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HomeMy WebLinkAbout000745 Original Contract City of Port Angeles Record #000745 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND ANCHOR QEA, LLC Landfill Cell Stabilization, Project No. 02-12 RELATING TO: Landfill Cell Stabilization Project Construction Management Services THIS AGREEMENT is made and entered into this J day of 2014, by and between THE CITY OF PORT ANGELES, a non-charter coae city of the State of Washington, (hereinafter called the "CITY") and Anchor QEA, LLC, located at 720 Olive Way, Suite 1900, Seattle, Washington 98101 authorized to do business in the state of Washington (hereinafter called the "CONSULTANT"). WHEREAS, the CITY desires construction management services assistance related to the Landfill Cell Stabilization Project, 02-12; and WHEREAS, the CITY desires to engage the professional services and assistance of a qualified consulting firm to perform the Scope of Services as detailed in Exhibit A, and WHEREAS, the CONSULTANT represents that it is in full compliance with the statutes of the State of Washington for professional registration and/or other applicable requirements, and WHEREAS, the CONSULTANT represents that it has the background, experience, and ability to perform the required work in accordance with the standards of the profession, and WHEREAS, the CONSULTANT represents that it will provide qualified personnel and appropriate facilities necessary to accomplish the work; NOW, THEREFORE, in consideration of the above representations and the terms, conditions, covenants, and agreements set forth below, the parties hereto agree as follows: I SCOPE OF SERVICES General Scope. The scope of professional services to be performed and the results to be achieved by the CONSULTANT shall be as detailed in the attached Exhibit A and shall include all services and material necessary to accomplish the work. The CITY may review the CONSULTANT'S services, and if they do not meet the Professional Standard of Care the CONSULTANT shall make such changes as may be required by the CITY. Such changes shall not constitute "Extra Work" as related in Section X11 of this Agreement. Any changes made necessary due to causes outside the CONSULTANT'S reasonable control shall be provided as an extra work herein. The CONSULTANT agrees that all services performed under this Agreement shall be in accordance with the standards of the engineering profession for similar services on similar projects of like size and nature and in compliance with applicable federal, state and local laws. The Scope of Services may be amended upon written approval of both parties. Page 1 of 19 11 OWNERSHIP OF DOCUMENTS Upon completion of the work, all documents, exhibits, digital photos, or other presentations of the work, with the exception of those standard details and specifications regularly used by the CONSULTANT in its normal course of business, shall upon payment of all amounts rightfully owed by the CITY to the CONSULTANT herein become the property of the CITY for use without restriction and without representation as to suitability for reuse by any other party unless specifically verified or adapted by the CONSULTANT. However, any alteration of the documents, by the CITY or by others acting through or on behalf of the CITY, will be at the CITY's sole risk. Consultant may keep a copy of the project documents for their records. III DESIGNATION OF REPRESENTATIVES Each party shall designate its representatives in writing. The CONSULTANT'S representative shall be subject to the approval of the CITY. IV TIME OF PERFORMANCE The CONSULTANT may begin work upon execution of this agreement by both parties and written direction to proceed from the CITY. The duration of the Agreement shall extend through December 31, 2015. The work shall be completed in accordance with the schedule set forth in the attached Exhibit B. V PAYMENT The CITY shall pay the CONSULTANT as set forth in this section of the Agreement. Such payment shall be full compensation for work performed, services rendered, and all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment shall be on the basis of the CONSULTANT'S cost for actual labor, overhead and profit plus CONSULTANT'S direct non-salary reimbursable costs as set forth in the attached Exhibit D. B. The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices shall detail the work, hours, employee name, and hourly rate; shall itemize with receipts and invoices the non-salary direct costs, subconsultants, and outside services; shall indicate the specific task or activity in the Scope of Service to which the costs are related; and shall indicate the cumulative total