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HomeMy WebLinkAbout000751 Original Contract City of Port Angeles Record #000751 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE THE CITY OF PORT ANGELES AND Vanir Construction Management, Inc Combined Sewer Overflow (CSO) Phase 11, Project No. 06-02 RELATING TO: CSO Phase 11 Construction Management Services THIS AGREEMENT is made and entered into this day of 2014, by and between THE CITY OF PORT ANGELES, a non-charter code ity of the State of Washington, (hereinafter called the "CITY") and Vanir Construction Management, Inc., located at 10900 NE 8th Street, Suite 1486, Bellevue, Washington 98004 authorized to do business in the state of Washington (hereinafter called the "CONSULTANT"). WHEREAS, the CITY desires construction management services assistance related to the Combined Sewer Overflow (CSO) Phase 11, 06-02; 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 XI I 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 construction management profession for similar services Page 1 of 20 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, 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. 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 May 15, 2016. 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 C. 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 based on actual effort 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. Page 2 of 20 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. 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 $1,563,726.00. 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 jj,.5726�.00. Vill INDEPENDENT CONTRACTOR STATUS The relationship 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 Page 3 of 20 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. 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 solicitations 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. XI 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. X111 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. X1111 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 20 XIV INDEMNIFICATION/HOLD HARMLESS CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, and 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, and 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 20 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 20 D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:Vll. 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 a dispute the venue of any litigation brought hereunder shall be Clailarn County. XVII ADDITIONAL TERMS A. The parties recognize that CONSULTANT is not a guarantor of the work by designer (Engineer) or contractor and CONSULTANT not be responsible for defective or non- conforming work performed by contractor or designer(Engineer) or for the means and methods of construction including a contractor's safety program, employed by the contractors. B. The parties recognize that CONSULTANT cannot and will not be in control of the activities of a contractor or designer (Engineer) in connection with a Project, and therefore, CONSULTANT cannot warrant or represent that the actual Project schedule will be consistent with the estimated Project schedule for the Project. C. 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 are advisory only to the CITY. D. The CONSULTANT 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. Page 7 of 20 XVIII 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 8 of 20 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. BLOOR, CITY ATTORNEY CONSULTANT VANIR C NSTRUCTION MANAGEMENT, INC. ATTEST: TITLE: President JANESSA Hl CIE R`K John A. Kuprenas Page 9 of 20 Exhibit A— Scope of Services A. BACKGROUND AND OBJECTIVES A.1 Background and Obiective: The Agreement's objective is the Combined Sewer Overflow (CSO), Phase 11 construction management services (Project). This second phase will complete implementation of the City's CSO Reduction Plan. The Project includes replacement of Pump Station 4 with a new 28 million gallon per day (MGD) Pump Station located directly across Marine Drive; construction of a new influent sewer to divert flow from the existing Pump Station 4 to the new pump station; approximately 2,600 LF of new gravity diversion sewer to convey flow from CSO 008 at Lincoln Street to the new pump station; and construction of approximately 1,000 LF of new force mains connecting the new pump station to the force mains constructed in Phase 1. 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 Project as designed by the consultant team led by Brown & Caldwell (ENGINEER). B. GENERAL ASSUMPTIONS AND APPROACH TO SERVICES B.1 Construction Management Duration: Pre-construction services will begin three months prior to the start of construction and will include planning, development of a project master schedule, a constructability review, risk assessment and bid support. Construction oversight services will be provided for fifteen (15) months followed by two (2) months of project closeout services, for a total duration of twenty (20) months. 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 near the Project site for the duration of the CSO Phase 11 Project. The field office will be suitable for use by the field staff for the CSO Phase 11 Project. The field office will be fully functional and will include electrical power, internet access, land-line telephone service, HVAC, lighting and parking spaces. The office will also include a server, individual computers, a printer/scanner/fax machine, furniture, drinking water, office supplies and janitorial services. All costs for the field office, including cell phone service for CONSULTANT staff will be billed to the CITY. B.5 Miscellaneous E9_qJneedng_and GeoteghnicqLSupport: The ENGINEER shall provide periodic observations to support the CONSULTANT's inspection of the work. The CONSULTANT will coordinate with the ENGINEER to have their design representatives make Page 10 of 20 observations and comments on the work. 