MEMORANDUM. The following numbered items correspond with the number of the item on the agenda:

Transcription

1 1 of E. Locust Street, Suite 100 Des Moines, IA MEMORANDUM DATE: February 16, 2018 TO: CC: MWA Board Members MWA Staff FROM: Michael McCoy, Executive Director RE: Wednesday, February 21, Board Meeting This month s board meeting is scheduled for Wednesday, February 21, at 5:45 p.m. in the boardroom at Central Office (300 East Locust Street, Ste. 100, Des Moines, Iowa). If you have questions about any items listed below, please call me at (w) or (c). I look forward to seeing you on Wednesday. The following numbered items correspond with the number of the item on the agenda: Regular Agenda Items for Approval 2. Resolution Approval of MWA Board of Director Officers for Calendar Year 2018 Action Item. Metro Waste Authority elects board officers annually. 9. Resolution Approval of engineering services for P-56, Metro Central Transfer Station tarping area enclosure and addition - Action Item This project will provide an enclosed tarping area at MCTS, which will reduce litter and provide a weather-proof area during tarping operations. Two proposals were received. Shive-Hattery provided the low bid of $86,300. More information is provided in the board packet. Recommend approval. 10. Resolution Approval of CQA professional services for P-54 A&B, Metro Park East cell D north and stage 1 closure and multiple site improvements Action Item Professional services will provide construction oversight and observation for Project P54A Cell D North and Stage 1 Closure and Project P54B Multiple Site Improvements. Services ensure MWA receives the quality as identified in the specifications and required by state solid waste regulations. More information is provided in the board packet. Recommend approval. 11. Resolution Approval to reject bids for contractor for P-54B, Metro Park East multiple site improvements Action Item Two proposals were received for construction of site improvements at Metro Park East Landfill. Both proposals were substantially over the design engineer s estimate of $1,400,000. Upon

2 2 of 32 consultation with legal, it was determined the removal of a base-bid item is not allowed without rebidding the project. Staff recommends rejecting bids received and to re-bid the project. 12. Resolution Approval of additional engineering services for P-54B, Metro Park East multiple site improvements Action Item HDR is requesting $10,000 design engineering fee adjustment for relocation of a washdown pump not addressed in the original project scope. During the final review process, the pump, in addition to fire suppression pumping system, was identified in the existing underground fire vault. By code, relocation of the washdown pump requires a physical separation from the fire suppression pumping system. The solution will require additional electrical, mechanical, civil, and fire protection. More information is included in the packet. Recommend approval.

3 3 of 32 Board of Directors 2018 Calendar Year Dean O Connor Chair Mark Holm Vice-Chair Metro Waste Authority Board Meeting February 21, 2018 MWA Central Office 300 E. Locust Street, Suite 100, Des Moines, IA :45 p.m. Dean O Connor Altoona Mark Holm Ankeny Wes Enos Bondurant John Edwards Clive Josh Mandelbaum Des Moines Kevin Smith Elkhart David Gisch Grimes Matt Brown Johnston Dean McGee Mitchellville Ed Kuhl Norwalk Barb Malone Pleasant Hill Rob Sarchet Polk City Tom Hockensmith Polk County Runnells Ron Pogge Urbandale John Mickelson West Des Moines Threase Harms Windsor Heights Michael McCoy Executive Director 1. Call to Order, Roll Call Agenda 2. Resolution Approval of MWA Board of Director Officers for Calendar Year 2018 Action Item 3. Approval of Regular Agenda 4. Public Forum CONSENT AGENDA The following are routine items enacted by one roll call vote without separate discussion unless someone, Board or Public, requests an item be removed for consideration: 4. Approval of Consent Agenda Items 4 through 8 5. Consideration of Minutes January 17, 2018, Metro Waste Authority Board Meeting Action for Approval 6. Resolution Consideration of December 2017, Financial Statements Action to Receive and File 7. Resolution Consideration of January 2018, Monthly Expenditures Action for Approval 8. Resolution Approval of extension of service agreement with Cornerstone Government Affairs - Action for Approval END CONSENT AGENDA Regular Agenda Items for Approval Items 9 through Resolution Approval of engineering services for P-56, Metro Central Transfer Station tarping area enclosure and addition - Action Item 10. Resolution Approval of CQA professional services for P-54 A&B, Metro Park East cell D north and stage 1 closure and multiple site improvements Action Item 11. Resolution Approval to reject bids for contractor for P-54B, Metro Park East multiple site improvements Action Item 12. Resolution Approval of additional engineering services for P-54B, Metro Park East multiple site improvements Action Item

4 13. Director s Report 4 of Chair s Report Page 2 of 2 MWA Board Meeting February 21 st, General Board Discussion and Other Business 16. Correspondence 17. Adjournment March Executive/Finance Meeting: March 7, 2018, MWA Central Office, 300 E. Locust Street, Suite 100, Des Moines, IA 50309, 12:00 p.m. March Board Meeting: March 21, 2018 MWA Central Office, 300 E. Locust Street, Suite 100, Des Moines, IA 50309, 5:45 p.m.