for each task. C. The CITY shall review the invoices and make payment for the percentage of the project that has been completed less the amounts previously paid. D. The CONSULTANT invoices are due and payable within 30 days of receipt. In the event of a disputed billing, only the disputed portion will be withheld from payment. E. Final payment for the balance due to the CONSULTANT will be made after the completion of the work and acceptance by the CITY. F. Payment for"Extra Work" performed under Section XII of this Agreement shall be as agreed to by the parties in writing. Page 2 of 19 VI MAXIMUM COMPENSATION Unless otherwise agreed to in writing by both parties, the CONSULTANT'S total compensation and reimbursement under this Agreement, including labor, direct non-salary reimbursable costs, subconsultant costs and outside services, shall not exceed the maximum sum of $1,429,000.00. The budget for each task is as set forth in the attached Exhibit C. Budgets for task(s) may be modified upon mutual agreement between the two parties, but in any event, the total payment to CONSULTANT shall not exceed $1.429,000.00. VII INDEPENDENT CONTRACTOR STATUS The relation created by this Agreement is that of owner-independent contractor. The CONSULTANT is not an employee of the CITY and is not entitled to the benefits provided by the CITY to its employees. The CONSULTANT, as an independent contractor, has the authority to control and direct the performance of details of the services to be provided. The CONSULTANT shall assume full responsibility for payment of all Federal, State, and local taxes or contributions imposed or required, including, but not limited to, unemployment insurance, Social Security, and income tax. Vill EMPLOYMENT Employees of the CONSULTANT, while engaged in the performance of any work or services under this Agreement, shall be considered employees of the CONSULTANT only and not of the CITY, and claims that may arise under the Workman's Compensation Act on behalf of said employees while so engaged, and any and all claims made by a third party as a consequence of any negligent act or omission on the part of the CONSULTANT'S employees while so engaged, on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT. In performing this Agreement, the CONSULTANT shall not employ or contract with any CITY employee without the CITY's written consent. IX NONDISCRIMINATION The CONSULTANT shall conduct its business in a manner which assures fair, equal and non- discriminatory treatment of all persons, without respect to race, creed or national origin, or other legally protected classification and, in particular: A. The CONSULTANT shall maintain open hiring and employment practices and will welcome applications for employment in all positions, from qualified individuals who are members of minorities protected by federal equal opportunity/affirmative action requirements; and, B. The CONSULTANT shall comply with all requirements of applicable federal, state or local laws or regulations issued pursuant thereto, relating to the establishment of non discriminatory requirements in hiring and employment practices and assuring the service of all persons without discrimination as to any person's race, color, religion, sex, Vietnam era veteran status, disabled veteran condition, physical or mental handicap, or national origin. Page 3 of 19 X SUBCONTRACTS A. The CONSULTANT shall not sublet or assign any of the work covered by this Agreement without the written consent of the CITY. B. In all solicitation either by competitive bidding or negotiation made by the CONSULTANT for work to be performed pursuant to a subcontract, including procurement of materials and equipment, each potential sub-consultant or supplier shall be notified by the CONSULTANT of CONSULTANT's obligations under this Agreement, including the nondiscrimination requirements. X1 CHANGES IN WORK Other than changes directed by the CITY as set forth in Section I above, either party may request changes in the Scope of Services. Such changes shall not become part of this Agreement unless and until mutually agreed upon and incorporated herein by written amendments to this Agreement executed by both parties. X11 EXTRA WORK The CITY may desire to have the CONSULTANT perform work or render services in connection with this Agreement, in addition to the Scope of Services set forth in Exhibit A and minor revisions to satisfactorily completed work. Such work shall be considered as "Extra Work" and shall be addressed in a written supplement to this Agreement. The CITY shall not be responsible for paying for such extra work unless and until the written supplement is executed by both parties. XIII