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 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 directly by the CITY. C. PRE-CONSTRUCTION SERVICES C.1 Construction Management Plan: The CONSULTANT shall develop a Construction Management Plan (CMP) that defines the Project team's organizational relationships 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. The CMP will be developed in collaboration with the CITY and other project stakeholders. Deliverables: 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 of the contractor to complete the project within the planned duration (Notice to Proceed to Substantial Completion) of 450 calendar days, as stated in the contract documents. Deliverables: 3 hard copies 11 X 17 of Master Schedule (plus one PDF version). Update as required. C.3 Pro6ect Risk Assessment and Mitigation: The CONSULTANT shall facilitate a Risk Assessment Meeting whereby risks to the project are discussed, evaluated and recorded. Once risks are evaluated, the CONSULTANT shall work with the City to mitigate potential impacts to the project. CA Constructability Review of 100% Construction Documents: The CONSULTANT shall provide a 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 and review the 100% drawings and specifications. 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-based application and the role of the ENGINEER in replying to each comment. 2. Technical Plan Bid Document Review: At 100% construction documents completion, the CONSULTANT shall review the construction document drawings and specifications for constructability, biddability, 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 Page 11 of 20 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 areas h. Compatibility of"front end" documents and the technical specifications i. Biddability— review of bid documents for completeness and clarity 3. Reconciliation Meeting: Upon completion of the review, the CONSULTANT shall participate in one meeting with the CITY's Project Manager and staff and the ENGINEER to present and discuss review comments. The CITY will determine which review comments shall be incorporated into the final design and direct the ENGINEER accordingly. 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. D. BID AND AWARD PHASE SERVICES D.1 Bid_MgLketing: The CONSULTANT shall assist the CITY in its bid marketing for the Project. This will involve 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. D.3 Pre-bid Conference: In conjunction with the CITY and ENGINEER, the CONSULTANT shall participate in a 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 to the bidders and to answer questions. Information to be presented will include applicable permit, access, schedule and administrative requirements. DA 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 shall assist in researching the Contractor's references. The CONSULTANT shall make recommendations to the CITY concerning the acceptance or rejection of bids. Deliverables: Memo documenting reference checks Page 12 of 20 E. CONSTRUCTION PHASE SERVICES EA Pre-Construction Meeting: The CONSULTANT shall prepare an agenda, conduct the Pre- Construction Meeting and take and distribute meeting minutes. Deliverables: Final Pre-Construction Meeting Minutes (one hard copy for files plus PDF version). E.2 Document Control: In concert with the CITY's procedures, the CONSULTANT shall establish, manage and maintain an electronic document control system for all project documents. The CONSULTANT shall provide the server and external connectivity to CONSULTANT's SharePoint-based 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. E._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, the ENGINEER and the CITY. The CONSULTANT shall track submittals and expedite timely responses from the reviewer to support the needs of the Project. Submittals will be sent by the Contactor to the CONSULTANT who will forward to the ENGINEER or 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. EA Requests for Information: The CONSULTANT shall coordinate Contractor Requests for Information (RFIs) with the ENGINEER and the CITY. RFIs will be logged and tracked and forwarded to the appropriate reviewer to respond. Written responses shall be expedited as needed to support the needs of the Project. Responses will be forward to the Contractor for appropriate action. Deliverables: RF1 Log and RFl files with original RFl and response. E.5 Progress Meetings: The CONSULTANT shall conduct progress meetings to assist in the coordination of the Project. One progress meeting every week is anticipated. However, these meetings may be held less frequently 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 in PDF format sent to attendees and filed. Page 13 of 20 E.6 Chgp_qq_ Ma Reviews:— The CONSULTANT shall manage the change order process and recommend approval to the CITY. For CITY-initiated changes, the CONSULTANT shall work with the CITY and ENGINEER to clearly define the scope of work then prepare and issue a Request for Change Proposal (RCP) to the Contractor. The ENGINEER will assist the CONSULTANT in cost estimating on an as-needed basis. Requests for Change Orders (RCOs) from the Contractor will be reviewed for entitlement and impacts to the project. The CONSULTANT will keep the CITY and ENGINEER apprised of change orders. The CONSULTANT shall prepare independent cost estimates and evaluate associated schedule impacts. The CONSULTANT will negotiate with the Contractor to resolve changes and recommend action to the CITY. Deliverables: Change Order packages ready for CITY approval, E.7 Payment Ar)i)lication: 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 for lump sum items. Deliverables: Monthly progress payment packages recommended for payment, E.