5 5 of E. Locust Street, Suite 100 Des Moines, IA January 17, 2018 Official Metro Waste Authority Board Meeting Minutes 1. Call to Order The meeting was held at Metro Waste Authority s Central Office. Dean O Connor, chair, called the January 17, 2018 Metro Waste Authority board meeting to order at 5:45 p.m. A quorum was present. Roll Call MWA Board Representatives/Alternates in Attendance Dean O Connor, Altoona Mark Holm, Ankeny John Edwards, Clive Matt Brown, Johnston Jon Woods, Mitchellville Barb Malone, Pleasant Hill Rob Sarchet, Polk City Tom Hockensmith, Polk County Gerald Lane, Runnells Ron Pogge, Urbandale Threase Harms, Windsor Heights 2. Approval of Regular Agenda Moved by Ankeny, seconded by Pleasant Hill, to approve the January 17, 2018, board meeting agenda as presented. Motion carried unanimously by voice vote. 3. Public Forum There were no requests to address the Board. Board Chair, Dean O Connor, recognized outgoing board members Dan Lane, Polk City and Tom Armstrong, City of Grimes. O Connor also recognized new member Dean McGhee, Mitchellville. CONSENT AGENDA The following are routine items enacted by one roll call vote without separate discussion unless someone, Board or Public, requests that an item be removed for consideration: 4. Approval of Consent Agenda Items 5 through Clive moved to approve consent items with the removal of item 13. Resolution Approval of Prairie Meadows Contract for separate consideration, seconded by Windsor Heights. Motion carried unanimously by voice vote. 6. Consideration of Minutes of November 15, 2017, Metro Waste Authority Board Meeting Action for Approval 7. Resolution Consideration of October 2017, Financial Statement - Action to Receive and File

6 6 of Resolution Consideration of November 2017, Financial Statement - Action to Receive and File 9. Resolution Consideration of November 2017, Monthly Expenditures - Action for Approval 10. Resolution Consideration of December 2017, Monthly Expenditures - Action for Approval 11. Resolution Approval of Compostable Kraft Yard Waste Bags Agreement Renewal - Action for Approval 12. Resolution Approval of Yard Waste Transportation and Disposal Agreement with KAL Services - Action for Approval 13. Resolution Approval of Yard Waste Transportation and Disposal Agreement with City of Pella - Action for Approval END CONSENT AGENDA Regular Agenda Items for Approval Items 14 through 17 Clive moved to approve consent item 13. Resolution Approval of Prairie Meadows Contract for separate consideration, seconded by Pleasant Hill. Motion carried unanimously by voice vote. 14. Resolution Approval of Contractor for P-54A, Phase II Cell D North and Stage 1 Closure at the Metro Park East Landfill - Action Item Yuta Naganuma, Site Engineer, reported that Ryan Incorporated Central (Ryan) was the lowest bid of five proposals submitted. Ryan s bid of $6,795,020 is under budget. The funds for the project are available in the Cell Development Fund, Closure Fund, and Capital and Equipment Fund. Moved by Clive, seconded by Johnston, to approve Resolution Motion carried unanimously by voice vote. 15. Resolution Approval of P-51, Transfer Trailer Building Facility Project Completion - Action Item Yuta Naganuma, Site Engineer, reported that the project has been completed under budget by Woodruff Construction. All closeout documents have been submitted. The building has been in use since December Moved by Clive, seconded by Windsor Heights, to approve Resolution Motion carried unanimously by voice vote. 16. Resolution Approval of P-52, Metro Park East Landfill Compost Facility Project Completion - Action Item Yuta Naganuma, Site Engineer, reported that the project has been completed under budget. All closeout documents have been submitted. The Compost Facility has been in use since November 2017.

7 7 of 32 Moved by Clive, seconded by Mitchellville, to approve Resolution Motion carried unanimously by voice vote. 17. Resolution Approval of Budget Items Requested for C & D Facility Project at Metro Park East Landfill - Action Item Kent Farver, Director of Finance, reported staff are finalizing a business plan for a phased approach to C&D recycling at Metro Park East Landfill. Staff are requesting a reallocation of capital budget dollars saved from the rebuild of the Metro Park East compactor to cover the capital equipment costs of implementing phase one. Staff are requesting up to two new positions be approved to operate the facility. Moved by Polk County, seconded by Pleasant Hill, to approve Resolution Motion carried unanimously by voice vote. 18. Metro Waste Authority Agency Overview & Rollout of New Values Presentation Michael McCoy, Executive Director Michael McCoy, Executive Director, shared that in 49 years of operating, Metro Waste Authority has grown to 70 employees. McCoy presented a short video of Metro Park East including where the C&D recycling facility will be. McCoy gave an overview of Metro Park West, Metro North West Transfer Station, Metro Hazardous Waste Drop-Off, and the new Compost Center at Metro Park East. There was discussion about adding more recycling drop-offs in our communities for currently underserved groups including small businesses, apartment dwellers and residents. McCoy MWA s new values: integrity, teamwork, positivity, innovation, and leadership Strategic Business Plan Presentation Leslie Irlbeck, Public Affairs Manager Leslie Irlbeck shared five primary goals for MWA going in to FY The goals are: 1.) Provide safe, smart recycling and disposal options for residents. 2.) Provide safe, smart recycling and disposal options for businesses. 3.) Maintain robust recycling services in a down market. 4.) Ensure each facility is an asset to our community using innovation, maximum efficiency, and protection of the environment. 5.) Create a work environment where employees are encouraged to reach their fullest potential. 20. Director s Report Executive Director, Michael McCoy, reported the changes to the 2018 calendar for executive finance and board meetings. McCoy shared that Jenny Koska has received the Bohumil Shimek Environmental Educator Award and Adopt A Stream received the Frederic Leopold Environmental Education Award. The February executive finance meeting will be held on February 7, 2018, at Central Office (300 E. Locust St. Ste. 100, Des Moines, Iowa) at 12:00 p.m. The February board meeting will be held at Central Office (300 E. Locust Street, Ste. 100, Des Moines, Iowa) on Wednesday, February 21 st, 2018 at 5:45 p.m. 21. Chair s Report No report. 22. General Board Discussion and Other Business No discussion 23. Adjournment