TERMINATION OF AGREEMENT A. The CITY may terminate this Agreement at any time upon not less than ten (10) days written notice to the CONSULTANT. Written notice will be by certified mail sent to the CONSULTANT's designated representative at the address provided by the CONSULTANT. As a condition precedent to termination for cause the CONSULTANT shall be given the notice period to cure such cause and shall have failed to so cure. B. In the event this Agreement is terminated prior to the completion of the work, a final payment shall be made to the CONSULTANT, which, when added to any payments previously made, shall compensate the CONSULTANT for the work completed. C. In the event this Agreement is terminated prior to completion of the work, documents that are the property of the CITY pursuant to Section 11 above, shall be delivered to and received by the CITY prior to transmittal of final payment to the CONSULTANT. Page 4 of 19 XIV INDEMNIFICATION/HOLD HARMLESS CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, employees harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the negligent acts, errors or omissions of the CONSULTANT in performance of this Agreement, except for injuries and damages caused by the sole negligence of the CITY. The CITY agrees to indemnify the CONSULTANT from any claims, damages, losses, and costs, including, but not limited to, reasonable attorney's fees and litigation costs, arising out of claims by third parties for property damage and bodily injury, including death, caused solely by the negligence or willful misconduct of the CITY, CITY's employees, or agents in connection with the work performed under this Agreement. If the negligence or willful misconduct of both CONSULTANT and CITY (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the CONSULTANT and the CITY in proportion to their relative degrees of negligence or willful misconduct and the right of indemnity shall apply for such proportion. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4,24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the CONSULTANT, the CITY, and the officers, officials, employees of either, the CONSULTANT'S liability hereunder shall be only to the extent of the CONSULTANT'S negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the CONSULTANT'S waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. However, the CONSULTANT expressly reserves its rights as a third person set forth in RCW 51.24.035. XVINSURANCE The CONSULTANT shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, employees or subcontractors. No Limitation. CONSULTANT'S maintenance of insurance as required by the agreement shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the CITY'S recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance CONSULTANT shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute Page 5 of 19 form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage; and, 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, and personal injury and advertising injury. The CITY shall be named as an insured under the CONSULTANT's Commercial General Liability insurance policy with respect to the work performed for the CITY; and, 3. Workers' Compensation coverage as required by the Industrial Insurances laws of the State of Washington; and 4. Professional Liability insurance appropriate to the CONSULTANT's profession, B. Minimum Amounts of Insurance CONSULTANT shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of$1,000,000 per accident. 2, Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The CONSULTANT's insurance coverage shall be primary insurance as respect the CITY. Any insurance, self-insurance, or insurance pool coverage maintained by the CITY shall be excess of the CONSULTANT's insurance and shall not contribute with it. 2. The CONSULTANT shall provide CITY and all Additional Insured's with written notice of any policy cancellation within two (2) business days of their receipt of such notice. 3. Any payment of deductible or self-insured retention shall be the sole responsibility of the CONSULTANT. 