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: • Brief summary of construction work completed during the period. • Summary of construction work in progress and/or scheduled to start in the next period. • Discussion of issues with potential cost and/or schedule impacts • Status of various administrative items including change orders, RFIs and submittals Deliverables: Monthly Status Reports in electronic PDF format. E.9 Field_Ins paction: The CONSULTANT shall provide field inspectors per Exhibit C, Level of Effort. Exhibit C maybe modified by written agreement of the CITY and the CONSULTANT in response to the Contractor's work sequence and schedule. Each inspector shall prepare a daily inspection report that will document work activities and installed quantities. The inspectors shall take photos and videos of work observed as necessary to document the work. All 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. No offsite fabrication inspection is anticipated. Overtime costs for inspection in excess of 40 hours per week are not included in the budget shown in Exhibit C. Deliverables: Daily inspection reports and progress photos. Page 14 of 20 E.10 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 Non-conformance when it is the opinion of the CONSULTANT, CITY, or ENGINEER that the work does not conform to the requirements of the contract documents. The CONSULTANT is not responsible for, nor does the CONSULTANT control, the means and methods of construction for the Project. E.11 Contractors Safety Program: The CONSULTANT shall verify that the Contractor submits safety plans to the CITY as required by the Contract documents. E.12 Special Inspections/Material Testing: 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 $65,000.00 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.13 Coordination of Other City onsultants: The CONSULTANT shall assist the CITY in the coordination of third-party consultants, E.14 Substantial Complet o n: In consultation with the ENGINEER and CITY, the CONSULTANT j shall review the Contractors request for substantial completion and final completion. CONSULTANT shall recommend to the CITY when the Project and the Contractor's work are substantially complete. Prior to issuing a Notice of Substantial Completion and based on input from the ENGINEER and the CITY, the CONSULTANT shall compile a Punch List that identifies incomplete work and/or work that does not conform to the contract documents. This list shall be attached to the Certificate of Substantial Completion. The CONSULTANT shall issue the Notice of Substantial Completion to the Contractor. E.15 Closeout Services: The CONSULTANT will assist the CITY in processing closeout documentation. This includes processing final change orders, receiving and reviewing as-built documents, vendor operations and maintenance (O&M) manuals, warrantees, spare parts, 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 manuals, warrantees, list of spare parts E.16 SgnLey. 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 $2,500.00 budget has been established as a reasonable level of effort. Page 15 of 20 F. POST CONSTRUCTION PHASE F,1 Final LCom pL etion. 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. G. OPTIONAL SERVICES G.1 Claim Resolution Sur)oort: The base scope of services 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. G.2 Dis ute 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. END OF EXHIBIT Page 16 of 20 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. Pre-Construction Phase...,..... ....... -July 1, 2014 to September 31, 2014 Construction Phase... October 1, 2014 to December 31, 2015 Post Construction Phase..................January 1, 2016 to March 15, 2016 END OF EXHIBIT Page 17 of 20 ------------------- ---------- Mills MR0 WIN OWN it 1.0.......in...................... 1 a a 111 nil ball -SA------------------------- --- -------- ------------------------- 1 -------PUT—I------ ----------- ........... 06 ......W.0........... ul LWL ----------- im !4 ...m........... > w A ----------- will m -�lw- C ----------- x 7ppe- v 1 � _0----------- LU F1 ---------- ......... .. - -------------- -------------- 3:11 Mm Mitt wwlw Exhibit D - Consultant's Hourly Wage Rates (2014) ........... Total Title Rate Prime ............ ... ........ n .. $178.13 Area Ma ns Project Director(Dave Breen $160.31 ............ ,Proj/Const er a Mang (Tom Anderson) $132.91 Ande .. ................................... ............... Lead jns�pector( a�!I,McNpy) $111.14 Technical Support._.... $145.00 ......................... Total K A ubconsultant Rate ............... Vice President $208.89 Adams)_ _ _ Field EncJineerfPeigi Barkley) $104 34 ........................... ......... __.______..__._...-- Total BHC subconsultant Rate .Project_Eaqineer, i Gross ........... ai Prin 1 I.E neer(Robert Leaches $116.92 _Project En ineer,(Justin Wilson) $115.80 Senior Technicianil'n's-p"e'c"t'o-r"—(Shawn West $7720 Technician (Trent Adam $69.48 -Technician..,(Louie.Bliemeister) $69.48 Technician., $67.55 ........... Total Wender it-a.91) Rate .. ......... Professional Land.Surveyo�r $120 _Protect Management_(q e.,preparation) m $90 .......... ..Survey_Technician $100 Office Administration Survey Crew-2 person $125 END OF EXHIBIT Page 19 of 20 Exhibit E — Key Personnel ............... ---------- Vanir Construction Management,Inc. Title Personnel ................ ............. ............ Area Manager Scott Tomlinson .......................__.......__.._.__w. ..................... Project Director Dave Breen ......... .. -------- Proj/Const. Manager Tom Anderson Lead Inspector Dan McKay Cost/Scheduling .Technical Support, avg. .............. KBA Construction Management, Inc. Vice President K Adams -.--"I'll.-............ ............... ............ ....... Field Engineer Peigi Barkley ............ BHC Project Manager Jim Gross ............... Northwestern Territories,Inc Principal Engineer Robert Leach ....................... ...... ........................................ Project Engineer Justin Wilson -- ----------- Senior Technician/Inspector Shawn West ........... Technician Trent Adams ...................... Technician Louie Blierneister Technician Steve Pope .............. ..........----------- Wengler Surveying and Mapping Professional Land Surveyor James ................................ ...... Project Management (office preparation) TBD ........... Office Technician TBD ................ .............. Office Administration TBD ........................... ..._... ._. __ ._,.......__.... ._.__--_- Survey Crew-2 person TBD END OF EXHIBIT Page 20 of 20