8 8 of 32 Moved by Johnston, seconded by Windsor Heights, to adjourn the January 17, 2018 board meeting. Motion carried unanimously by voice vote. Meeting adjourned at 7:03 p.m. Michael McCoy, Executive Director Dean O Connor, Chair

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14 14 of 32 Metro Waste Authority Board Monthly Board Meeting February 21, 2018 AGENDA ITEM 8 ITEM: Approval of Extension of Service Agreement for Cornerstone Government Affairs SUMMARY: Metro Waste Authority has used Cornerstone Government Affairs since December The extension is through November Working with the Executive Director, under the direction of MWA Board of Directors, Cornerstone Government Affairs monitors and tracks legislative activity; develops meetings with Members of the General Assembly, staff, Legislative Committees, and state agency personnel; develops legislatives strategies to support initiatives; serves as liaison to government agencies as necessary; and monitor and reports on government programs relevant to initiatives and other possible arenas of interest to Metro Waste Authority. DISCUSSION POINTS: Cornerstone has provided lobbying services since December 2015 and has proven to be an asset to Metro Waste Authority, especially in the current legislative session. Cornerstone s familiarity with environmental policy and the Iowa Department of Natural Resources, relationship with environmental groups, and proven history of success with legislation and working with legislators, continues to be a good fit for Metro Waste Authority. STAFF RECOMMENDATION: Approve extension of contract with Cornerstone Government Affairs. BUDGET REQUIREMENTS: There was no increase in the service fee last year. The extension includes a $1250 increase per quarter. Funds are budgeted and available in the professional services budget for Central Office. ATTACHMENTS: Amendment for Extension of Agreement with Cornerstone Government Affairs. CONTACT: Michael McCoy, Executive Director, , (Cell) , mmc@mwatoday.com. 1

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16 Metro Waste Authority Board Monthly Board Meeting February 21, of 32 AGENDA ITEM 9 ITEM Approval of professional services for engineering bid documents and construction phase support for tarping area enclosure building addition at Metro Central Transfer Station (MCTS). SUMMARY Shive-Hattery provided a proposal of $86,300 for the engineering and construction phase support professional services. BUDGET REQUIREMENTS The funding is available in the Capital and Equipment Fund. Budgeted amount is $660,000 (includes construction and professional engineering services). DISCUSSION POINTS This project will provide a tarping area to be enclosed at MCTS, which will reduce litter and provide a weather-proof area during tarping operation. At times, blown litter in the neighboring properties has been an issue. An enclosed tarping area with cat-walk structure was constructed at Metro Northwest Transfer Station (MNTS) with a great success reducing litter and providing safe tarping area for the transfer trailer truck drivers. We have obtained two proposals. Shive-Hattery provided the lower fees. The scope of work and proposal from Shive-Hattery (Attachment A) include the following tasks: 1. Tarping Area Enclosure Building Addition Design Services. To prepare a final design (civil, structural, architectural, mechanical, and electrical) and bid document package. Includes items such as: design drawings, final construction cost estimate, specifications and bid documents. 2. Bidding Assistance. To assist MWA during the bidding process by answering technical questions, coordinating bid document distribution, and preparing technical addenda. 3. Construction Phase Services. Contract administration and limited construction observation, documentation, and special testing/inspections. Bids from contractors are scheduled for May 2018 and brought before the Board for approval at the May 2018 board meeting. Construction is anticipated to occur July through September 2018, coinciding with Project P53 MCTS Tipping Floor Renovation. The project will span over two budget years, FY17/18 and FY18/19. A total estimate/budget amount for the project is $660,000 ($550,000 for construction and $110,000 (20% of construction cost) for engineering fees). Shive-Hattary s proposal of $86,300 represents is approximately 16 percent of estimate/budget construction cost, which is within the budgeted amount for engineering fees. STAFF RECOMMENDATION Staff recommends that the Board accept the proposal from Shive-Hattery. The amount of the proposal is $86,300. ATTACHMENTS Shive-Hattery Project Scope of Services CONTACTS Yuta Naganuma, Site Engineer Phone:

17 17 of 32 ATTN: Yuta Naganuma CLIENT: Metro Waste Authority 300 E Locust St Suite 100 Des Moines, IA PROFESSIONAL SERVICES AGREEMENT PROJECT: Metro Waste Central Transfer Building Addition PROJECT LOCATION: Des Moines, IA DATE OF AGREEMENT: February 12, 2018 PROJECT DESCRIPTION Provide design services for a pre-engineered metal building addition with equipment platform and catwalk for the Metro Waste Central Transfer Building. SCOPE OF SERVICES Shive-Hattery, Inc. will provide professional design services consisting of Architectural, Structural, Mechanical, Electrical and Civil Engineering services. Services to include: Attendance at one (1) kick-off and one (1) design meeting with client to review the proposed design of addition and to confirm Owner s schedule requirements. Provide scanning of exterior building as required to create existing documentation and provide reference for design for new addition. Intended scan locations for documentation of the existing building are to be externally adjacent to proposed location of new addition and immediately adjacent to proposed location of new addition. Provide opinion of probable cost. Civil Design Limited Topographic Survey o Create a single electronic AutoCAD base drawing showing existing topographic and site features in the area of the building. Submit pre-application documents and attend one (1) pre-application meeting with the City of Des Moines. Prepare a site plan for the proposed addition meeting the requirements of the City of Des Moines Site Plan Ordinances. Prepare demolition plan illustrating any required modifications to the existing site to prepare for proposed improvements. Prepare site and utility plan illustrating proposed physical features such as paving, walks, and building location. The Statewide Urban Design and Specifications (SUDAS) will be utilized on the plans. Assist the Client in obtaining site plan approval for the proposed building addition through the City of Des Moines. Project P/10/005