4. The CONSULTANT'S insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. Page 6 of 19 D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage CONSULTANT shall furnish the CITY with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the CONSULTANT before commencement of the work. Failure on the part of the CONSULTANT to maintain the insurance as required shall constitute a material breach of contract, upon which the CITY may, after giving five (5) business days notice to the CONSULTANT to correct the breach, immediately terminate the Agreement, at its discretion, procure or renew such insurance and pay any all premiums in connection there with, with any sums so expended to be repaid to the CITY on demand, or at the sole discretion of the CITY, offset against funds due the CONSULTANT from the CITY. XVI APPLICABLE LAW This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington, and in the event of dispute the venue of any litigation brought hereunder shall be Clallam County. XVII EXHIBITS AND SIGNATURES This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. The following exhibits are hereby made a part of this Agreement: Exhibit A— Scope of Services Exhibit B — Schedule of Tasks Exhibit C— Level of Effort Exhibit D— Consultant's Hourly Wage Rates Exhibit E — Key Personal Page 7 of 19 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. CITY OF PORT ANGELES APPROVED AS TO FORM: DAN McKEEN, CITY MANAGER WILLIAM E. MLOOR, CITY ATTORNEY CONSULTANT: ANC R 10EA, LLC. ATTEST: D ZBEHIN8KI -JANE HURD, CITY CLERK TITLE: SR. PARTNER Page 8 of 18 Exhibit A— Scope of Services Anchor QEA, LLC (CONSULTANT)will provide Construction Management (CM) Services to the City of Port Angeles (CITY) for the project known as the Port Angeles Landfill Cell Stabilization Project (PROJECT). The Engineer of Record for this project is Herrera (ENGINEER). These services will generally include consultation, contract administration, field observation, and other services described below. A. BACKGROUND AND OBJECTIVES A.1 Background and Objective: The PROJECT is a corrective action plan to mitigate the potential of refuse discharge into the Strait of Juan de Fuca. The City has been concerned for more than a decade with ongoing coastal bluff erosion migrating into the Port Angeles Landfill facility. The corrective action plan for managed retreat will: 1) remove Municipal Solid Waste (MSW)from the failure zone, 2) allow natural feeder bluff processes to continue, and 3) provide stable protection for the ends of the existing seawall to prevent the shoreline from cuffing behind the seawall and into the Valley Cell. Elements of work for the Project include, but are not limited to, the following: • Removing refuse (up to 260,000 CY)from the eastern portion of the 304 Landfill and relocation to the 351 Landfill located further inland to the south. • Reconfiguring the 304 Cell to meet geotechnical, seismic stability, and solid waste landfill closure standards. • Stabilizing the seawall ends to protect the existing structure function, to accommodate the continuing shoreline retreat over time, and minimizing environmental impacts. • Improving the Dry Creek/Shoreline interface to address overtopping events, reduce the destabilization risk at the west-end, add in-stream roughness elements to help maintain the thalweg separation from the access road, and provide access for beach nourishment. B. GENERAL ASSUMPTIONS AND APPROACH TO SERVICES 13.1 Construction Manaaement Duration: The duration of the construction contract is currently estimated to be 20 months, including pre-construction, bid phase, and project closeout services. CONSULTANT staffing estimates have been based on the plans and specifications made available by the CITY, the current proposed duration of the construction contract. 13.2 Contractor Communication: The CONSULTANT will be the CITY's lead representative for the Project and shall provide the primary day to day communication and written correspondence with the Contractor. 13.3 CONSULTANT Level of Effort: The level of CM services required is highly dependent upon the quality of the design, the disposition of the Contractor, unforeseen conditions and the level of change required to complete the Project. In addition to duration and agreed upon roles and responsibilities presented in this Scope, the budgets expressed are based on the Page 9 of 19 CONSULTANT's experience as it relates to normal parameters of change and contractors conforming to the contract requirements. B.4 CONSULTANT Field Office: The CONSULTANT shall utilize the existing landfill office (South of the 304 Landfill East Cell). The CONTRACTOR shall provide electrical, water and sewer hookups, furniture, janitorial services and supplies, hot/cold water dispenser, and parking for staff for the field office, as indicated in Section 01 05 00 of the Bid Documents. The CONSULTANT will provide computers, related hardware to hook up to the CONTRACTOR provided printer and internet connection, and general office supplies that are not provided by the CONTRACTOR. The cost of cellular phone service for the CONSULTANT staff will be billed to the City. Other miscellaneous office supplies and services not identified herein but necessary may be billed as approved by the CITY. B.5 Miscellaneous