proceed (NTP) was given to the Contractor on September 28, 2012. B.2 Contractor Direction: The CONSULTANT will be the CITY's lead representative for the Project and shall provide the primary day to day direction and written correspondence with the Contractor. B.3 CONSULTANT Level of Effort: The level of construction management 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. The Project budgets expressed are based on the CONSULTANT's experience as it relates to normal parameters of change and contractors conformity to the contract requirements. B.4 CONSULTANT Field Office: The CONSULTANT is expected to have a field office near the Project site for the Phase 1 CSO Project during the Waterfront Phase 1 Project. The field office will be suitable for use by the Waterfront Phase 1 Project field staff. A portion of the field office costs that are included in the Phase 1 CSO Project budget will be attributed to the Waterfront Phase 1 Project. The portion will be 10 percent of the field office costs for the time that field personnel are required for the Waterfront Phase 1 Project. The cost of cellular phone service for the CONSULTANT staff will be billed to the CITY. B.5 Miscellaneous Structural. Electrical. and Geotechnical Su000rt: The ENGINEER shall support the CONSULTANT's inspection of structural and electrical work. The CONSULTANT will coordinate with the ENGINEER to have their structural and electrical engineers make observations and comments on the structural and electrical installations. The ENGINEER (or their subconsultant) will provide geotechnical engineering assistance as needed. CITY inspector(s) shall provide code related electrical and building department inspections. OCA 2011 -02 1 Rev 10/1/2012 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 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 paid by the CITY. The CONSULTANT's staff will provide field coordination with individual property owners and businesses during construction. B.7 Exhibit A2.a Attached to Exhibit A2 is Exhibit A2.a, Task 2: Waterfront Development Project Phase 1 Project Responsibility Matrix. Exhibit A2.a forms the foundation and understanding of the below Scope of Services as well as defining roles and responsibilities per tasks. C. CONSTRUCTION PHASE SERVICES C.1 Pre Construction Meetina: The CONSULTANT shall prepare an agenda, conduct the Pre Construction Meeting and take and distribute meeting notes. Deliverables: Final Pre Construction Meeting Notes (three copies plus one PDF version). C.2 Document Control: In concert with the CITY's procedures, the CONSULTANT shall prepare a limited SharePoint based document control system that defines the flow of documents on the project. The 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 shall be amended to require the use of SharePoint by the Contractor. The CONSULTANT shall provide one training (web based) session for CITY and Contractor project members who will use the document control system. Deliverables: Contract files organized by file index ready for archiving (both hardcopy and electronic versions). A document control system utilizing SharePoint. C.3 Submittal Coordination: The CONSULTANT shall develop a Master Submittals List to assist in verification that required submittals have been submitted. The CONSULTANT shall coordinate the submittal process between the Contractor and the CITY. The CITY will coordinate any reviews or information required by the ENGINEER. The CONSULTANT shall track submittals to support the needs of the Project. Submittals will be sent by the Contactor to the CONSULTANT who will forward to the CITY for review. The CITY or the ENGINEER is responsible for the review and approval of all technical submittals. Deliverables: Master Submittal Log, Submittal Log and Submittal files with original submittal, comments, and final submittal. C.4 Requests for Information: The CONSULTANT shall coordinate Contractor Requests for Information (RFIs) with the CITY. RFIs will be logged and tracked. Written responses shall be expedited by the Consultant to support the needs of the Project. Technical RFI's will be forwarded to the CITY for a response. The CITY will coordinate any reviews, responses or information required by the ENGINEER. The CONSULTANT will track RFI turnaround times and advise the CITY of RFIs requiring expedited response. Deliverables: RFI Log and RFI files with original RFI and response. C.S Proaress Meetinas: The CONSULTANT shall conduct progress meetings to assist in the coordination of the Project. One progress meeting every week is anticipated. These progress meetings, however, may be Tess frequent during periods of inactivity or by mutual agreement of the CITY, the CONSULTANT and OCA 2011 -02 2 Rev 10/1/2012 the Contractor. Agendas, supporting documentation and meeting notes will be prepared by the CONSULTANT and distributed to attendees. These meetings will last approximately one to two hours. Deliverables: Meeting notes in PDF format sent to attendees and filed. C.6 Chanae Manaaement /Estimatina /Schedule Impact Reviews: The CITY will manage change orders, determine entitlement and make final approval. For CITY change proposals, the CONSULTANT shall take technical information from the ENGINEER and /or the CITY and prepare and submit a request for a 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 by the CITY and CONSULTANT for entitlement. The CONSULTANT will assist the CITY in preparing cost and schedule impact documentation. Independent estimates will be prepared by the CONSULTANT, as requested by the CITY, for change order negotiations. The CONSULTANT shall review and comment on schedule impact requests stemming from a change order. The CITY will negotiate with the Contractor to resolve change orders. The CONSULTANT will provide support to the CITY in the form of project records and documentations in support of the CITY's negotiations. Deliverables: Support documentation for change order as noted above. C.7 Payment Application: The CONSULTANT will receive, review, negotiate, and assist the CITY in processing the Contractor's payment application. CONSULTANT shall verify unit price quantity, as well as percentages of completion for lump sum items. Deliverables: Monthly progress payment packages recommended for payment. C.8 Monthly Status Reports: The CONSULTANT shall provide a Monthly Status Report for the contract that will highlight progress from the previous month, report on Project costs, and provide information on current issues and general scheduling status. Deliverables will be a one -to -two page report at the end of each month starting with on -site construction and ending with substantial completion. Each report shall include at a minimum the following: Deliverables: Monthly Status Report in electronic PDF format. C.9 Field Inspection: The CONSULTANT shall provide field inspectors per Exhibit C2, Task 2 Waterfront Development Project Phase 1, Budget and Level of Effort. Exhibit C2 may be modified by written agreement of the CITY and the CONSULTANT in response to the Contractor's work sequence and schedule. A daily inspection report will be prepared by each inspector that will document work activities and installed quantities. The inspectors shall take photos and videos as necessary to document the work. Key photos shall be logged into the SharePoint system. No independent verification of unit price quantities will be provided when the work is not being observed. Progress photos of work observed will be taken. No offsite fabrication inspection is anticipated. Overtime costs for inspection over 40 -hours per week are not included in the costs shown in Exhibit B1. It is understood that if the Contractor works over 40 -hours per week, the CITY will back charge the Contractor to cover the CONSULTANT'S overtime costs. Deliverables: Daily inspection reports and progress photos. OCA 2011 -02 Brief summary of construction completed during the period. Construction work in progress and /or scheduled to start for the next period. Issues which need to be addressed to maintain schedule. Identification of critical issues with construction which could impact cost or schedule. Status report on Contractor's administrative requirements including change order processing, RFI responses, schedule submittals, technical submittals and re- submittals, and others. 3 Rev 10/1/2012 C.10 Inspection Clarification: The CONSULTANT shall monitor the quality of the construction to guard the CITY against defects and deficiency in the Contractor's work. When the CONSULTANT, CITY, OR ENGINEER determines that the Contractor's work is non conforming to the Contract Documents, the CONSULTANT may reject work and transmit to the CITY and Contractor a notice of non conforming work. No action taken by the CONSULTANT shall relieve any or all of the Contractors from their obligations to perform their work in strict conformity with the contract documents and all other applicable laws, rules and regulations. Communication between the CONSULTANT and Contractor with regard to inspections shall not be binding on the CONSULTANT or the CITY, or release the Contractor from the terms of their contract with the CITY. The CONSULTANT is not responsible for, nor does the CONSULTANT control, the Contractors means and methods of construction for the Project. It is understood that the CONSULTANTS action in providing inspection are a service to the CITY and by inspecting the Project the CONSULTANT is not assuming responsibility or liability, in whole or in part, for all or any part of the Project's construction work. C.11 Contractor's Safety Proaram: 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's implementation of or compliance with Contractor safety programs and safety laws, regulations, etc. C.12 Special Inspections /Material Testina: 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 $18,000 has been allocated to the budget. Special Inspections /Material Testing costs are highly predicated on the final approach that the Contractor takes. Deliverables: Special Inspection Daily Reports and Material Testing Reports. C.13 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. C.14 Substantial Completion: In consultation with the ENGINEER and CITY, the CONSULTANT shall review the Contractor's request for substantial completion and final completion. CONSULTANT shall recommend to the CITY when the Project and the Contractor's work is substantially complete. 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. C.15 Closeout Services: The CONSULTANT will assist the CITY in processing closeout documentation. This includes processing final change orders, receiving and reviewing as -built and vendor O &M manuals, and processing final payment applications. The CONSULTANT will ensure that the Contractor secures easement restoration acceptance from private property owners. The CITY will take the lead in completing the public works contract acceptance and release of retainage. Deliverables: As -built drawings, vendor O &M data, warranties, spare parts C.16 Survey: The CONSULTANT shall have within its team a surveyor licensed within the State of Washington to perform survey staking as needed. For purposes of this Agreement, a $2,000 budget has been established as a reasonable level of effort. OCA 2011 -02 4 Rev 10/1/2012 D. POST CONSTRUCTION PHASE D.1 Final Completion: The CONSULTANT shall assist the CITY to determine final completion. D.2 Final Payment: The CONSULTANT shall advise the CITY when it recommends that the final payment be made to the Contractor. D.3 Record Documents: The CONSULTANT shall coordinate and expedite submittals of information from the Contractor for as -built record drawings and transmit them to the ENGINEER. E. OPTIONAL SERVICES E.