HomeMy WebLinkAbout000755 Original Contract City of Port Angeles
Record#000755
AGREEMENT FOR PROFESSIONALS RVICE
BETWEEN THE
THE CITY OF PORT ANGELES
AND
Vanir Construction Management, Inc
Waterfront Transportation Improvement Plan (WTIP) - Phase 11
Project TR02-03
RELATING TO: WTIP Phase 11 Construction Management Services
THIS AGREEMENT is made and entered into this Iq day of 'li"`I,
2014, by and between THE CITY OF PORT ANGELES,.—anon-char—ter code ity of the State of
Washington, (hereinafter called the "CITY") and Vanir Construction Manag ent, 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
Waterfront Transportation Improvement Plan (WTIP) - Phase 11 Project TR02-03; 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 XII 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
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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 December 31, 2014. 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.
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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
$247,947.04. The budget for Waterfront 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 $247,947.04.
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
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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.
X11111 TERMINATION OF AGREEMENT
A. The CITY may terminate this Agreement at any time upon not less than ten (10) days
written notice to the CONSULTANT. Written notice will be by certified mail sent to the
CONSULTANT's designated representative at the address provided by the CONSULTANT.
As a condition precedent to termination for cause the CONSULTANT shall be given the
notice period to cure such cause and shall have failed to so cure.
B. In the event this Agreement is terminated prior to the completion of the work, a final
payment shall be made to the CONSULTANT, which, when added to any payments
previously made, shall compensate the CONSULTANT for the work completed.
C. In the event this Agreement is terminated prior to completion of the work, documents that
are the property of the CITY pursuant to Section 11 above, shall be delivered to and
received by the CITY prior to transmittal of final payment to the CONSULTANT.
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XIVINDEMNIFICATION/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
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or a substitute 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.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:Vll.
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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 Clallarn 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.
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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
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first written above.
CITY OF PORT ANGELES APPROVED AS TO FORM:
DAN McKEEN, CITY MANAGER WILLIAM E. BLC---F'0, ITlY ATTORNEY
CONSULTANT
VANIR C ISISTRUCTION MANAGEMENT, INC. ATTEST:
TITLE: President ESSA HURD, Cl CL RK
John A. Kuprenas
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Exhibit A— Scope of Services
A. BACKGROUND AND OBJECTIVES
A.1 Baqk E_qound and Obiective: The Agreement's objective is Waterfront Transportation
Improvement Plan (WTIP) - Phase 11 construction management services (Project). This is the
second phase of a multi-phased project to re-develop the Port Angeles Waterfront. The Project
work area extends along the Port Angeles waterfront from west of Oak Street to the east side
of the Valley Creek Estuary,
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 Studio Cascade
(ENGINEER). This Project consists primarily of constructing the following:
• Two pocket beaches with drifts sill/revetment armoring structures;
• Pedestrian pathways;
• Lawn and landscaped areas;
• Art integration;
• Stormwater infrastructure;
• Revisions to the existing utilities infrastructure of the Port of Port Angeles' Terminal 4;
• Installation of utility connections for future projects;
B. GENERAL ASSUMPTIONS AND APPROACH TO SERVICES
13.11 Construction Management Duration: It is assumed that pre-construction services will begin
two months prior to the start of construction and will include planning, development of a master
project schedule, a constructability review, risk assessment and bid support. It is also assumed
that construction oversight services will be provided for four months followed by one month of
project closeout services, for a total duration of seven (7) months.
13.2 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.
13,3 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.
13.4 CONSULTANT Field Office: The CONSULTANT shall provide a field office near the
Project site for the duration of the Project. The field office will be suitable for use by the field
staff for the 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.
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B.5 Miscellaneous Structural, Electrical, and GeotechnkgL�Support: 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
observations and comments on the work. CITY inspector(s) shall provide code-related
electrical and building department inspections.
B.6 Comment 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 Mannement 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.
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 Develop_Ment, 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 as stated in the contract documents.
Deliverables: Six hard copies 11 X 17 of Master Schedule (plus one PDF version). Update
as required.