Enaineerinq and Geotechnical Support: The ENGINEER may provide periodic observations to support the CONSULTANT's inspection of the work or to review proposals from the Contractor, as directed by the CITY. The ENGINEER (or their subconsultant) will provide geotechnical engineering assistance on an as-needed basis, as requested by the CITY. CITY inspector(s) shall provide code related electrical and building department inspections, if needed. B.6 Community Relations: The CITY will be responsible for all community outreach and coordination with individual property owners and local businesses during the construction. CONSULTANT's staff will attend public meetings and other community outreach activities as requested by the CITY. The CITY will prepare outreach materials. CONSULTANT's staff will assist with preparing information and/or draft outreach materials, as requested. All printing, mailing, and associated costs will be by the City. Additionally, the CONSULTANT's staff will provide field coordination with individual property owners and businesses during construction. B.7 Toxic and Hazardous Materials: Because of the prior use of the project work area, there is a possibility of the presence of toxic or hazardous materials. CONSULTANT shall have no responsibility for the discovery, presence, handling, removal or disposal of toxic or hazardous materials, or for exposure of persons to toxic or hazardous materials, in any form at the project work area, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. C. PRECONSTRUCTION SERVICES CA Construction Manag .ment Plan: The CONSULTANT shall develop a Construction Management Plan (CMP) that defines the Project team's organizational relationship and construction management processes that relates to project communications, change management, requests for information, scheduling, submittals, non-conformances, inspection, quality control, permit compliance and management information systems. Exhibit A will assist in the development of the CMP. Any conflicts between the CMP and Exhibit A will be discussed with the CITY. Deliverables: Draft and Final CMP (two copies plus one editable electronic version and one PDF version) for distribution to the City. C.2 Document Control: The CONSULTANT shall prepare a SharePoint based document control system, in concert with the CITY's procedures, The CMP will define the flow of documents on the project and further describe the document control system. The Page 10 of 18 CONSULTANT shall provide the server and external connectivity to CONSULTANT's SharePoint base system. The CONSULTANT shall be responsible for field documents only. The original executed contract documents shall be in the control of the CITY. Copies of all pertinent contracts shall be given to the CONSULTANT to assist in its management duties of the Project. The Construction Contract documents require the use of SharePoint by the Contractor. The CONSULTANT shall provide one training session for City and Contractor project members who will interface with the document control system. Deliverables: Contract files organized by file index ready for archiving (both hardcopy and electronic versions). Implementation of a document control system utilizing SharePoint, and training. C.3 Surypy:,The CONSULTANT shall have within its team a licensed surveyor within the State of Washington to perform volume surveys for measurement and payment purposes, in addition to survey staking as-needed to focus on quality assurance. For purposes of this Agreement, a $40,000 budget has been established as a reasonable level of effort. This budget will be monitored on a regular basis and based upon actual and anticipated need may be adjusted with approval of the CITY. D. BID AND AWARD PHASE SERVICES D.1 Bid and Award Assistance: The CONSULTANT will assist the CITY during the Bid and Award period as-needed. D.2 Bid Opening and Recommendations: The CONSULTANT shall attend the bid opening and shall assist the CITY in evaluating the bids for responsiveness, responsibility and price and assist in researching Contractor references. The CONSULTANT shall make recommendations to the CITY concerning the acceptance or rejection of bids. Deliverables: Memo documenting reference checks. E. CONSTRUCTION PHASE SERVICES E.1 Pre-Construction Meeting- The CONSULTANT shall prepare an agenda, conduct the Pre- Construction Meeting and prepare and distribute meeting minutes. Deliverables: Final Pre-Construction Meeting Minutes (three copies plus one PDF version). E.2 Submittal Coordination: The CONSULTANT shall develop a Master Submittals Log to assist in verification that all required submittals, The CONSULTANT shall coordinate the