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 be an extra service. This service would be dependent upon the details of the specific claim. E.2 Dispute Review Board Assistance: When requested, the CONSULTANT will provide assistance to the Dispute Review Board that is defined as part of the construction contract, in providing access to project records and assisting with making copies of requested records. OCA 2011 -02 END OF EXHIBIT 5 Rev 10/1/2012 EXHIBIT B2 Construction Phase October 8, 2012 to July 1 2013 Construction Inactive Period January 1, 2013 to February 28, 2013 Post Construction Phase July 1, 2013 to August 26, 2013 OCA 2011 -02 Schedule of Task 2 6 Rev 10/1/2012 VANIR SEa No PNo 001 1 002 1 003 4 004 4 005 4 006 4 007 4 008 4 009 I 4 010 4 011 4 012 4 013 4 014 4 015 4 016 4 017 4 018 4 019 4 020 4 021 4 022 4 023 4 024 4 025 4 026 4 027 4 028 4 029 4 030 4 031 4 032 4 on 4 034 4 035 4 036 4 037 4 038 4 039 4 040 5 041 5 Page 1 of 1 PHASE TASKS ALL PHASES TASKS ALL PHASES CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION POST CONSTRUCTION POST CONSTRUCTION Exhibit A2.a Responsibility Matrix ELEMENT Typical Task Typical Task Construction Initiation Construction Initiation Construction Initiation Construction Initiation Community Relations Community Relations Inspection Inspection Inspection Inspection Submittals Job Site Meetinas Job Site Meetinas Monthly Report Reauest for Information Reauest for Information Reauest for Information Reouest for Information Reauest for Information Chanae Orders Chanae Orders Payment Reauest Payment Request Payment Reauest Payment Reouest Payment Reauest Project Close Out Project Close Out Proiect Close Out Project Close Out Project Close Out Proiect Close Out Project Close Out Project Close Out Project Close Out Proiect Close Out Claims or ORB Warranty Work Warranty Work DESCRIPTION I I IManaae Vanir Contract wthin established budgets I I I Preoare monthly Vanir Contract status report I I ISet uo document controls trackina system SharePoint I I 'Conduct pre construction meeting, establish communication and construction phase orocedures ICoordinate work of onme contractor I I 'Formally notify contractor of contractual obligation to conform to all applicable security, 11 occupational safety and health standards tissue Construction Updates to Community. post monthly report on website I Coordinate information distribution to local businesses and public for current schedule impacts Provide Special Inspection Testing Services, Survey As- Needed Prepare Daily Inspection Reoorts and Progress Photos Coordinate and schedule all on -site insoection and testino Approval of ode death Manage flow of submittals to insure timely return to contractor Schedule conduct meetinas Document meebngs Prepare Monthly Status Report for contract Perform initial review Prepare RFI Resoonse Perform final review Ensure timely orocessina of RFI through time loos Issue document clarifications Preoare chance order documentation and coordinate approval by City Distribute track chance orders Verify of comoletion !Confirm as -built drawings are complete to date of request and documents are well 11 maintained IProvide payment recommendation letter 11 (Track actual estimated construction cost 11 ITrack stop notices releases, Non Conformance Reoorts releases 11 'Conduct inspections to determine substantial and final completion, including facility start and operational checkout iDeveloo coordinate ore -final inspection, document ounch lists IDeveloo document final ounch list 1 Distribute track all ounch lists Ensure comoletion I Ensure proper assembly of all warranty information IPreoare final as -built documents 'Review and forward to the City written warranties operations manuals, spare parts, lien waivers certificates of inspections and occupancy Ilssue notices of comoletion 11 ICoordjnate clearance of stoo notices /NCRs 11 I Provide audit support to City as necessary 11 Ilssue Cure Notice and Show Cause Notices I I 'Coordinate response to problems 'One year project walk Responsibility Kew* 1 Primary 2 Secondary 3 Information Only 4 Review Approve N- No Involvement t n. 2 U 3 3 2 3 2 1 1 N N N N 2 2 3 4 N 2 3 3 3 3 2 3 N 3 N 2 2 2 2 2 3 3 3 1 3 1 1 5 5 N I N I 2 I 3 I N 2 I 2 3 N N N 1 N 2 3 3 N 1 2 2 2 N 3 N N N I N I 3 I 21 2 2 3 N 1 N 3 3 2 2 2 1 1 1 1 2 1 1 2 2 1 1 1 2 1 1 1 1 1 2 1 1 1 1 1 1 1 1 1 1 2 2 1 2 2 2 2 N N N 2 2 N 2 N N N N 3 3 N N N N N 2 N N 2 3 N N N N N N N N N N N N N N N N N N N N N N N N N N 11 II 11 11 II II II II II II Abbreviations PA City of Port Angeles VCM Vanir Construction Management StuduoIZEN Studio Cascade/Zenovjc Associates Comments Action Items I I Identify primary businesses that are impacted by work City to take the lead wth support from VCM and Studio/ZEN NTI and Wenaler Surveying To be done by Design Enaineer or Geotech II II I (City to be involved in all "Show Cause" and "Cure Notices" Tuesday, October 02, 2012 VAN IR Team Member Scott Tomlinson, Area Manager Tim Clark, Protect Director Keith Parker, Construction Manager Jason Hart, Project Coordinator Dan McNay, Sr Inspector Laura Ditt, Assistant PM Vanir Technical Support Vanir-Personnel Budget Sub- Consultants Mike Roberts, KBA Vice President (Oversight of KBA team members) Misty Fisher, KBA Operations Manager (Sharepoint Training /Final Packaging of Files for City) sal Newberry, KBA Inspector Tony San Antonio, Field Engineer Deborah Ottum, KBA Project Controls (KBA Invoicing, Inspector Support) NTI Special Inspections Wengler Total Sub- Consultants Budget 10% On Sub- Consultants (B &O,Insurance,O &P) Total Sub Consultants Budget Wrth 10% Mark -Up Indirect Budget Estimated Per -Diem Long Term No Food Travel Ferry Fee Budget Mileage Inspectors Vehicles (Includes Inspectors Mileage) Indirect Budget Field Office Expense printing, supplies, etc 10% (B &O,Insurance,O &P) Feld Office Budget (total monthly cost from CSO protect) Total Budget Subconsufant KBA NTI Wengler City of Port Angeles 2012 On -Call CM Services Contract Exhibit C2, TASK 2 Waterfront Development Project Esplanade TR02 -2003, Budget and Level of Effort Lost Revision 9/24/2012 Company Position Rate 2012 Vanir Area Manger 5 168 49 Vanir Project Director 152 78 Vanir Proj /Const Manager 149 93 Vanir Project Coordinator 73 60 Vanir Senior Inspector 111 14 Vanir Assist Project Manager 102 05 Vanir Technical Support 14000 Company Position KBA Vice President 188 83 KBA Operations Manager 86 76 KBA Inspector 107 18 KBA Field Engineer 75 23 KBA Project Controls 111 77 NTI various N/A Wengler various N/A $900 /Month /Person /FTE NTE Budget 156,584 18,000 2,000 t 5 900 3120 056 2013 1 increase plts/8ld /A 350 Seo -12 Rate 2013 174 39 24 158 13 155 18 8 76 18 16 5 115 03 105 62 14490 196 38 1 90 23 8 11147 78 24 116 24 2 N/A N/A Construction 1 Shut Down Oct -12 Nov -I2 Dec -12 1 Jan -13 Feb-13 32 24 24 4 2 184 8 1 1,000 600 24 24 24 4 1 160 8 1 2,000 200 8 1 3,000 200 24 1 8 24 24 1 4 152 Construction Mar -13 Apr -13 May -13 Jun -13 Jul -13 1 Aug -13 1 24 24 24 24 241 8 24 24 24 24 24 12 24 24 24 24 20 16 4 4 4 4 4 4 168 8 3,000 200 176 8 2,000 200 176 8 2,000 200 160 8 1 3,000 200 18 8 2,000 200 900 900 900 900 900 900 900 900 900 900 125 125 125 125 31 31 5 125 125 125 5 125 125 125 132 132 132 132 132 132 132 132 132 132 132 132 989 860 817 5 903 946 946 860 97 5 100 100 100 5 25 25 50 50 50 50 5 50 5 95 Closeout Sep -13 2012 2013 Totals Budget 6 104 150 254 43.594 8 80 156 236 36,202 12 88 160 248 18,665 4 12 28 40 4,182 102,643 1 4 9 13 2,523 3 10 3 13 1,138 496 698 1,194 130,965 24 40 64 4,935 1 5 9 14 1,605 18,000 18,000 2,000 2,000 161,167 16,117 177,283 9,000 1,312 1,584 6,418 18,314 695 70 765 299,005 pORTq�, City of Port Angeles 1~ %�►fe,ts Public Works Utilities Department Engineering Services Division 321 E. Fifth Street Port Angeles WA 98362 Tel: 360 417 -4700 e �ch'oRKSa4�`: Fax: 360-417-4709 WHEREAS, the CITY desires construction management services; and City of Port Angeles Record #000286 On -Call Agreement: OCA 2012 -02 2012 ON -CALL CONSTRUCTION MANAGEMENT SERVICES iSsr THIS ON -CALL AGREEMENT (Agreement) is made and entered into this,. day of t'.ibri,La4/t y, by and between the CITY OF PORT ANGELES (CITY), a non charter code city of the State of Washington, (hereinafter called the "CITY and VANIR Construction Management, Inc., a California State corporation authorized to do business in the state of Washington (hereinafter called the "CONSULTANT CITY and CONSULTANT may hereinafter be referred to as "Parties." WHEREAS, the CITY desires to engage the professional services and assistance of a qualified consulting firm to perform the scope of work 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: THE PARTIES HEREBY AGREE AS FOLLOWS: I SCOPE OF SERVICES General Scope. This Agreement will provide professional construction management services for the City of Port Angeles. The CONSULTANT intends to provide construction management services for the City of Port Angeles. This Agreement shall be effective on the last date set forth in the signature page. This Agreement will remain in force and effect for inclusion of additional "Tasks" for three years from the effective date of this Agreement. The scope of initial professional services tasks to be performed and the results to be achieved by the CONSULTANT shall be as detailed in the attached Exhibit Al and shall include all services and material necessary to accomplish the work. Additional tasks may be assigned as provided elsewhere in this agreement. The CITY may review the CONSULTANTS work product, and if it is deemed not satisfactory, the CONSULTANT shall make such changes as may be required by the CITY. Such changes shall not constitute "Extra Work" as defined in Section XI of this Agreement. The CONSULTANT agrees that all services performed under this Agreement shall be in accordance with the standards of the construction management profession and in compliance with applicable federal, state and local laws. OCA 2011 -02 1 Rev 2/2/2012 The Scope of Services may be amended upon written approval of both parties. This Agreement does not grant an exclusive right to the construction management work covered in the Scope of Services to the CONSULTANT. The CITY reserves the right to contract with other parties or by other means if deemed to be in its interest. II OWNERSHIP OF DOCUMENTS Upon completion of the work, all documents, exhibits, photographic negatives, digital photos, drawings, survey data, field notations, electronic data and modeling, or other presentations of the work shall 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. 