18 18 of 32 Page 2 of 10 Structural Design Develop specifications to delegate the design of the structure to a pre-engineering metal building manufacturer for bidding. Provide general arrangement plans and design criteria notes. Plans to include catwalk framing loads for use in PEMB design. Analyze existing building framing for preliminary loading requirements. Design new equipment platform and catwalk framing and crossover sections between new and existing platform. Design foundations for new framing addition. Architectural Design Provide Code and Life Safety Plan. Provide main level floor plan. Additional levels as applicable for significant platforms or mezzanines. Provide roof plans and supporting details. Provide exterior building elevations. Provide sections including Building, exterior wall, and stairs as applicable. Provide supporting construction details and supporting schedules (door/frame, finish). Mechanical/Electrical Design Provide design of exhaust fan and damper to serve the addition only. Exhaust fan shall serve only general exhaust. Extension of a dry sprinkler system from the existing system to addition. Extension of the existing compressed air system to serve 2-3 hose reels used for tire inflation in new addition. Design of a trench drain at the north door of the addition and connecting this to the existing sanitary system. A new vent will be brought through the addition roof. Provide general lighting and outlet layout. Construction Documents Prepare construction documents including the technical specifications and drawing sheets, a 95% review submittal of the construction documents will be submitted to the Client for review prior to issuing the final construction documents. Submit PDF documentation and two sets of professionally sealed/printed documentation for the construction documents. Answer questions and respond to the City of Des Moines to assist the Client in gaining approval for the Project. Bidding / Negotiation Phase: Attendance at one (1) pre-bid meeting. Assist in review of bid information; provide recommendation to Owner. Project P/10/005

19 19 of 32 Page 3 of 10 Respond to contractors written questions and prepare and issue addenda information, as required, during bidding. Construction Administration Phase Services: Review Project Submittals and Shop Drawings. Respond to written requests for interpretations, (RFI). Provide contract modifications/documentation for ASI, PR, and/or Change Orders. Provide up to five (5) on-site construction observations to observe and evaluate the progress of the Work and its compliance with the Project Contract Documents. Conduct one substantial completion observation for review of the work and review the contractor's punch list of items requiring attention and/or completion. Special Testing/Inspections Special inspections testing and general inspection to be performed by 3 rd party subconsultant in accordance with IBC. (Geotechnical Investigation/Testing is not included). CLIENT RESPONSIBILITIES It will be your responsibility to provide the following: 1. Identify a Project Representative with full authority to act on behalf of the Client with respect to this project. The Client Project Representative shall render decisions in a timely manner in order to avoid delays of Shive-Hattery s services. 2. Legal, accounting, and insurance counseling services or other consultants, including geotechnical, or vendors that may be necessary. The Client shall coordinate these services with those services provided by Shive-Hattery. 3. Provide to Shive-Hattery any available drawings, survey plats, testing data and reports related to the project, either hard copy or electronic media. Electronic media is preferred. 4. Unless specifically included in the Scope of Services to be provided by Shive-Hattery, the Client shall furnish tests, inspections, permits and reports required by law, regulation or code including but not limited to hazardous materials, structural, mechanical, chemical, air pollution and water pollution tests. 5. Geotechnical testing services. SCHEDULE We will begin our services upon receipt of this Agreement executed by you which will serve as a notice to proceed. Design services to coincide with the following owner provided schedule: Phase 1 (complete footings) July 30 August 20 Partial facility shut down Phase 2 August 20 September 20 Facility shut down Bid Date April 1, 2018 Bids due May 1, 2018 Project P/10/005

20 20 of 32 Page 4 of 10 COMPENSATION Description Fee Type Fee Estimated Expenses Total Basic Services Lump Sum $78,200 $600 $78,800 3D Scanning Services Lump Sum $2,500 $0 $2,500 Special Testing & Inspections Fee Types Hourly w/max Fixed Fee we will provide the Scope of Services for the fee amounts listed above. $5,000 $0 $5,000 Hourly w/max we will provide the Scope of Services on an hourly rate basis at our Standard Hourly Fee Schedule in effect at the time that the services are performed. We will not exceed the estimated amounts above without your prior authorization. Expenses Estimated amount The estimated expense amounts above will be reimbursed in accordance with our Reimbursable Expense Fee Schedule in effect at the time that the expense is incurred. We will not exceed these fees without your prior authorization. See attached Standard Hourly Fee and Reimbursable Expense Schedule. The terms of this proposal are valid for 30 days from the date of this proposal. ADDITIONAL SERVICES The following are additional services you may require for your project. We can provide these services Design of storm water detention or water quality requirements based on the square footage of the proposed improvements and existing impervious area Prepare SWPPP for General Permit #2 External utility work other than potential trench drain tie-in Design of a system to condition the addition (heating and cooling) Storm water removal (roof drains and storm piping) Domestic water design Modifications to the existing sprinkler system beyond the tie in point Modifications to the existing compressed air system beyond the tie in point Additional drainage in locations other than the north door Sand Oil Interceptor design Vehicle Exhaust System Resilient design areas including areas of resistance, reliability and redundancy (i.e. flood protection, storm/tornado shelter, emergency generators, utility backup, etc.) Project P/10/005