submittal process between the Contractor and the ENGINEER. The CONSULTANT shall track submittals and expedite timely responses from the ENGINEER and other submittal reviewers to support the needs of the Project. Submittals will be sent by the Contactor to the CONSULTANT, who will forward to the ENGINEER for review, The ENGINEER is responsible for the review and approval of all technical submittals. Deliverables: Master Submittal Log, and Submittal files with original submittal, comments, and final submittals. Page 11 of 19 E.3 Requests for Information: The CONSULTANT shall coordinate Contractor Requests for Information (RFIs) with the ENGINEER, CITY, and others as-needed. RFIs will be logged, tracked and written responses expedited to support the needs of the Project. Technical RFI's will be forwarded to the ENGINEER for a response. The CONSULTANT will track RF1 turnaround times and advise the ENGINEER of RFIs requiring expedited response. Deliverables: RFI Log and RF1 files with original RF1 and response. E.4 Progress Meetinas: The CONSULTANT shall conduct Progress Meetings to assist in the coordination of the Project. One progress meeting a week is anticipated. These progress meetings, however, may be less frequent during periods of inactivity or by mutual agreement of the CITY, the CONSULTANT, and the Contractor. Agendas, supporting documentation and meeting minutes will be prepared by the CONSULTANT and distributed to attendees. These meetings will last approximately one to two hours. Deliverables: Meeting minutes sent to attendees and filed (three copies plus one PDF version). E.5 Ch t Reviews: - The CONSULTANT shall manage change orders and recommend approval to the CITY. For City change proposals, the CONSULTANT shall take technical information from the ENGINEER and/or the CITY and prepare and submit a request for change proposal to the Contractor. The ENGINEER then will assist the CONSULTANT in costs estimating on an as-needed basis. Change order requests from the Contractor will be reviewed for entitlement, cost and schedule impacts. The CONSULTANT will keep the CITY and ENGINEER advised of change orders on the Project. Independent cost estimates will be prepared for change order negotiations. The CONSULTANT shall review and comment on schedule impact requests stemming from a change, The CONSULTANT will negotiate with the contractor to resolve changes and recommend change orders to the CITY for approval and execution. Deliverables: Change order package(s)ready for City approval. E.6 Scheduling Coordination: The CONSULTANT shall review and comment on the Contractor's Baseline Construction Schedule and monthly updated schedules. The review shall include, but not be limited to: • Review of Contractor's sequence of work for entire project. • Verify that Contractor's schedule is consistent with requirements of the contract documentation and permits. • Any issues of concern. In compliance with the contract, the CONSULTANT will request schedule recovery plans should the Contractor's schedule progress show slippage in accordance with the contract. The CONSULTANT will review and comment on the schedule recovery plan. In addition, the CONSULTANT shall perform a Time Impact Analysis for potential claims or change orders. Deliverables: Contractor baseline and monthly schedule updates and change order Time Impact Analysis. Page 12 of 19 E.7 Pavment Application: The CONSULTANT will receive, review, negotiate and assist the CITY in processing the Contractor's monthly payment applications. This will entail unit price quantity verification as well as percentages of completion. Deliverables: Monthly progress payment packages recommended for payment. E.9 Monthly Status Reports. The CONSULTANT shall provide one Monthly Status Report for the contract that will highlight progress from the previous month, report on Project costs, provide information on current issues and general scheduling status. Each report will include at a minimum the following: 0 Brief summary of construction completed during the period. 0 Construction work in progress and/or scheduled to start for the next period. * Issues which need to be addressed to maintain schedule. 0 Review of schedule progress vs. actual progress. * Review of contractor's cash flow and cash flow projections. 