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 written direction to proceed from the CITY for each Task. The work for shall be completed within a performance period as specified in each Task. The performance period for the Agreement is set forth in Exhibit B. The time of performance of initial Task is set forth in Exhibit B1. V MAXIMUM COMPENSATION The CONSULTANT'S compensation and reimbursement under this Agreement, for each project, work, study, or undertaking authorized by this Agreement including labor, direct non -salary reimbursable costs, and outside services, shall be specifically set forth in each Task. Compensation and payment procedures are set forth in Exhibit C of this Agreement. VI INDEPENDENT CONTRACTOR STATUS The relationship created by this Contract is that of owner independent contractor. The CONSULTANT is not an employee of the CITY and is not entitled to any benefits provided by the CITY to its employees. The CONSULTANT, as an independent contractor, has the authority to control and direct the performance of the services 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. VII 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 employees, 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 on any of the work or services provided pursuant to this Agreement, 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. OCA 2011 -02 2 Rev 2/2/2012 VIII 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. IX SUBCONTRACTS A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the prior 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 CONSULTANTs obligations under this Agreement, including the nondiscrimination requirements. X 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. XI 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 CONSULTANTS designated representative at the address provided by the CONSULTANT. 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. CITY may suspend Tasks at its sole discretion. If a Task is suspended by CITY for more than 30 consecutive days, CONSULTANT shall be compensated for services performed prior to the notice of suspension. When the Task is resumed, provided the suspension was not caused by CONSULTANT's negligence or wrongful act, CONSULTANTs compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of CONSULTANTs services. If the parties are unable to agree on an equitable adjustment, the CONSULTANT may submit a written claim for increases in the cost of performance, excluding profit. Upon such resumption, CONSULTANT shall promptly continue with its responsibilities under this Agreement. OCA 2011 -02 3 Rev 2/2/2012 D. In the event of termination or suspension as provided for above, CONSULTANT will provide CITY all construction drawings, sketches, renderings, models, other reproducible drawings, surveys, field notations, reports, photographs, calculations, prepared by CONSULTANT under this Agreement, copies of all correspondence and papers received or issued by CONSULTANT and all equipment and publications authorized by CITY for purchase shall be delivered to CITY upon request and CITY shall have the same rights to their use as if the termination or suspension had not occurred. Documents that are the property of the CITY pursuant to Section II above, shall be delivered to and received by the CITY prior to transmittal of final payment to the CONSULTANT. XII FORCE MAJEURE A. Definition. For the purposes of this Agreement "Force Majeure" means an event which is beyond the reasonable control of a Party including, but not limited to (1) strikes, lockouts, work slowdowns or stoppages, or accidents, (2) acts of God, 3) and delay caused by an act or omission of the other Party, and which makes a Party's performance of its obligations under the Agreement impossible or so impractical as to be considered impossible under the circumstances B. No Breach of Contract. The failure of a Party to fulfill any of its obligations under the Agreement shall not be considered to be a breach of, or default under, this Agreement insofar as such inability arises from an event of Force Majeure, provided that the Party affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures in order to carry out the terms and conditions of this Agreement, and has informed the other Party as soon as possible about the occurrence of such an event.Extension of Time. Any period within which a Party shall, pursuant to this Agreement, complete any action or task, shall be extended for a period equal to the time during which such Party was unable to perform such action as a result of Force Majeure. C. Payments. During the period of their inability to perform the services as a result of an event of Force Majeure, the Consultant shall be entitled to continue to be paid under the terms of this Agreement, notwithstanding that any costs caused by an act or omission of the other Party will be borne by the party incurring the same. XIII INDEMNIFICATION /HOLD HARMLESS AND INSURANCE Indemnification Hold Harmless CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, employees and authorized volunteers harmless from any and all claims, injuries, damages, losses or suits including reasonable attorney fees, arising out of or resulting from the negligent or wrongful acts, errors or omissions of the CONSULTANT in performance of this Agreement, except for injuries and damages caused by the negligence of the CITY. 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 and the CITY, its officers, officials, employees, and volunteers, the CONSULTANTs liability hereunder shall be only to the extent of the CONSULTANTs negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the CONSULTANTs 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. There are no third party beneficiaries of this CITY- CONSULTANT Agreement and no one except the parties to this Agreement may seek to enforce its terms. Insurance. 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. Insurance requirements are set forth in Exhibit E. OCA 2011 -02 4 Rev 2/2/2012 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. XIV CONSULTANT'S KEY PERSONNEL AND SUBCONSULTANTS CONSULTANTs key personnel and sub consultants for this Agreement as described in the selection process and designated in Exhibit F to this Agreement, shall remain assigned for the duration of the Agreement unless otherwise agreed to in writing by the CITY. The CITY shall not unreasonably withhold approval of staff changes. The CITY may require substitution of any personnel or sub consultant provided that the CITY has first notified the CONSULTANT in writing and allowed a reasonable period for adjustments and /or corrections. XV PERFORMANCE EVALUATION The CITY will conduct written evaluation of CONSULTANT's services pursuant to this Agreement. CONSULTANT will be given a copy of the evaluation report and will have an opportunity to provide a written response. The evaluation and the response will be kept in CITY's files to be used as part of the selection process for future construction management services. XVI CORRECTIONS AND APPROVALS A. Corrections. Any defective designs, specifications, drawings, products, or services furnished by CONSULTANT will be promptly corrected by CONSULTANT at no cost to CITY. B. Approvals. CITY's approval, acceptance, use or payment for all or any part of CONSULTANTs services or of a task shall in no way alter CONSULTANTS obligations or CITY's rights hereunder. XVII REPRESENTATIONS AND WARRANTIES CONSULTANT hereby represents and warrants to CITY the following: A. That CONSULTANT is financially solvent, able to pay CONSULTANTs debts as they mature and possessed of sufficient working capital to complete the services required and perform CONSULTANTS obligations hereunder; B. That CONSULTANT is able to furnish any of the plant, tools, materials, supplies, equipment, and labor required to complete the services required and perform all of CONSULTANTs obligations hereunder and has sufficient experience and competence to do so; C. That CONSULTANT shall comply with all applicable state and local laws, statutes, and ordinances relating to professional registration, licensing and authority to perform all of CONSULTANTs obligations required to be performed under this Agreement; D. That CONSULTANTS execution of this Agreement and CONSULTANTS performance thereof is within CONSULTANTS duly authorized powers; and D. That CONSULTANTs duly authorized representative has visited the Task site, become familiar with the local conditions under which the services required hereunder are to be performed and correlated CONSULTANTs observations with all of the requirements of the Contract Documents. E. CONSULTANT agrees that the representations and warranties set forth herein shall survive the execution and delivery of this Agreement. XVIII APPLICABLE LAW OCA 2011 -02 5 Rev 2/2/2012 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. XIX 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 Al Scope of Services of Task -1 Exhibit Al.a Phase I CSO: Responsibility Matrix Exhibit B Performance Period Exhibit B1 Schedule of Task 1 Exhibit C Compensation and Payment Procedures Exhibit Cl Budget and Level of Effort of Task 1 Exhibit D 2012 Hourly Wage Rates Exhibit E Insurance Exhibit F Key Personnel Task 1 IN WITNESS WHEREOF: The Parties hereto have executed this Agreement by having their authorized representatives affix their signatures below. CONSULTANT CITY Vanir Construction Management Inc CITY OF PORT ANGELES OCA 2011 -02 6 Rev 2/2/2012 TITLE: President OCA 2011 -02 BY: l Ma sour M. Aliabadi SIGNATURE DATE: 2/22/2012„ CITY MANA SIGN TURE E: APPROVED AS TO FORM: BY: ATTEST: CITY ATTOR EY 7 Rev 2/2/2012 The CONSULTANT shall provide to the CITY's Department of Public Works Utilities Department CONSULTANT services for various CITY projects. The CONSULTANT'S services shall be provided as requested by the City Manager or his designee on an as needed basis, as set forth in a "Task." The CONSULTANT shall provide construction management services for the Phase I CSO Project and any additional projects which may be awarded under this contract as separate Tasks. Additional tasks authorized after the Agreement is signed will be included as task orders. SECTION 1. GENERAL PROVISIONS EXHIBIT A SCOPE OF SERVICES A. The CONSULTANT shall perform all services to the satisfaction of the City Engineer. B. All of the services furnished by the CONSULTANT under this Agreement shall be of the currently prevailing professional standards and quality demonstrated and provided by construction management consultant of similar knowledge and skill engaged in related work throughout Washington under the same or similar circumstances. All documentation prepared by CONSULTANT shall provide for a completed Task that conforms to all applicable codes, rules, regulations and guidelines which are in effect at the time such documentation is prepared. C. All work performed under this Agreement shall be authorized in the initial Agreement or by an additional bilaterally agreed to Task Order. Each Task shall detail the nature of the specific services to be performed by the CONSULTANT, the time limit within which such services must be completed and the compensation for such services. Such details shall include a description of the Task for which CONSULTANT shall perform the services, the geographic limits of the Task, the type and scope of services to be performed, the format and schedule for deliverables, the schedule