21 21 of 32 Page 5 of 10 Design of applicable rated walls as required by code./design of addition per applicable code required occupancy designations and square foot limitations. (if required - estimated fee of $1,850 for preliminary review). Project P/10/005

22 22 of 32 Page 6 of 10 OTHER TERMS STANDARD TERMS AND CONDITIONS Copyright Shive-Hattery March 2016 PARTIES "S-H" shall mean Shive-Hattery, Inc., Shive-Hattery A/E Services, P.C., or Design Organization, a Division of Shive-Hattery, Inc. "CLIENT" shall mean the person or entity executing this Agreement with "S-H." LIMITATION OF LIABILITY AND WAIVER OF CERTAIN DAMAGES The CLIENT agrees, to the fullest extent of the law, to limit the liability of S-H, its officers, directors, shareholders, employees, agents, subconsultants, affiliated companies, and any of them, to the CLIENT and any person or entity claiming by or through the CLIENT, for any and all claims, damages, liabilities, losses, costs, and expenses including reasonable attorneys fees, experts fees, or any other legal costs, in any way related to the Project or Agreement from any cause(s) to an amount that shall not exceed the compensation received by S-H under the agreement or fifty thousand dollars ($50,000), whichever is greater. The parties intend that this limitation of liability apply to any and all liability or cause of action, claim, theory of recovery, or remedy however alleged or arising, including but not limited to negligence, errors or omissions, strict liability, breach of contract or warranty, express, implied or equitable indemnity and all other claims, which except for the limitation of liability above, the CLIENT waives. CLIENT hereby releases S-H, its officers, directors, shareholders, employees, agents, subconsultants, affiliated companies, and any of them, and none shall be liable to the CLIENT for consequential, special, exemplary, punitive, indirect or incidental losses or damages, including but not limited to loss of use, loss of product, cost of capital, loss of goodwill, lost revenues or loss of profit, interruption of business, down time costs, loss of data, cost of cover, or governmental penalties or fines. INDEMNIFICATION Subject to the limitation of liability in this Agreement, S-H agrees to the fullest extent permitted by law, to indemnify and hold harmless the CLIENT, its officers, directors, shareholders, employees, contractors, subcontractors and consultants against all claims, damages, liabilities, losses or costs, including reasonable attorneys fees, experts fees, or other legal costs to the extent caused by S-H s negligent performance of service under this Agreement and that of its officers, directors, shareholders, and employees. The CLIENT agrees to the fullest extent permitted by law, to indemnify and hold harmless S-H, its officers, directors, shareholders, employees, agents,, subconsultants, and affiliated companies against all damages, liabilities, losses, costs, and expenses including, reasonable attorneys fees, expert s fees, and any other legal costs to the extent caused by the acts or omissions of the CLIENT, its employees, agents, contractors, subcontractors, consultants or anyone for whom the CLIENT is legally liable. HAZARDOUS MATERIALS - INDEMNIFICATION To the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold S-H, its officers, directors, shareholders, employees, agents, consultants and affiliated companies, and any of them harmless from and against any and all claims, liabilities, losses, costs, or expenses including reasonable attorney s fees, experts fees and any other legal costs (including without limitation damages to property, injuries or death to persons, fines, or penalties), arising out of, or resulting from the discharge, escape, release, or saturation of smoke, vapors, soot, fumes, acids, alkalies, toxic chemicals, liquids, gases, polychlorinated biphenyl, petroleum contaminants spores, biological toxins, or any other materials, irritants, contaminants, or pollutants in or into the atmosphere, or on, onto, upon, in, or into the surface or subsurface of soil, water, or watercourses, objects, or any tangible or intangible matter, whether sudden or not. STANDARD OF CARE Services provided by S-H under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances on projects of similar size, complexity, and geographic location as that of the Project. Nothing in this Agreement is intended to create, nor shall it be construed to create, a fiduciary duty owed by either party to the other party. BETTERMENT The CLIENT recognizes and expects that certain change orders may be required to be issued as the result in whole or part of imprecision, incompleteness, omissions, ambiguities, or inconsistencies in S-H s drawings, specifications, and other design, bidding or construction documentation furnished by S-H or in other professional services performed or furnished by S-H under this Agreement (herein after in this Betterment section referred to as S-H Documentation). If a required item or component of the Project is omitted from S-H s Documentation, the CLIENT is responsible for paying all costs required to add such item or component to the extent that such item or component would have been required and included in the original S-H Documentation. In no event will S-H be responsible for costs or expense that provides betterment or upgrades or enhances the value of the Project. Project P/10/005