0 Identification of critical issues with construction which could impact cost or schedule. * Status report on Contractors administrative requirements including As-Built documentation, submittal follow-up, change order processing, RF1 responses, schedule submittals, technical submittals and re-submittals, and others. Deliverables: Monthly Status Report in electronic format (one editable electronic version and one PDF version) E.10 Field Observation: The CONSULTANT shall provide field inspector(s) per the attached Level of Effort shown in Exhibit C. Level of effort is estimated to be working 5 days per week at 10 hours per day, for a 50-hour work week, depending on the Contractor's work sequence and schedule. A daily inspection report will be prepared by each inspector that will document work activities and generalized quantities of work performed, and will include 4 photos per report. The inspectors shall take photos as necessary to document the work. All photos shall be saved to the CONSULTANT's server and provided to the CITY at the completion of the project. No independent verification of unit price quantities will be provided when the work is not being observed. This work will include observation of general site construction, waste characterization, specialty inspection of liner and cover systems (by subconsultant), geotechnical support (by CONSULTANT and subconsultant), and other work. No offsite fabrication inspection is anticipated. Deliverables: Daily inspection reports and progress photos. E.11 lnspp�ction Clarification: The CONSULTANT shall monitor the conformance of the construction to contract requirements and help protect the CITY against defects and deficiency in the Work of the Contractor. The CONSULTANT may reject work and transmit to the CITY and Contractor a notice of nonconforming work when, it is the opinion of the CONSULTANT, CITY, or ENGINEER, that the Work does not conform to the requirements of the Contract Documents. No action taken by the CONSULTANT shall relieve any or all of the Contractors from their obligation to perform their work in strict conformity with the Contract Documents and in strict conformity with all other applicable laws, rules and regulations. Communication between the CONSULTANT and Contractor with regard to inspection shall not in any way be construed as binding the Page 13 of 18 CONSULTANT or the CITY, or as releasing the Contractor from the fulfillment of any of the terms of his Contract Documents. The CONSULTANT is not responsible for, nor does the CONSULTANT control, the means and methods of construction for the Project. It is understood that the CONSULTANT's action in providing inspection as stated herein is a service to the CITY and by performing as provided herein, the CONSULTANT is not acting in a manner so as to assume responsibility or liability, in whole or in part, for all or any part of the construction work for the Project. E.12 Contractor's Safety Program: The CONSULTANT shall verify that safety programs are submitted to the CITY by the Contractor, as required by the Contract Documents. The CONSULTANT shall not be responsible for or have any liability in whole or in part for Contractor implementation of or compliance with Contractor safety programs and safety laws, regulations, etc., nor shall the CONSULTANT be responsible for the adequacy, or completeness, of Contractor Safety Programs or the Contractor's compliance and performance thereof. E.13 Record QEgAino: Review not less than monthly, the construction contractors redline set of contract plans. Maintain a CONSULTANT Team (CM team) set of conformed drawings tracking plan changes, location of discovered anomalies and other items, as encountered by the CM team. Use these markups to check the progress of the Contractor-prepared Record Drawings. E.14 Material TesliM The CONSULTANT will secure a subcontract for special inspections/materials testing services related to International Building Code (IBC) compliance. The special inspection firm will provide the CONSULTANT with a written report for each day of inspection. Test results will be forwarded to the CITY as well as the Contractor and ENGINEER. An allowance of $75,000 has been allocated to the budget. Special Inspections/Material Testing costs are highly predicated on the final approach that a contractor takes. Deliverables: Special Inspection Daily Reports and Material Testing Reports. E.15 Coordination of Other City Consultants: The CONSULTANT shall assist the CITY in the coordination of third party consultants. The CONSULTANT, however, is not responsible for providing, nor does the CONSULTANT control, the actual performance of the work of other consultants. The CONSULTANT is performing an administrative and coordination function for the convenience of the CITY and is not acting in a manner so as to assume responsibility or liability, in whole or in part, for any part of such services provided by others. E.16 Substantial C2p2pefion, In consultation with the ENGINEER and CITY, the CONSULTANT shall review the Contractors request for substantial