of performance, and the schedule of compensation. CONSULTANT shall not perform any services unless part of the original Agreement or authorized by a fully executed Task Order. Any unauthorized services performed by CONSULTANT shall be at no cost to the CITY. D. CONSULTANT shall begin work under the Task only after receipt of the authorizing initial Agreement or Task Order bearing the approval signature of the City Manager or the City Manager's designee. Each authorized Task Order issued under this Agreement, by the City, shall incorporate all the terms and conditions of this Agreement. E. CITY will assign a Project Manager to facilitate each Task authorized under this Agreement. CONSULTANT shall coordinate with the designated Project Manager on the performance of each Task. F. CONSULTANT shall be responsible for the coordination with necessary CITY and federal, state and local agencies for all services authorized under this Agreement. SECTION 2. BASIC SERVICES. CONSULTANT shall provide construction management services for the CITY as specified in each Task. CONSULTANT shall provide the general types of services set forth below. This list of work is meant to be illustrative in nature only and is not meant to be a complete or exclusive list of construction management services: 1. Phase I CSO Project construction management 2. Waterfront Improvement Project construction management 3. Other construction management projects as awarded. OCA 2011 -02 8 Rev 2/2/2012 SECTION 3. SPECIFIC SERVICES. A. Service Initiation Prepare Task Scope and Proposal Upon request of CITY's Project Manager, CONSULTANT shall meet with the Project Manager to discuss the Task. CONSULTANT shall become familiar with the Task description, scope and goals and develop proposed scope of services. CONSULTANT shall prepare a proposed scope of services consistent with the standard electronic format of CITY Professional Service Agreement Task Order as determined by the Project Manager. The proposed scope of services shall, at a minimum, include the following: a task description, a scope of services including deliverables, a schedule of performance, and a schedule of compensation. For each Task, in addition to the specified services, products and deliverables detailed in the Task, CONSULTANT shall typically perform the following sub tasks, which may be aggregated for administrative efficiency: Sub -Task 1 Initial Meeting Prior to beginning substantive work on a Task, CONSULTANT shall meet with CITY to establish procedures and notifications for any necessary meetings and communications with CITY staff; collect available data from the CITY and establish additional data needs and availability; confirm the format for all Task products and deliverables; and address any preliminary Task concerns. The meeting will be the primary opportunity to discuss the CITY'S intent, schedule and budget for the Task. The CONSULTANT shall prepare minutes of the meeting and distribute minutes to meeting participants. Sub -Task 2 Task Coordination Meetings CONSULTANT shall attend and /or conduct Task coordination meetings as required to perform authorized services and as required by the Project Manager. CONSULTANT shall prepare minutes of each meeting and distribute minutes to participants. Sub -Task 3 Task Schedule CONSULTANT shall prepare and submit a detailed schedule of performance consistent with the Task schedule to the Project Manager for review and approval. CONSULTANT shall confirm or update the schedule monthly at a minimum. Any changes to the schedule shall be with the prior written approval of the City Engineer. Sub -Task 4 Task Progress Report CONSULTANT shall submit a monthly report to the Project Manager detailing progress on the Task services. Sub -Task 5 Request for Payment Invoice CONSULTANT shall submit progress payment invoices to the Project Manager monthly, as specified in Exhibit C. The updated Task schedule and progress report may be submitted as attachments to the invoice. Sub -Task 6 Task Record CONSULTANT shall develop and maintain a detailed record of the chronology of the Task milestones completed that are decisive, conclusive, or relevant to the outcome of the Task. CONSULTANT shall submit a copy of the Task record to the Project Manager prior to final payment for services performed on the Task. The record shall be submitted in both paper and electronic format. Sub -Task 7 Project Documents Aside from deliverables specified in the Task, and before the conclusion of the Task and final payment for services performed, CONSULTANT shall submit to the Project Manager a copy of all Task documents that are decisive, conclusive, or relevant to the outcome of the Task. Such documents may include, without limitation, topographical surveys and mapping, field notations, utility mapping, site inventories, base plans, reports and studies, permit applications and permits, environmental documentation, records of meetings, and communication documents. Documents shall be submitted in both paper and electronic format, as available. The Project Manager will review and comment on proposed scope of services, and the parties shall agree on the terms of the final Task. CONSULTANT shall not be compensated for work performed in preparing a draft scope of services for a Task. OCA 2011 02 9 Rev 2/2/2012 B. Task Authorization The finalized Task Order will be authorized by the City Manager or his designated representative in accordance with authorization procedures provided in the Port Angeles Municipal Code, Section 3.05. C. Service Implementation Upon receipt of an authorized Task and Notice -to- Proceed, CONSULTANT shall begin Task services OCA 2011 -02 END OF EXHIBIT 10 Rev 2/2/2012 A. BACKGROUND AND OBJECTIVES EXHIBIT Al SCOPE OF SERVICES 2012 On -Call Construction Management Service Task 1: Phase I CSO, Project No. 06 -01 A.1 Backaround and Objective: The Agreement's objective is Phase I CSO Project construction management services (Project The Project work area extends from downtown Port Angeles, along the waterfront and the Olympic Discovery Trail, through the former Rayonier mill site, to the City's wastewater treatment plant (WWTP). The former Rayonier mill site is a Model Toxics Control Act site currently being cleaned up under an Agreed Order between the Washington State Department of Ecology and Rayonier LCC. Soil and groundwater handing from excavations on the former Rayonier mill site will be subject to agreements and coordination with Rayonier and Ecology. The CONSULTANT shall perform construction management services as the lead representative for the CITY, providing oversight and administration of the Contractor performing work for the Phase 1 CSO Project (Project No. 06 -01) as designed by Brown and Caldwell (ENGINEER). This Project consists primarily of constructing the following: Demolition of various site features; Sliplining HDPE force mains through approximately 5,600 LF of existing abandoned industrial water line; Open -cut construction of approximately 5,000 LF of 36 -inch HDPE, 3,300 LF of 24 -inch and 30 -inch HDPE, and 1,300 LF of 16 -inch and 36 -inch pipelines, of which 4600 LF of trench length is the on the MTCA site; Modifications to the existing wastewater treatment plant, including replacement and upgrades of major equipment items; New prestressed girder bridge over Ennis Creek; New structures, including an influent diversion structure, CSO return pump station, and effluent diversion structure; Modifications to an existing 5 MG above ground welded steel storage tank; Other miscellaneous and related work including electrical and control systems. B. GENERAL ASSUMPTIONS AND APPROACH TO SERVICES B.1 Construction Manaaement Duration: The duration of the construction contract is currently estimated to be 550 calendar days. Including pre construction, bid phase, and project closeout services, a duration of 24 months has been assumed for the construction management services. CONSULTANT staffing estimates have been based on the plans and specifications made available by the CITY (Draft 100 the current proposed duration of the construction contract, and the City's plans to advertise for contractors in March 2012 with the expected Notice to Proceed (NTP) to the Contractor of no sooner than June 4, 2012. B.2 Contractor Direction: The CONSULTANT will be the CITY's lead representative for the Project and shall provide the primary day to day direction and written correspondence with the Contractor. B.3 CONSULTANT Level of Effort: The level of construction management 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. The Project budgets expressed are based on the CONSULTANT's experience as it relates to normal parameters of change and contractors conformity to the contract requirements. B.4 CONSULTANT Field Office: The CONSULTANT shall provide a field office on -site including intranet and phone access, furniture, janitorial services and supplies and hot /cold water dispenser. The Contractor OCA 2011 -02 11 Rev 2/2/2012 shall provide parking stalls for the CONSULTANT and CITY staff. The Contractor shall be responsible for providing electrical, water and sewer hookups for the CONSULTANT. The field office will require a double wide (or two joined) trailers approximately 24' X 60'. The base scope of services is predicated on a field office of this size with no land rent. Office supplies, server, computers, and printer /scanner /fax machine will be provided by the CONSULTANT. The cost of cellular phone service for the CONSULTANT staff will be billed to the CITY. It is assumed that the CONSULTANT field office will be located on CITY property or CITY obtained easement area near the CITY's existing wastewater treatment plant or at another location that is mutually agreeable to the CITY, CONSULTANT, and Contractor. B.5 Miscellaneous Electrical. Mechanical, and Geotechnical Support: The ENGINEER shall provide periodic observations to support the CONSULTANT's inspection of mechanical, electrical and instrumentation work. The CONSULTANT will coordinate with the ENGINEER to have their electrical and mechanical engineers make observations and comments on the electrical and mechanical installations. The ENGINEER (or their subconsultant) will provide geotechnical engineering assistance as needed. CITY inspector(s) shall provide code related electrical and building department inspections. 