23 23 of 32 Page 7 of 10 RIGHT OF ENTRY The CLIENT shall provide for entry for the employees, agents and subcontractors of S-H and for all necessary equipment. While S-H shall take reasonable precautions to minimize any damage to property, it is understood by the CLIENT that in the normal course of the project some damages may occur, the cost of correction of which is not a part of this Agreement. PAYMENT Unless otherwise provided herein, invoices will be prepared in accordance with S-H's standard invoicing practices then in effect and will be submitted to CLIENT each month and at the completion of the work on the project. Invoices are due and payable upon receipt by the CLIENT. If the CLIENT does not make payment within thirty (30) days after the date the invoice was mailed to the CLIENT, then the amount(s) due S-H shall bear interest due from the date of mailing at the lesser interest rate of 1.5% per month compounded or the maximum interest rate allowed by law. In the event that S-H files or takes any action, or incurs any costs, for the collection of amounts due it from the client, S-H shall be entitled to recover its entire cost for attorney fees and other collection expenses related to the collection of amounts due it under this Agreement. Any failure to comply with this term shall be grounds for a default termination. TERMINATION Either party may terminate this Agreement for convenience or for default by providing written notice to the other party. If the termination is for default, the non-terminating party may cure the default before the effective date of the termination and the termination for default will not be effective. The termination for convenience and for default, if the default is not cured, shall be effective seven (7) days after receipt of written notice by the non-terminating party. In the event that this Agreement is terminated for the convenience of either party or terminated by S-H for the default of the CLIENT, then S-H shall be paid for services performed to the termination effective date, including reimbursable expenses due, and termination expenses attributable to the termination. In the event the CLIENT terminates the Agreement for the default of S-H and S-H does not cure the default, then S-H shall be paid for services performed to the termination notice date, including reimbursable expenses due, but shall not be paid for services performed after the termination notice date and shall not be paid termination expenses. Termination expenses shall include expenses reasonably incurred by S-H in connection with the termination of the Agreement or services, including, but not limited to, closing out Project records, termination of subconsultants and other persons or entities whose services were retained for the Project, and all other expenses directly resulting from the termination. INFORMATION PROVIDED BY OTHERS S-H shall indicate to the CLIENT the information needed for rendering of services hereunder. The CLIENT shall provide to S-H such information, including electronic media, as is available to the CLIENT and the CLIENT's consultants and contractors, and S- H shall be entitled to rely upon the accuracy and completeness thereof. The CLIENT recognizes that it is difficult for S-H to assure the accuracy, completeness and sufficiency of such client-furnished information, either because it is provided by others or because of errors or omissions which may have occurred in assembling the information the CLIENT is providing. Accordingly, the CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless S-H, its officers, directors, shareholders, employees, agents, subconsultants and affiliated companies, and any of them, from and against any and all claims, liabilities, losses, costs, expenses (including reasonable attorneys fees, experts fees, and any other legal costs) for injury or loss arising or allegedly arising from errors, omissions or inaccuracies in documents or other information provided by the CLIENT. UNDERGROUND UTILITIES Information for location of underground utilities may come from the CLIENT, third parties, and/or research performed by S-H or its subcontractors. S-H will use the standard of care defined in this Agreement in providing this service. The information that S-H must rely on from various utilities and other records may be inaccurate or incomplete. Therefore, the CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless S-H, its officers, directors, shareholders, employees agents, subconsultants, affiliated companies, and any of them for all claims, losses, costs and damages arising out of the location of underground utilities provided or any information related to underground utilities by S-H under this Agreement. CONTRACTOR MATTERS CLIENT agrees that S-H shall not be responsible for the acts or omissions of the CLIENT s contractor, or subcontractors, their employees, agents, consultants, suppliers or arising from contractor s or subcontractors work, their employees, agents, consultants, suppliers or other entities that are responsible for performing work that is not in conformance with the construction Contract Documents, if any, prepared by S-H under this Agreement. S-H shall not have responsibility for means, methods, techniques, sequences, and progress of construction of the contractor, subcontractors, agents, employees, agents, consultants, or others entities. In addition, CLIENT agrees that S-H is not responsible for safety at the project site and that safety during construction is for the CLIENT to address in the contract between the CLIENT and contractor. Project P/10/005

24 24 of 32 Page 8 of 10 SHOP DRAWING REVIEW If, as part of this Agreement S-H reviews and approves Contractor submittals, such as shop drawings, product data, samples and other data, as required by S-H, these reviews and approvals shall be only for the limited purpose of checking for conformance with the design concept and the information expressed in the contract documents. This review shall not include review of the accuracy or completeness of details, such as quantities, dimensions, weights or gauges, fabrication processes, construction means or methods, coordination of the work with other trades or construction safety precautions, all of which are the sole responsibility of the Contractor. S-H's review shall be conducted with reasonable promptness while allowing sufficient time in S-H's judgment to permit adequate review. Review of a specific item shall not indicate that S-H has reviewed the entire assembly of which the item is a component. S-H shall not be responsible for any deviations from the contract documents not brought to the attention of S-H in writing by the Contractor. S-H shall not be required to review partial submissions or those for which submissions of correlated items have not been received. OPINIONS OF PROBABLE COST If, as part of this Agreement S-H is providing opinions of probable construction cost, the CLIENT understands that S-H has no control over costs or the price of labor, equipment or materials, or over the Contractor's method of pricing, and that S-H's opinions of probable construction costs are to be made on the basis of S-H's qualifications and experience. S-H makes no warranty, expressed or implied, as to the accuracy of such opinions as compared to bid or actual costs. CONSTRUCTION OBSERVATION If, as part of this Agreement S-H is providing construction observation services, S-H shall visit the project at appropriate intervals during construction to become generally familiar with the progress and quality of the contractors' work and to determine if the work is proceeding in general accordance with the Contract Documents. Unless otherwise specified in the Agreement, the CLIENT has not retained S-H to make detailed inspections or to provide exhaustive or continuous project review and observation services. S- H does not guarantee the performance of, and shall have no responsibility for, the acts or omissions of any contractor, its subcontractors, employees, agents, consultants, suppliers or any other entities furnishing materials or performing any work on the project. S-H shall advise the CLIENT if S-H observes that the contractor is not performing in general conformance of Contract Documents. CLIENT shall determine if work of contractor should be stopped to resolve any problems. OTHER SERVICES The CLIENT may direct S-H to provide other services including, but not limited to, any additional services identified in S-H's proposal. If S-H agrees to provide these services, then the schedule shall be reasonably adjusted to allow S-H to provide these services. Compensation for such services shall be at S-H's Standard Hourly Fee Schedule in effect at the time the work is performed unless there is a written Amendment to Agreement that contains an alternative compensation provision. OWNERSHIP & REUSE OF INSTRUMENTS OF SERVICE All reports, plans, specifications, field data and notes and other documents, including all documents on electronic media, prepared by S-H as instruments of service shall remain the property of S-H. The CLIENT shall not reuse or make any modifications to the plans and specifications without the prior written authorization of S-H. The CLIENT agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless S-H its officers, directors, shareholders, employees, agents, subconsultants and affiliated companies, and any of them from any and all claims, losses, costs or damages of any nature whatsoever arising out of, resulting from or in any way related to any unauthorized reuse or modifications of the construction documents by the CLIENT or any person or entity that acquires or obtains the plans and specifications from or through the CLIENT without the written authorization of S-H. DISPUTE RESOLUTION If a dispute arises between S-H and CLIENT, the executives of the parties having authority to resolve the dispute shall meet within thirty (30) days of the notification of the dispute to resolve the dispute. If the dispute is not resolved within such thirty (30) day time period, CLIENT and S-H agree to submit to non-binding mediation prior to commencement of any litigation and that non-binding mediation is a precondition to any litigation. Any costs incurred directly for a mediator, shall be shared equally between the parties involved in the mediation. Project P/10/005