completion and final completion and recommend to the City when the Project and the Contractors Work has achieved substantial completion. The CONSULTANT shall, prior to issuing a notice of Substantial Completion, compile a list of incomplete work (punch list) which does not conform to the Contract Documents based on input from the ENGINEER and the CITY. This list shall be attached to the Certificate of Substantial Completion. The CONSULTANT shall issue the notice of Substantial Completion to the Contractor. Deliverables: Certificate of Substantial Completion and punch list(if applicable) Page 14 of 19 E.17 Closeout Services: The CONSULTANT will assist the CITY in processing closeout documentation. This includes processing final change orders (if necessary), receiving and reviewing Contractor provided record (as-builts) drawings, and processing final payment applications. The CITY will take the lead in completing the public works contract acceptance and release of retainage. Deliverables: Record drawings, closeout documentation E.18 Permit, Loan and Grant Assistance: The CONSULTANT will assist the CITY in processing documents and maintaining documentation related to the various permits secured by the CITY including any State and Federal loans or grants on the Project. F. POST CONSTRUCTION PHASE F.1 Final Comoletion: The CONSULTANT shall assist the CITY in the determination that Final Completion has been reached. F.2 Final Pa The CONSULTANT shall advise the CITY when it recommends that the final payment be made to the Contractor. F.3 Record Documents: The CONSULTANT shall coordinate and expedite submittals of information from the Contractor, and provide the CONSULTANT's project files for archiving purposes by the CITY. FA External Audits: The CONSULTANT shall provide a staff member in a supporting role during any external audit. G. OPTIONAL SERVICES G.1 Claim Resolution Support: The base scope of work does not include claim resolution support. If claim support is needed from the CONSULANT this would become an extra service. This service would be dependent upon the details of the specific claim. Page 15 of 19 Exhibit B — Schedule of Tasks The following are estimated start dates for significant elements of work on the project. The Contractor's schedule will more clearly define the actual work elements, staging, sequencing, and other schedule impacts. This series of tasks does not represent the proposed winter suspension that is estimated commence on or about October 16, 2014. Pre-Construction Phase.....__....__.......... ............... May 1, 2014 Construction Phase......... ........ ............... July 1, 2014 Post Construction Phase_ .......... .............. December 15, 2015 END OF EXHIBIT Page 16 of 19 "I IRV-1i if I IT ift yw 1 2y -�qy 8 mm�n ffi LI L' I MINNA 1,hill 111 11111 i CA ............ rn it Ah In 5q 4 J". pi 5 1 A 1 ilia ............ ul, sho 11.i Mai 1 1 1 1 Ii a IM e v 1 Hl. 1 All i i In"111 Al 1 45 1 Q Is I M i AM 1 H Ju H s a is 93 a. a. 11, i hill ng t. J Exhibit D - Consultant's Hourly Wage Rates (2014) ........... Title Total Rate . ............. Anchor QEA, LLC (Prime) Principal (Ed Berschinski) $225.00 .......... ....... .............. Project Manager(Mike Roberts) $199.00 ---------- Resident Engineer(Rick Goode) $185.00 Project Assistant(Caitlin Rohan) $98.00 Office Engineer(Adam Carlson) $110.00 Field Oversight(Niklas Bacher) $165.00 Field Oversight(David Cisakowski) $185.00 NTI (subconsultant) Total Rate Principal Engineer or Surveyor 95.00 Geologist, Project Engineer, or Project Surveyor $90.00 Senior Tech-office or lab $75.00 Senior Tech-Field Inspector $80.00 Technician $75.00 Technical Assistant $40.0.. ...... 0 Single surveyor with GPS $125.00 Construction Surveying 1-person field crew $120.00 Co nstruction Surveying 2-per field crew $150.00 ._ .......-..----------- Professional Land Surveyor $100.00 .............. ............ ........ Thiel Engineering (subconsultant) Total Rate .......... ........... Project Manager TBD Field Inspection TBD END OF EXHIBIT Page 18 of 19 Exhibit E — Key Personnel ------------- Anchor QEA,LLC ------------ Title Personnel Princ Ed Bersel-driski _Project Manager.___,._._.___._ Mike Roberts ....... Resident Engineer Rick Goode -­­-—----­-­­----------- -—------- Office E Adam .. _.:� .................. Field Oversight Niklas Bacher Field Oversig David Cisakowski Northwestern Territories,Inc _Project Enpinecr Justin Wilson Senior Technician/IgsLector Shawn West Technician Trent Adams Technician Louie Bliemeister Technician Steve Pope Thiel Er:ginfEiLnfL,Inc. Proje ct Mana iRent Rick Thiel Field Inspection TBD Office Administration TBD END OF EXHIBIT Page 19 of 19