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 Exhibit -A.1a. Task -1 CSO Project Responsibility Matrix: Attached to Exhibit -Al is Exhibit -A.la, Task 1: CSO Project Responsibility Matrix. Exhibit A.1a forms the foundation and understanding of the below Scope of Services as well as defining roles and responsibilities per tasks. B.8 Toxic and Hazardous Materials: Contaminated soil has been found on the Project site, and removal and disposal of such soil is the responsibility of the construction contractor. CONSULTANT will monitor the Contractor's activities to ascertain compliance with the contract documents; however, the CITY acknowledges that the CONSULTANT is not and shall not be required to be in any way an "arranger "generator "operator or "transporter" of hazardous materials present at or near the Project site, as these terms are defined in applicable federal or state statutes. The CITY also, acknowledges that the CONSULTANT is not responsible to discover, handle, remove or dispose of toxic or hazardous material. If any hazardous materials not currently documented are discovered during construction activities, CONSULTANT will inform CITY, so that the CITY's environmental consultant can assess the situation. CONSULTANT will include hazmat awareness training for their employees, and hazmat response to their employee's exposure, in their Site Specific Health and Safety Plan C. PRECONSTRUCTION SERVICES C.1 Construction Management Plan: The CONSULTANT shall develop a Construction Management Plan (CMP) that defines the Project team's organizational relationship and construction management processes that relate to change management, requests for information, scheduling, submittals, non conformances, inspection, quality control, permit compliance, and management information systems. Exhibit A.1 will assist in the development of the CMP. Any conflicts between the CMP and Exhibit A.1 will be discussed with the CITY, and unless modified, the contract shall control. Deliverable: Draft and Final CMP (five copies plus one editable electronic version and one PDF version) for distribution to the City. C.2 Master Construction Schedule Development: The CONSULTANT shall develop a Master Construction Schedule with a reasonable level of detail, to verify the ability to complete the project within the planned duration of 550 calendar days provided by the contract documents. This schedule shall also include the OCA 2011 -02 12 Rev 2/2/2012 planned waterfront development project that interfaces with Task I. The CONSULTANT, by developing such a schedule, is not guaranteeing that the Contractor will complete the project in that sequence or timeline, as means and methods are the responsibility of the Contractor. Deliverables: Provide six hard copies 11 X 17 of Master Schedule (One PDF version). Update as required. C.3 Document Control: In concert with the CITY's procedures, the CONSULTANT shall prepare a SharePoint based system a document control system that defines the flow of documents on the project. The 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 shall be amended to require the use of SharePoint by the Contractor. The CONSULTANT shall provide one training session for CITY and Contractor project members who will use the document control system. Deliverables: Contract files organized by file index ready for archiving (both hardcopy and electronic versions). A document control system utilizing SharePoint. C.4 Constructabilitv Review of 100% Construction Documents: The CONSULTANT shall provide a limited constructability review of the 100% Construction Documents based on the following: 1. Kick off Meeting: The CONSULTANT and CITY (City Optional) shall meet with the ENGINEER's team to discuss the 100% drawings and specifications review. The purpose of the meeting is to introduce any new participants to the review (O &M staff, field staff), describe the review processes that will be used, establish the schedule, identify communication protocols, set up passwords to the CONSULTANT's constructability review website, and explain features of the web application and the role of the ENGINEERs in replying to each comment. 2. Technical Bid Document Review: At 100% construction documents completion, the CONSULTANT shall review the construction document drawings and specifications for constructability, coordination, clarity, and phasing. The front end documents and the bid schedule will be reviewed as part of the 100% technical review. The CITY shall provide the CONSULTANT electronic copies of the 100% plans and specifications. In addition, the CITY shall provide electronic copies of any new reports or information that should be considered in the review. To the extent that they can be reasonably determined, given the duration and circumstances of the review, the CONSULTANT shall provide written comments on: a. errors, omissions, ambiguities and conflicts b. inclusion of soils report recommendations c. coordination between design disciplines d. accuracy of represented site conditions e. construction feasibility f. phasing of construction g. site logistics including adequacy of access, utilities and laydown area h. compatibility of "front end" documents and the technical specifications 3. Reconciliation Meeting: The CONSULTANT shall participate in one meeting at the CITY following the review to present and discuss the comments with the CITY's Project Manager and staff and the ENGINEER. The CITY will determine which review comments shall be incorporated into the final design and direct the ENGINEER accordingly. OCA 2011 02 13 Rev 2/2/2012 4. Deliverables: Three copies plus one electronic version of the comments resulting from the reviews shall be provided to the CITY for further distribution along with one copy of marked up contract drawings. 5. Intent: The CONSULTANT is not responsible for providing, nor does the CONSULTANT control, the project design or the contents of the design documents. By performing the reviews described herein, the CONSULTANT is not acting in a manner so as to assume responsibility or liability, in whole or part, for all or any part of the project design and design documents. The CONSULTANT's actions in reviewing the design documents and in making recommendations as provided herein are advisory only to the CITY. The ENGINEER is not a third party beneficiary of the CONSULTANT's work and the ENGINEER remains solely responsible for the contents of the design drawings and specifications. C.5 Survey: The CONSULTANT shall have within its team a surveyor licensed within the State of Washington to perform survey staking as needed. For purposes of this Agreement, a $20,000 budget has been established as a reasonable level of effort. D. BID AND AWARD PHASE SERVICES D.1 Bid Marketina: The CONSULTANT shall assist the CITY in its bid marketing for the Project. This will entail contacting potential bidders prior to the bid to inform them about the Project and includes contacting bidders during the bid period to ascertain interest and concerns. Information about the Project will be reviewed and approved by the CITY prior to dissemination to potential bidders. Deliverables: Log of contractors contacted and dates. D.2 Bid and Award Assistance: The CONSULTANT will assist the CITY during the Bid and Award period as needed and as clarified in Exhibit A.1a. D.3 Pre -bid Conference: In conjunction with the CITY and ENGINEER, the CONSULTANT shall participate in the Pre -bid Conference. The conference will be arranged by and hosted by the CITY and will be a forum for the CITY, CONSULTANT and ENGINEER to explain the Project requirements to the bidders, including schedule requirements, time and cost control requirements, access requirements, the CITY's administrative requirements, and technical and other information. D.4 Bid Ooenina and Recommendations: The CONSULTANT shall attend the bid opening and shall assist the CITY in evaluating the bids for responsiveness, responsibility, and price and shall 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 Meetina: The CONSULTANT shall prepare an agenda, conduct the Pre Construction Meeting and take and distribute meeting minutes. Deliverables: Final Pre Construction Meeting Minutes (three copies plus one PDF version). E.2 Partnerina Participation: The CONSULTANT shall participate in the partnering sessions with Project Team members. The partnering sessions will be arranged and hosted by the Contractor as provided for in the construction contract documents. E.3 Submittal Coordination: The CONSULTANT shall develop a Master Submittals List to assist in verification that all required submittals have been submitted upon. The CONSULTANT shall coordinate the submittal process between the Contractor and the ENGINEER. The CONSULTANT shall track OCA 2011 -02 14 Rev 2/2/2012 submittals and expedite timely responses from the ENGINEER 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. Review of contract drawings, methods of work, or information regarding materials or equipment the Contractor proposes to provide, shall not relieve the Contractor of his responsibility for errors therein and shall not be regarded as an assumption of risks or liability by the CONSULTANT or the CITY, or by any officer or employee thereof, and the Contractor shall have no claim under the contract on account of the failure, or partial failure, of the method of work, material, or equipment so reviewed. A mark of "NO EXCEPTIONS TAKEN" or "MAKE CORRECTIONS NOTED" shall mean that the CONSULTANT has no objection to the Contractor, upon his own responsibility, using the plan or method of work proposed, or providing the materials or equipment proposed. Deliverables: Master Submittal Log, Submittal Log and Submittal files with original submittal, comments, and final submittal. E.4 Reauests for Information: The CONSULTANT shall coordinate Contractor Requests for Information (RFIs) with the ENGINEER. RFIs will be logged and tracked. Written responses shall be expedited to support the needs of the Project. Technical RFI's will be forwarded to the ENGINEER for a response. The CONSULTANT will track RFI turnaround times and advise the ENGINEER of RFIs requiring expedited response. Deliverables: RFI Log and RFI files with original RFI and response. E.5 Proaress Meetings: 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.6 Chanae Management /Estimatina /Schedule Impact 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 estimates will be prepared for change order negotiations. The CONSULTANT shall review and comment on schedule impact requests stemming from a change order. 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.7 Schedulina 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. Ensure that Contractor's schedule is consistent with requirements of the contract documentation and permits. Ensure Contractor's schedule includes supply and delivery of critical equipment and critical submittals, critical is defined as being on the critical path. Any issues of concern. OCA 2011 02 15 Rev 2/2/2012 In compliance with the contract, The CONSULTANT will request schedule recovery plans should the Contractor's schedule progress show slippage. 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 Time Impact Analysis. E.8 Payment Aoolication: The CONSULTANT will receive, review, negotiate, and assist the CITY in processing the Contractor's payment application. 