C.3 Project Risk Assessment and Miti anon: 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.
C.4 Constructability 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 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.
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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
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_Mpiketing: 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 Bid 0
pening 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.
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Deliverables: Memo documenting reference checks including verifying State and Federal
debarment.
E. CONSTRUCTION PHASE SERVICES
E.1 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 Reg nests_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 RF1 files with original RF1 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
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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 Ned.
E.6 Impact 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 Pavment Application: 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 Field Ins pqctioDL. ., The CONSULTANT shall provide field inspectors per Exhibit C,
Waterfront Development Project — Phase 11, Level of Effort. Exhibit C may be 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.
E.9 Insoection 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.10 Contractor's S
Afety Pr pg ram: The CONSULTANT shall verify that the Contractor submits
�
safety plans to the CITY as required by the Contract documents.
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E.11 S ections/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 $12,000 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.12 Coordination of Other City Consultants: The CONSULTANT shall assist the CITY in the
coordination of third-party consultants.
E.13 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 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.14 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 operation 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.15 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
$1,500 budget has been established as a reasonable level of effort.
F. POST CONSTRUCTION PHASE
F.1 Final Completiory 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.
Page 15 of 20
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 be an extra service. This service
would be dependent upon the details of the specific claim.
G.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.
END OF EXHIBIT
Exhibit B— Schedule of Tasks
The following are estimated 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_., ........ ......... .........May 1, 2014 to July 1, 2014
Construction Phase ......_..... ...... .......... ..... July 1, 2014 to November 1, 2014
Post Construction Phase............_.............. November 1, 2014 to December 1, 2014
END OF EXHIBIT
Page 16 of 20
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Exhibit D — Consultant's Hourly Wage Rates
(2014)
Title Rate
(Prime)
Area ManOer(Scott Tomlinson) $178.13_
Pra ect Director(Dave Breenj $160 31
Praf/Const Manager{Tom Anderson) $132.91
Lead Inspector(Dan McNair) _ $111.14
Technical Support._. ._._ _..... . . . „....... ...................... .._._$145..00
. ......._..,,,,_,_..______._ ..__.___.._.._.................__.
Total
KBA subconsultant Rate
_ ........w(__�._......____.__._rv._.. __.._.ry....
Vice„President„Q Adams... ..._ -_... ...................._$208.89...
Fie......... . _. __ _.___..._.._ ___._.___�......__..
Total
NTI subconsultant Rate
rt Leach) $116.92
rincal EnOineer{Robe.....
__--
Proect Engineer(Justin Wilson) $115.80
Senior Technician/Inspector(Shawn
echn __........... __:... ...... $ 77.20_x.,.._._
Tician(Trent Adams) $69.4
8
........
__ ......._. .._. ._............. _.._... _... �..._... ....,.
Technician (Louie Bliemeister) $69.48
Technician (Steve Popes $67 55
Total
Wen lerw(subconsultant�p _.__....__. Rate
Professional Land Surveyor _ $120
Praect Management(officepreraratian�
$90.00
Surve Technician $100.00
Office Administration $75.00
$125.00
Survey Crew-2 personµ_
Page 18 of 20
END OF EXHIBIT
Exhibit E — Key Personnel
Vanir Construction Management,Inc.
Title Personnel
--1--...................... ------- .............. ..............
Area Manager Scott Tomlinson
Project Director Dave Breen
---------------------------......... --------------- ____..__.._.___.___._v._..___.....................
Proj/Const. Manager Tom Anderson
........................-..................................... .........
Lead Inspector Dan McNay
Cast/Scheduling 11, Technical 1.Support,avg.
KBA Construction Management, Inc.
Vice President K Adams
Field En gi n ee r Pe►gi Barkley
............. -------- ..................... .............. ........... ..........
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 Wengler
----------------- ..................................... .....................-------
Project Management
(office preparation) TBD
...........- .......... ......---------- ........
Off ice Technician TBD
Office Administration TBD
Survey Crew-2 person TBD
...........................................................
Page 19 of 20
END OF EXHIBIT
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