25 25 of 32 Page 9 of 10 EXCUSABLE EVENTS S-H shall not be responsible for any event or circumstance that is beyond the reasonable control of S-H that has a demonstrable and adverse effect on S-H s ability to perform its obligations under this Agreement or S-H s cost and expense of performing its obligations under this Agreement (an Excusable Event ), including without limitation, a change in law or applicable standards, actions or inactions by a governmental authority, the presence or encounter of hazardous or toxic materials on the Project, war (declared or undeclared) or other armed conflict, terrorism, sabotage, vandalism, riot or other civil disturbance, blockade or embargos, explosion, epidemic, quarantine, strike, lockout, work slowdown or stoppage, accident, act of God, failure of any governmental or other regulatory authority to act in a timely manner, unexcused act or omission by CLIENT or contractors of any level (including, without limitation, failure of the CLIENT to furnish timely information or approve or disapprove of S-H's services or work product promptly, delays in the work caused by CLIENT, CLIENT s suspension, breach or default of this Agreement, or delays caused by faulty performance by the CLIENT or by contractors of any level). When an Excusable Event occurs, the CLIENT agrees S-H is not responsible for damages, nor shall S-H be deemed to be in default of this Agreement, and S-H shall be entitled to a change order to equitably adjust for S-H s increased time and/or cost to perform its services due to the Excusable Event. ASSIGNMENT Neither party to this Agreement shall transfer, sublet or assign any rights under or interest in this Agreement (including but not limited to monies that are due or monies that may be due) without the prior written consent of the other party. SEVERABILITY, SURVIVAL AND WAIVER Any provision of this Agreement later held to be unenforceable for any reason shall be deemed void, and all remaining provisions shall continue in full force and effect. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the CLIENT and S-H shall survive the completion of the services hereunder and the termination of this Agreement. The failure of a party to insist upon strict compliance of any term hereof shall not constitute a waiver by that party of its rights to insist upon strict compliance at a subsequent date. GOVERNING LAW This Agreement shall be governed pursuant to the laws in the state of the locale of the S-H office address written in this Agreement. EQUAL EMPLOYMENT OPPORTUNITY It is the policy of S-H to provide equal employment opportunities for all. S-H enforces the following acts and amendments as presented by Federal government or State governments: Title VII of the Civil Rights Act of 1965, Age Discrimination in Employment ACT (ADEA), Americans With Disabilities Act (ADA), Iowa Civil Rights Act of 1965, and Illinois Human Rights Act [ 775ILCS 5]. S-H will not discriminate against any employee or applicant because of race, creed, color, religion, sex, national origin, gender identity, sexual orientation, marital status, ancestry, veteran status, or physical or mental handicap, unless related to performance of the job with or without accommodation. COMPLETE AGREEMENT This Agreement constitutes the entire and integrated agreement between the CLIENT and S-H and supersedes all prior negotiations, representations and agreements, whether oral or written. If the CLIENT issues a Purchase Order of which this Agreement becomes a part, the terms of this Agreement shall take precedence in the event of a conflict of terms. Project P/10/005

26 26 of 32 Page 10 of 10 AGREEMENT This proposal shall become the Agreement for Services when accepted by both parties. Original, facsimile, electronic signatures or other electronic acceptance by the parties (and returned to Shive- Hattery) are deemed acceptable for binding the parties to the Agreement. The Client representative signing this Agreement warrants that he or she is authorized to enter into this Agreement on behalf of the Client. Thank you for considering this proposal. We look forward to working with you. If you have any questions concerning this proposal, please contact us. Sincerely, SHIVE-HATTERY, INC. Cindi Bryan, Project Manager AGREEMENT ACCEPTED AND SERVICES AUTHORIZED TO PROCEED CLIENT: Metro Waste Authority BY: (signature) TITLE: PRINTED NAME: DATE ACCEPTED: Project P/10/005