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, and provide information on current issues and general scheduling status. Deliverables will be a two -to -four page report at the end of each month starting with on -site construction and ending with substantial completion. Each report shall include at a minimum the following: Brief summary of construction completed during the period. Construction work in progress and /or scheduled to start for the next period. Issues which need to be addressed to maintain schedule. Review of schedule progress vs. actual progress. Review of contractor's cash flow and cash flow projections. Identification of critical issues with construction which could impact cost or schedule. Status report on Contractor's administrative requirements including As -Built documentation, submittal follow -up, change order processing, RFI 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 Inspection: The CONSULTANT shall provide field inspectors per Exhibit B1, CSO Phase I Level of Effort. Exhibit B1 may be modified by written agreement of the CITY and the CONSULTANT in response to the Contractor's work sequence and schedule. A daily inspection report will be prepared by each inspector that will document work activities and installed quantities. The inspectors shall take photos and videos as necessary to document the work. All photos shall be labeled, dated, and logged. No independent verification of unit price quantities will be provided when the work is not being observed. Progress photos of work observed will be taken. No offsite fabrication inspection is anticipated. Deliverables: Daily inspection reports and progress photos. E.11 Inspection Clarification: The CONSULTANT shall monitor the quality of the construction to guard 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 CONSULTANT or the CITY, or as releasing the Contractor from the fulfillment of any of the terms of his contract. OCA 2011 02 16 Rev 2/2/2012 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 CONSULTANTs 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 Proaram: 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 of it. E.13 Soecial Inspections /Material Testina: 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 the Contractor takes. Deliverables: Special Inspection Daily Reports and Material Testing Reports. E.14 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.15 Substantial Completion: In consultation with the ENGINEER and CITY, the CONSULTANT shall review the Contractor's request for substantial completion and final completion. CONSULTANT shall recommend to the CITY when the Project and the Contractor's work is substantially complete. 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. E.16 Closeout Services: The CONSULTANT will assist the CITY in processing closeout documentation. This includes processing final change orders, receiving and reviewing as -built and vendor O &M manuals, and processing final payment applications. The CONSULTANT will insure that the Contractor secures easement restoration acceptance from private property owners. The CITY will take the lead in completing the public works contract acceptance and release of retainage. Deliverables: As -built drawings, vendor O &M data, warranties, spare parts E.17 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. E.18 Dispute Review Board Assistance. When requested, the CONSULTANT will provide assistance to the Dispute Review Board that is defined as part of the construction contract, in providing access to project records and assisting with making copies of requested records. F. POST CONSTRUCTION PHASE OCA 2011 -02 17 Rev 2/2/2012 F.1 Final Completion: The CONSULTANT shall assist the CITY to determine final completion. F.2 Final Payment: 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 for as -built record drawings and transmit them to the ENGINEER. F.4 External Audits: The CONSULTANT shall provide a staff member to support any external audits. G. OPTIONAL SERVICES G.1 Claim Resolution SUDDOrt: The base scope of work does not include claim resolution support. If claim support is needed from the CONSULANT this would be an extra service. This service would be dependent upon the details of the specific claim. OCA 2011 -02 END OF EXHIBIT 18 Rev 2/2/2012 LO VAMIR SEO No I P No PHASE DITAROMKIRMADORDIIMIDISIDNORAIIIILIINVO 001 I 1 I TASKS ALL PHASES 002 I 1 I TASKS ALL PHASES I 003 I 1 I TASKS ALL PHASES 004 I 2 I PRE- CO CTION I 005 I 2 I PRE-CONSTRUCTION I 006 2 PRE- CONSTRUCTION PHASE 007 I 2 008 I 2 009 I 2 010 2 011 2 PRE CONSTRUCTION PHASE 012 014 015 016 017 018 019 020 021 022 3 3 3 3 3 3 3 3 PRE CONSTRUCTION I PHASE PRE- CONSTRUCTION PHASE PRE- CONSTRUCTION C PHASE PRE- CONSTRUCTION C PHASE 2 I PRE CONSTRUCTION PHASE 013 3 BID AND AWARD BID AND AWARD BID AND AWARD BID AND AWARD BID AND AWARD BID AND AWARD BID AND AWARD BID AND AWARD BID AND AWARD BID AND AWARD EXHIBIT A.la CSO Phase I CM Services Contract Responsibility Matrix ELEMENT ..:;t,...i, 4N7 4 Itiu :,tort Typical Task Typical Task Typical Task Final Design Final Design Construction Document 100 Construction Document 100% Construction Document 100% onslmction Documents 100% onstniction Documents 100% Pre -Bid Pre -Bid Pre -Bid Pre -Bid Pre--Bid Bid Preparatbn Bid Preparatbn Bid Preparatbn Bid Preparatbn Bid Preparation Bld Preparatbn Bid Preparatbn DESCRIPTION t!"+kwS!ah"kV1ur+'a;o to `LVaau4�Yi iw'+`� ".w,rnu ■iw.&t3VAD;raa, i ,i I Venfy status of project, design, budget, permits, easements, nsk assessment !Manacle Vanir Contract within established budgets !Prepare monthly Vanir Contract status report 'Develop Construction Management Plan 'Establish communication link between project team members 'Submit 100% comments to Designer and Owner for review 'Incorporate accepted comments in documents Prepare draft construction schedule Review draft schedule for compliance with contract constraints, compliance with code and regulatory and local agency requirements Determine whether adding "Minor Change" bid Item Is legal within current City Ordinance Coordinate presentation at City Counal meetings Prepare schedule for bid and award Secure City Counal approval for proceeding with bid/award phase Reproduce bid documents Prepare advertisements for bid Place advertisements for bid Distnbute log bid documents Pre -bid conferences II Perform review of 100% plans specs, including bid schedule front 4 end documents for constructability, phasing, clarity per work scope Set up SharePant system 2 'Develop procedures and forms for construction phase documentation II 2 process Conduct marketing efforts with potential contractors to stimulate 2 competitive bidding ttesoonsibAlfv Key; I Prbnary 2 Secondary 3 information Only 3 3 4 2 N 1 N 1 3 1 2 1 4 Review Approve N No Involvement N N 3 2 3 1 N N N 3 2 N 11 II 4 I 1 1 2 1 2 I N II 2 I 2 I 1 I N I N N N N N N N N N 2 4 2 N N N 2 3 N N N 2 3 N N N 2 3 N N N 2 N N N N 2 3 N N N 3 3 N N N 2 3 N N N 2 2 N N N Comments Action items Lail.., «:..A",:∎ ita x 'Un d.:�, I 3 I N I N N O Abbreviations: PA City of Port Angeles VCM Vanir Construction Management B &C Brown Caldwell !Action Items in Yellow I PA to send B &C schedule to VCM for information 2 1 N N N Keith to send SharePant info to PA, Kathryn to check with IT on any concerns 2 1 N N N PA approved moving forward with Bid Marketing, VCM to put together list of potential contractors for review by team (aty to provic Changes c use C 3Efler 000 LL 2i $2 0,00 VANIR SEQ No. I P No i PHASE I Lakki.v.W.1.3" 004, .1V44,08,a; 44 023 3 BID AND AWARD 024 3 BID AND AWARD 025 3 BID AND AWARD 026 3 BID AND AWARD 027 3 BID AND AWARD 028 3 BID AND AWARD 029 3 BID AND AWARD 030 3 BID AND AWARD 031 3 BID AND AWARD 032 3 BID AND AWARD 033 3 BID AND AWARD 034 3 BID AND AWARD 035 3 BID AND AWARD 036 3 BID AND AWARD 037 3 BID AND AWARD 038 3 BID AND AWARD 039 3 BID AND AWARD 040 3 BID AND AWARD 041 3 BID AND AWARD 042 043 044 045 046 3 4 4 4 4 BID AND AWARD CONSTRUCT ION CONSTRUCTION CONSTRUCTION CONSTRUCTION 047 4 I CONSTRUCTION 048 4 CONSTRUCTION EXHIBIT Ala CSO Phase I CM Services Contract Responsibility Matrix ELEMENT Bid Preparatbn Bid Preparation Bid Preparatbn Bid Preparatbn Bud Preparatbn Bid Preparatbn Evaluate Bids Evaluate Bids Evaluate Bids Evaluate Bids Evaluate Bids Re-BE Re-Bid Award Award Award Award Award Award Award Construction Initiation Construction Initiation Construction Initiation Construction Initiation Construction Initiation Construction Initiation 049 4 CONSTRUCTION I Construction Initiation :],i 11,49&11 60;:;:rjiumpALopm§1.,K.9,exto 050 I 4 I CONSTRUCTION I Construction Initiation 051 4 CONSTRUCTION Community Relations DESCRIPTION Coordinate bidder's Questions Answer bidder's technical Questions Answer bidder's administrative Questions Prepare addenda Distnbute addenda Receive and open bids Verify responsiveness of bids Venfy licensure and mandatory responsibility cntena Check references Compare bids to master estimate Recommend award of contract If re-bidding is necessary. propose bid modifications If re-bidding is necessary, revise bid documents !Secure approval to award contracts IPreoare notice of award. distnbute and track contract(s) 1Secure sianatures !Vent, insurance compliance bier& bond rating compliance Prepare regulatory agency information forms IDistnbute construction sets to team !Conduct Partnering Meeting 1Develop Master Submittal schedule Ilssue notice to proceed Conduct pre-construction meeting, establish communication and construction phase procedures !Coordinate work of erne contractors Hold Public Meeting for Community Formally notify contractor of contractual obligation to conform to all applicable security. occupational safety and health standards lAaeguacy::101eVi.bfreatiffeetorACcidelif RitventioriLRIari, 'Monitor activities of contractors to ensure no on-site violations of [owner secunty provisions Issue Construction Updates to Community, post monthly report on website a2112121MadigaiZa I Prknany 2 Secondary 3- Information Only Yq.• 1 2 2 1 2 1 1 1 1 3 2 1 2 2 1 1 1 1 1 1 1 2 1 2 3 3 3 2 2 3 N 1 3 N N N N 3 2 3 2 2 3 2 2 1 1 2 2 2 2 3 2 N 2 2 4 Review Appnwe N No Involvement 0 r. 11 2 1 N I N N N N N N N N N N N N N N N N N N 5 z e o I Comments 8, Action items N NI N NI N NI N NI N NI N N N N N N N N N N N N N N N N N N N N N N N N N N N N SRF loan, etc City to take lead in determining paperwork needs once permits are received N I N II 1 I N II N I N II N I N II II 2 I 1 I 3 NI II 2 I 2 I 2 2 I II 3 1 3 I 1 3 II 1 i 3 I 3 2 11 2 1 2 1 2 2 3 11 II 3 I 3 I 1 2 I 2 I 3 1 1 Interface at plant 1 2 2 N 2 N PA to define what, if any, Public meetings are necessary, VCM and B&C to support. 2 N 1 N 11 IlActIon Items in Yellow 11 2 1 N I 1 12 IN IN ris applies pnmanly at WWTP Abbreviations. PA City of Port Angeles VCM Vanir Construction Management B&C Brown Caldwell 1 2 2 N 2 N Coho Ferry, Red Lion and hobby shop primary businesses that are impacted by shelining work VANIR SEQ No I P No I 052 4 CONSTRUCTION 054 4 CONSTRUCTION 055 I 4 I 056 I 4 1 057 I 4 058 4 059 4 CONSTRUCTION 060 4 CONSTRUCTION 061 082 PHASE CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION i 063 I I CONSTRUCTION 064 I 4 I CONSTRUCTION 065 4 CONSTRUCTION EXHIBIT A.la CSO Phase I CM Services Contract Responsibility Matrix 053 I 4 I CONSTRUCTION I 066 1 4 1 CONSTRUCTION I 087 I I CONSTRUCTION I 068 1 4 1 CONSTRUCTION I ELEMENT Community Relations Inspection Inspection Inspection Inspection Inspection Inspection Inspection Inspection Inspection Inspection Inspection Survey U0r16es UUtties Submittals Submittals DESCRIPTION Coordinate information distnbution to local businesses and public for current schedule impacts 'Provide Special Inspection &Testing Services Provide contaminated sal &water testing on Rayonier site !Prepare Daily Inspection Reports and Proaress Photos (Prepare reaulatory agency forms (Coordinate and schedule all on -site inspection and testing Inspect for electrical contract compliance Inspect for electrical code compliance Inspection of Instrumentation Controls (I &C) (Coordinate activities of Archeologist 'Submit Archeologist report to appropnate agencies 'DOE SWPPP Reports !Esta Establish wetlands areas, control points, check contractor surveyor as II blish Make application for utility connection (Coordinate plant interface with contractor(s) !Manage flow of submittals to insure timely return to contractor (Review shop drawings Reanonalb #fty Key: 1- Primary 2 Secondary 3 information Only N 2 N 4 3 I 1 11 N City to take the lead on Community Relations with support from VCM and B &C N 1 N N I N Ilneootiations for this work begin 11r n 2 N 1 N u,onvacior responsible" ror sample for sue„,,, health and safety. waterdlscharge t4 POT 1uida ice on 2 2 N I 1 I N I N I N II N I 1 I N I N I N I I Federal funding. wane rates N I 1 I N I N 1 2 II N 1 N N N VCM to provide initial inspection for conduits, etc and keep City Electrical Inspector involved N 2 N N N CIA/ Inspecto h: s final �n it stg o 1 `j gliq ua_u1nE) as (aril fbi d? N I N I N I 3I 2 2 2 1 2 4 Review Approve N No Involvement N N I N I N I N I 6 0 U N N 1 N N m cn I N I I I N II re ib II 2 1 N I 1 1 2 1 2 I N II II 2 1 N 1 1 I N I N I N II II 3 1 4 1 2 1 3 I N I N II Abbreviations. 'M PA City of Port Angeles VCM Vanir Construction Management B &C Brown Caldwell 1Actlon Items In Yellow Comments Action Items I Qty Ii rche ologls� to et c Inc who ae s repo, and hoK o en Il eg su• i .Is E 9 de if ned n fS}7V arl o S ...P,P.P. VCM to contact Wengler to discuss pricing for additional surveyinn_needs CI Y Ele cal Erigl na een rig has find fiV(;)=37 dis'buon sibll VANIR SEQ No. I P No I PHASE 069 070 071 072 073 074 075 076 077 4 I CONSTRUCTION 078 4 I CONSTRUCTION N 079 4 I CONSTRUCTION N 080 4 I CONSTRUCTION 081 4 I CONSTRUCTION 082 4 I CONSTRUCTION 083 4 I CONSTRUCTION 084 085 086 087 088 089 090 091 092 093 094 095 096 097 098 099 100 4 I CONSTRUCTION 4 I CONSTRUCTION CONSTRUCTION 4 I CONSTRUCTION 4 I CONSTRUCTION 4 I CONSTRUCTION 4 I CONSTRUCTION 4 I CONSTRUCTION 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION EXHIBIT A.la CSO Phase I CM Services Contract Responsibility Matrix ELEMENT Submittals Submittals Submittals Job Site Meetings Job Site Meetings Schedules Schedules Schedules Monthy Report Request for Infonnatbn Request for Information Request for Information Request for Information Request for Information Change Orders Change Orders Change Orders Change Orders Change Orders Change Orders Labor Compliance Labor Compliance Payment Request Payment Request Payment Request Payment Request Payment Request Payment Request Payment Request Payment Request Payment Request Payment Request I DESCRIPTION U w rug „r ,v !Rev recommend acceptance of submittals in a timely manner II 3 !Evaluate "equals” and "substitutions" II 2 !Review Contractor's Accident Prevention Plan II 2 (Schedule conduct meetinas Ii 2 !Document meetinas II 3 (Evaluate and approve Baseline Construction Schedule II 3 !Evaluate contractor's schedule updates II 3 Evaluate and if necessary coordinate contractor(s) short interval II 3 schedules !Prepare Monthly Status Report for contract I I 4 !Perform initial review II N !Prepare RFI Response II 3 IPerlomi final review I I 3 !Ensure timely processing of RFI through time loos II 3 !Issue document clanfications H 3 'Review proposed change orders for entitlement, cost and schedule II 2 Impacts !Prepare recommendation for approval II 2 Prepare change order documentation and coordinate approval by City 3 Review approved chance orders and ensure timely processina Obtain slanatures for chance orders Distnbute track chance orders Request and review certified payroll Venfy compliance with labor laws indudina prevaillna waae Develop pay request documents !Schedule track pay requests II IVenfv of completion I 'Confirm as -built drawings are complete to date of request and documents are well maintained !Provide payment recommendation letter II !Ensure timely processing of payment accordina to RCW H !Track actual estimated construction cost II 'Track stop notices releases, Non Conformance Reports releases II Develop and coordinate quarterly loan reports and reimbursement requests for SRF and PWTF 'Develop and coordinate Rayonier reimbursement request process ResoonsibU ty Key. 1 Primary 2- Secondary 3 information Only 4 2 2 N 3 2 2 3 N 3 2 N 2 2 2 4 4 2 2 3 3 3 3 3 I 1 N I 1 4 12 2 I 1 2 I 1 2 I 1 N N 21 3 N 3 N N N N N N N N N 3 N N 2- 2 2 4 1 4 4 2 1 4 4 1 2 4 Review 6 Approve N No Involvement b 0 r. N 2 N 2 3 N N N 3 N N 3 N N N N N N N N N N N N N N N N N N N N z t) N N N 2 3 N N N N N N N N N N N N N 2 N 2 2 N N 2 2 2 N 2 2 N N a rl N N N 2 3 N N N N N N N N N N N N N N N N N N N N N N N N N N I I, Comments Action Items II I I I I 11 I I I I 11 II Abbreviations. PA City or Port Angeles VCM Vanir Construction Management B &C Brown Caldwell lAction Items in Yellow VCM to work with PA to review current payment system and adapt project documentation to match 11 I I I I II I I (l C it ytobe in volved in all Shi and- .CurekNotices II 2 I I C itytkathryn to send Exhibit F to VCM for information w SEO No, I P No I 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 PHASE CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION CONSTRUCTION EXHIBIT A.la CSO Phase I CM Services Contract Responsibility Matrix 4 I CONSTRUCTION I 4 I CONSTRUCTION I 4 'POST CONSTRUCTION' 4 'POST CONSTRUCTION' ELEMENT I DESCRIPTION •Yis t Reg 'Develop u arterly p report template for loan agencies, p encies submit reports Payment Request quarter Project Close Out 'Conduct inspections to determine substantial and final completion, 2 including facility start un and operational checkout Project Close Out !Develop coordinate ore -final inspection, document punch lists II 2 Project Close Out [Develop document final punch list II 2 Protect Close out IDistnbute track all punch lists Ensure completion II 2 Protect Close Out (Coordinate equipment start-uD 11 3 Project Close Out 'Organize and coordinate the final testing of all equipment and systems'' 3 In accordance with contract documents Project Close Out 'Coordinate owner training for equipment II 3 Project Close Out !Ensure proper assembly of all warranty information II 3 Project Close Out !Prepare final as -built documents I I 3 Project Close out Review and forward to the owner wntten warranties, operations 3 manuals, spare parts, lien waivers, certificates of inspections and occupancy Project Close Out !Issue notices of completion II 1 Project Close out !Produce final protect report for funding agencies II 2 Project Close out !Send final proect report to funding agencies II 1 Project close Out !Final payments II 4 Project Close Out 'Determine withholdings for "other" work (i e landscaping 1 maintenance. etc Project Close Out Project Close Out Clams or DRB !Coordinate clearance of stop notices /NCRs II !Provide audit support to City as necessary II Develop, assemble, and submit documentation required to support the owner's position in the resolution of contractors claim, d necessary Net un DRB Ilssue Cure Notice and Show Cause Notices 'Coordinate response to problems Warranty Work 'One year project walk Claims or DRB Claims or DRB Warranty Work 1 1 Resaonsfbllfly Key: 1 Primary 2 Secondary 3 information Only 3 1 2 II II 2 2 3 2 3 3 N 4 N 3 2 N N N 3 2 2 a 1 1 2 1 2 1 2 2 2 1 2 1 4 Review Approve N No Involvement 0 a 2 2 2 2 2 2 2 3 3 3 N N N N N N N N N N N 2 2 2 2 N 2 N N N 2 N 2 N N II N N N N 3 3 N N N N N N N N N N N N II I I I I 1, I I II I I I I I I I I I I I I I I II I I 11 II 1 I N I 2 I N I 1 I N II II 1 1 2 I 2 I N I N I N II 12121 N I N I N II N 1 2 I N I N 'I Abbreviations. PA a City of Port Angeles VCM Vanir Construction Management B &C a Brown Caldwell `Action Items In Yellow Comments Action Items EXHIBIT B PERFORMANCE PERIOD All work under this Agreement shall be completed within performance periods set forth in the Tasks. This Agreement shall be effective on the last date set forth in the signature page. This Agreement will remain in force and effect for inclusion of additional Tasks Orders for three years from the effective date. The terms of this Agreement shall remain in full force and effect throughout the performance period for any for all Tasks authorizing the performance of work under this Agreement that are properly executed prior to the expiration of this three -year period. Hourly rates are established for each performance year of the Agreement in Exhibit D. OCA 2011 -02 END OF EXHIBIT 24 Rev 2/2/2012 Pre construction Phase February 24, 2012 to May 31, 2012 Construction Phase June 1, 2012 to December 3, 2013 Post Construction Phase December 4, 2013 to January 2, 2014 OCA 2011 02 EXHIBIT B1 Schedule of Task 1 25 Rev 2/2/2012 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. Section 1. Maximum Compensation for On -call Agreement. 1.1 Manner of Payment: Each Task will set forth whether the CITY will pay the CONSULTANT for work performed under such Task on a time and materials price basis or on a lump sum basis. Section 2 of this Exhibit applies to all Tasks where the CITY will pay the CONSULTANT on an hourly basis for the work performed. Section 2. Payment Hourly Rate basis. 2.1 Payment shall be on the basis of the CONSULTANTS cost for actual labor, overhead and profit plus CONSULTANT'S direct non -salary reimbursable costs as set forth in the attached Exhibit C1. Notwithstanding anything to the contrary, the hourly rates set forth in Exhibit D are valid for the term of this On -call Agreement unless changed by written amendment. 2.2 Labor costs shall be based on the estimates shown in Exhibit C1 and hourly wages and rates shown in Exhibit D. Exhibit D shall be updated each January to reflect the CONSULTANT'S current wage rates for the coming calendar year. Hourly rates shall be based upon an individual's hourly wage times a multiplier of 2.97. The multiplier shall include overhead, CADD, computer and profit. General clerical time shall be considered an overhead item, except where specific work items are involved that require one hour or more continued effort, in which case time will be charged on the basis of hours worked. 2.3 The direct non -salary reimbursable costs are those directly incurred in fulfilling the terms of this Agreement, including, but not limited to, travel, subsistence, telephone, reproduction and printing, supplies and fees of outside services and consultants. No overhead and profit may be added to direct non -salary reimbursable costs. Section 3. Payment Additional Requirements OCA 2011 -02 EXHIBIT C COMPENSATION 3.1 Each Task shall specify the maximum amount of compensation for the work, including both payment for professional services and reimbursable expenses. CONSULTANT shall complete all work it is required to perform under the Task for no more than the specified maximum amount. Any hours worked for which payment would result in a total exceeding this maximum amount shall be at no cost to CITY. 3.2 If the Task itemizes budget amounts for any phase or category of work then CONSULTANT shall not exceed such itemized amount without the City Engineer's prior written authorization. The City Engineer may approve, in writing, transfers of budget amounts between any of the phases or categories of work listed in the Task, provided the aggregate total compensation does not exceed the maximum compensation. 3.3. Payment for "Extra Work" performed under Section XI of this Agreement shall be as agreed to by the parties in writing. 3.4 Invoice: Every month CONSULTANT shall invoice CITY for work performed during the previous month. Invoices shall include 1) the work, hours, employee name, and hourly rate; 2) receipts and invoices for the non -salary direct costs; 3) the specific task or activity in the Scope of Services to which 26 Rev 2/2/2012 the costs are related; 4) a description the reimbursable expenses incurred; 5) documents showing the reimbursable expenses; 6) the cumulative total for each task; 7) the total to be paid for the invoice period; 8) the aggregate amounts of payments received to date under the Task; and 9) the balance of maximum compensation remaining. The CITY shall review the invoices and make payment for the percentage of the Task that has been completed less the amounts previously paid. 3.5 Electronic Funds Transfer. (a) Method of payment. (1) All payments by the CITY under this contract shall be made by electronic funds transfer (EFT), except as provided in paragraph (a)(2) of this clause. As used in this clause, the term "EFT" refers to the funds transfer and may also include the payment information transfer. (2) In the event the CITY is unable to release one or more payments by EFT, the CONSULTANT agrees to either (i) Accept payment by check or some other mutually agreeable method of payment; or (ii) Request the CITY to extend the payment due date until such time as the CITY can make payment by EFT (but see paragraph (c) of this clause). (b) CONSULTANTs EFT information. Within two weeks following award of the contract, CONSULTANT shall arrange for EFT transfer through the CITY'S Finance Department following Finance Department policy. In the event that the EFT information changes, the CONSULTANT shall be responsible for providing the updated information to the City's Finance Department. (c) Suspension of payment. If the CONSULTANT's EFT information on file with the Finance Department is incorrect, then the CITY need not make payment to the CONSULTANT under this contract until correct EFT information is provided and processed; and any invoice or contract financing request shall be deemed not to be a proper invoice for the purpose of late payment under this contract. (d) Liability for uncompleted or erroneous transfers. (1) If an uncompleted or erroneous transfer occurs because the CITY used the CONSULTANT's EFT information incorrectly, the CITY remains responsible for (i) Making a correct payment; (ii) Paying any late payment penalty due after 30 days of CITY receipt of a proper invoice; and (iii) Recovering any erroneously directed funds. (2) If an uncompleted or erroneous transfer occurs because the CONSULTANT's EFT information was incorrect, or was revised within 30 days of CITY release of the EFT payment transaction, and (i) If the funds are no longer under the control of the CITY'S Finance Department, the CITY is deemed to have made payment and the CONSULTANT is responsible for recovery of any erroneously directed funds; or (ii) If the funds remain under the control of the CITY'S Finance Department, the CITY shall not make payment, and the provisions of paragraph (c) of this clause shall apply. (e) EFT and late payment interest. A payment shall be deemed to have been made in a timely manner in accordance with the payment terms of this contract if, in the released EFT payment transaction, the date specified for settlement of the payment is on or before the late payment due date. (f) Liability for change of EFT information by financial agent. The CITY is not liable for errors resulting from changes to EFT information made by the CONSULTANT's financial agent. (g) Payment information. The Finance Department shall forward to the CONSULTANT available payment information that is suitable for transmission as of the date of release of the EFT, using the format and delivery method most convenient to the CITY. If the CITY makes payment by check in accordance with paragraph (a) of this clause, the CITY shall mail the payment information to the remittance address contained on file. END OF EXHIBIT OCA 2011 02 27 Rev 2/2/2012 VANIR tostReveron lonuary31, 2012 !Company IVam Nam IVam Nano IVam IVam IVam Sub Consultants !Company Mire Roberts IKEA Touts SaMntonn !RBA Nn Soeaal In ketdons INN Wenglet IWeryler Total Sub- COnsltants Budget 10%On Sub-Consultants MVO ktspratce.0 &PI Total Sub {mspltants Budget Wok 10% Mark-Up Team Member Scott Tomknspn Tim Clark Keith Parker Jason Hart Dan McNay Laura Dot Tedntd Support Vanr -Persp4tel Budget Indirect Budget Estimated Per Dem Long Term No Food Travel Sorts Fee Budget Mileage hspectorsVelttdes (6 desktspecmrs !Memel Indrred Budget Field Office Eusense 10% 10 &0,krmrarce.O&PI Total Feld Office Budget Trader 650 /Month N Electrical U68ty Hoak -uol 00 Cower /Scorner Server Intranet Attend Telephonesi OBrce Furniture! Todet Stroke 1 Ubltresl Supplies) Feb -12 Mar -12 IPaabon Rate 2012 Bate 2013 1 2 !Area Manger 5 16849 S 17439 40 24 IProlect Orector S 152 78 158 13 60 60 1Pror/Const Manager S 14993 S 15518 100 10 Protect Coordinator S 7360 S 7618 20 20 Senor Inspector 3 11114 115 03 Asast Protect Manager 3 102 05 S 105 62 40 40 COns/Sdtedulmo 5 14000 5 14490 20 4 Poston Vice Preedent 3 18883 19544 8 8 Field Engineer 7523 7786 Budget N/A N/A TBD TBD Budget N/A N/A TBD TBD 5900 /Month/Pernn/FTE 900 3 31 20 5 056 Average Monthly Budge Mob /Demob 5500 Each 5 800 00 Lumo Sum 32.000 550 /Month 5 55000 50 /Month S 5000 200/Month S 20000 200 /Month 5 20000 600/Staeon/iles 5 200 00 120 /Month 5 120 00 100 /Month 5 100 CO 300 /Month 5 300 00 EXHIBIT Cl CSO Phase I CM Services Contract Level of Effort 125 593 3 125 593 Aw -121 May 1 TBD TBD 16 60 100 20 40 3 125 593 31 4 a 16 32 100 W 8 8 0 TBD ino 5 125 593 5 6 500 a Jun 121 Jul -12 51 6 II 8 241 16 1601 160 160 160 160 160 8 8 4 4 8 4 160 160 18D 160 180 TB() 3.600 3,600 125 125 593 593 3 90013 900 S 2.200 5 2,200 Aug -121 Sep -121 71 81 41 41 241 1601 1601 1601 81 8 4 8 4 1601 160 1601 160 TBD 1BD hBD 18D 780 TBD 180 TBD 5 3,600 S 125 593 5 900 5 2.200 4 Oct -12 9 4 161 24 1601 160 1601 160 1601 160 81 8 41 4 00 1512,2 3,600 125 1 125 S 593 593 3 900 5 900 5 2.200 52.200 Nov -12 10 16 160 160 160 B 4 3,600 S 125 5 593 5 900 2.200 Dec -12 11 160 160 160 8 4 160 TBD no 5 3,600 125 5 593 900 2.200 Jan 13 Feb-13 Mar -131 Apr-13 12 13 141 15 4 4 4 4 161 24 16 24 160 160 160 160 160 1601 160 160 160 160 160 160 8 8g 8 8 4 4 4 4 4 160 1BD 1B0 8 160 no no 4 160 100 180 8 160 TBD no May 13 16 160 160 160 8 4 160 TBD TBD 3,600I 3,600 3,600 15 3 3 3,600 5 125 5 125 125 5 125 5 125 5 125 593 5 593 59315 593 5 593 S 593 5 900 S 900 5 900 1 900 900 900 5 2.200 1 2.200 5 2,200 1 5 2200 5 2.200 5 2.200 Total Budget 1 I 1 The wage rate shown above for 2013 Is only an estimate Wage rates will be updated each January to reflect the CONSULTANT'S current wage rates for he coming calendar year tun -131 lul -13 171 18 41 4 241 16 1601 160 16011 160 164 160 8 8 4 4 8 4 1601 160 100 TBD TBD TBD Aug -13 19 24 160 160 160 4 8 160 100 TBD 1 $5 S 3,600 125 5 593 S 593 5 900 1 900 5 2.200 S 2.200 5eo -13 20 4 16 160 160 160 8 4 4 160 1BD 180 5 3,600 125 5 593 5 900 5 2 200 00 -13 21 160 160 160 5 3.600 5 125 593 5 900 5 2,200 8 4 8 160 180 180 Nov -13 22 160 160 160 8 4 a 80 180 1B0 Dec -13 2 24 120 120 0 8 4 3,600 I 5 2,700 S 125 1 5 125 5 593 5 593 5 900 S 2,200 5 4.500 tan -141 241Tota15 41 184 161 612 80ri 3480 e1 3220 2.880 81 288 4 112 8 4 152 0 01 2 800 TBD hOD 1BD TBD RFD TBD 125 S 593 5 Frmtend Contract Credit I I I I I I Budget 31.309 S 94 870 532042 242,041 5 326 929 5 29762 15,935 1,272,888 5 29,204 215,068 S 75000 20000 S 339.272 33,927 S 37 &199 5 67,500 2.995 5 14 226 16200 3 100921 5 50.600 5.060 55,660 5 115,0001 5 1.787,668 EXHIBIT D CONSULTANT'S HOURLY WAGE RATES (2012) Title (Prime) Area Manger (Scott Tomlinson) Project Director (Tim Clark) Proj /Const Manager (Keith Parker) Project Coordinator (Jason Hart) Senior Inspector (Dan McNay) Assist Project Manager (Laura Ditt) Costs /Scheduling (Technical Support, avg) KBA subconsultant) Project Manager (Mike Roberts) Office Engineer (Tony San Antonio) NTI subconsultant) Principal Engineer (Robert Leach) Project Engineer (Justin Wilson) Senior Technician /Inspector (Shawn West) Technician (Trent Adams) Technician (Louie Bliemeister) Technician (Steve Pope) Wengler (subconsultant) Professional Land Surveyor Project Management (office preparation) Office Technician Office Administration Survey Crew 2 person END OF EXHIBIT Direct Salary (DS) (range) Total Rate $56.73 $51.44 $50.48 $24.78 $37.42 $34.36 $47.14 Direct Salary (DS) (range) $74.00 $29.48 Direct Salary (DS) (range) $30.29 $30.00 $20.00 $18.00 $18.00 $17.50 Direct Salary (DS) (range) $33.33 $30.00 $25.00 $25.00 $41.67 $168.49 $152.78 $149.93 $73.60 $111.14 $102.05 $140.01 Total Rate $188.83 $75.23 Total Rate $116.92 $115.80 $77.20 $69.48 $69.48 $67.55 Total Rate $100 $90 $75 $75 $125 OCA 2011 -02 29 Rev 2/2/2012 INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICE AGREEMENTS 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 form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 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. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington._ 4. Professional Liability insurance appropriate to the CONSULTANT's profession. 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. OTHER INSURANCE PROVISION ACCEPTABILITY OF INSURERS EXHIBIT E INSURANCE The CONSULTANT's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they 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. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. OCA 2011 -02 30 Rev 2/2/2012 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. NOTICE OF CANCELLATION The CONSULTANT shall provide the CITY with written notice of any policy cancellation, within two business days of their receipt of such notice. NOTICE OF CANCELLATION The CONSULTANT shall provide the CITY with written notice of any policy cancellation, within two business days of their receipt of such notice. FAILURE TO MAINTAIN INSURANCE 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 business days notice to the CONSULTANT to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, 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. OCA 2011 -02 END OF EXHIBIT 31 Rev 2/2/2012 OCA 2011 -02 Title Area Manager Project Director Proj /Const. Manager Project Coordinator Senior Inspector Assit. Project Manager Cost /Scheduling EXHIBIT F: KEY PERSONNEL Task 1 Vanir Construction Management, Inc. Personnel Scott Tomlinson Tim Clark Keith Parker Jason Hart Dan McNay Laura Ditt Technical Support, avg. KBA Construction Management, Inc, Project Manager Mike Roberts Office Engineer Tony San Antonio Principal Engineer Project Engineer Senior Technician /Inspector Technician Technician Technician Northwestern Territories, Inc Robert Leach Justin Wilson Shawn West Trent Adams Louie Bliemeister Steve Pope Wengler Surveying and Mapping Professional Land Surveyor James Wengler Project Management (office prep.) TBD Office Technician TBD Office Administration I TBD Survey Crew 2 person TBD END OF EXHIBIT 32 Rev 2/2/2012