27 27 of 32 Page 11 of 1 STANDARD HOURLY FEE SCHEDULE Effective January 1, 2018 to December 31, 2018 PROFESSIONAL STAFF: TECHNICAL STAFF: Grade 1 $ Grade 1 $ Grade 2 $ Grade 2 $ Grade 3 $ Grade 3 $ Grade 4 $ Grade 4 $ Grade 5 $ Grade 5 $ Grade 6 $ Grade 6 $ Grade 7 $ Grade 7 $ Grade 8 $ Grade 9 $ ADMIN STAFF: $ SURVEY STAFF: One Person $ Two Person $ Scanning Surveyor $ Surveyor with 2 scanners $ REIMBURSABLE EXPENSES: TRAVEL IN-HOUSE SERVICES Mileage- Car/Truck $0.54/ Mile Prints/Plots: Mileage- Survey Trucks $0.64/ Mile Bond $.30/Sq. Ft. Lodging, Meals Cost + 10% Mylar $.75/Sq. Ft. Airfare Cost + 10% Photogloss $.90/Sq. Ft. Car Rental Cost + 10% Color Bond $.60/Sq. Ft. OUTSIDE SERVICES Foam Core Mounting $ Computer Services Cost + 10% Color Prints: Aerial Photogrammetry Cost + 10% Letter Size $ 1.00 Professional Services Cost + 10% Legal Size $ 2.00 Prints/Plots/Photos Cost + 10% Deliveries Cost + 10%

28 Metro Waste Authority Board Monthly Board Meeting February 21, of 32 AGENDA ITEM 10 ITEM Approval Professional Services for MPE Cell Development, Closure, and Multiple Site Improvements Construction Quality Assurance (CQA). SUMMARY Provide construction oversight and observation for Project P54A Cell D North and Stage 1 Closure and Project P54B Multiple Site Improvements to ensure MWA receives the quality as identified in the specifications and required by state solid waste regulations. PREVIOUS BOARD ACTIONS February 2018 Consider approval of engineering scope adjustment for cell development, capping, and multiple site improvement design ($10,000). February 2018 Consider rejection of contractor for P54B Multiple Site Improvements. January 2018 Approved contractor for P54A Cell D North and Stage 1 Closure ($6,795,020). August 2017 Approved professional engineering services for cell development, capping, and multiple site improvement design ($392,000). BUDGET REQUIREMENTS The funds for CQA professional services are available in the Cell Development Fund, Closure Fund, and Capital and Equipment Fund. A total budgeted amount for cell development, closure, and multiple site improvements is $12,011,000 (includes construction and professional engineering services). DISCUSSION POINTS MWA prepared a detailed Request for Proposal (RFP) and scope of work. This RFP was forwarded to four engineering firms that MWA currently and/or previously utilized. Proposals were received from all four engineering firms. Attachment A includes the detailed cost analysis of these proposals. The proposals were evaluated based upon Experience, Scope of Work, Level of Effort, Total Cost, and Normalized Cost. Based upon this evaluation (Table 1), HDR is the recommended firm. The evaluation was close and the Total Cost and Normalized Total Cost were the deciding factors. The proposal from HDR for $269,501 provides 2,444 hours of services with an average labor rate of $82.79 per hour. At 3.0% of the total construction cost, this is lower than the previous CQA costs. Iowa Department of Natural Resources (IDNR) regulations require that a 3 rd party Professional Engineer observe and submit reports that certify that the cell and closure is constructed in accordance with the approved plans and specifications. In addition, multiple site improvements project requires oversights and testing performed by CQA. Scope of work includes: Contract Administration Field CQA and Construction Observation Table 1- Proposal Evaluation BLEC Foth HDR SCS Experience Ranking Scope Of Work Ranking Level of Effort Ranking Total Cost Ranking Total Normalized Cost Ranking Normalized Total Combined Score

29 Agenda Item x (cont.) 29 of 32 Testing and Analytical Services Record Documentation and Certification Report CQA Manual Scope of work does not include construction administration/management. Scope of work is considered professional engineering services. STAFF RECOMMENDATION Staff recommends that the Board accept the proposal from HDR. The amount of the proposal is $269,501. ATTACHMENTS Attachment A - Proposal Cost Analysis CONTACTS Yuta Naganuma, Site Engineer Phone:

30 30 of 32 Metro Waste Authority P-54A&B Construction Quality Assurance Cost Analysis BLEC Foth HDR SCS Average Manhours Task 1 - Contract Administration Task 2 - Field CQA & Const. Observation 2,100 2,330 2,160 3,331 2,480 Task 3 - Testing and Analytical Services Task 4 - Record Documentation and Certificatio Task 5 - CQA Manual Total Manhours 2,803 3,021 2,444 4,096 3,091 Labor Cost Task 1 - Contract Administration $ 48,650 $ 39,788 $ 22,594 $ 50,975 $ 40,502 Task 2 - Field CQA & Const. Observation $ 157,500 $ 184,108 $ 169,123 $ 227,485 $ 184,554 Task 3 - Testing and Analytical Services $ 593 $ 10,996 $ 1,311 $ 8,525 $ 5,356 Task 4 - Record Documentation and Certificatio $ 17,000 $ 22,012 $ 8,254 $ 27,550 $ 18,704 Task 5 - CQA Manual $ 500 $ 7,918 $ 1,050 $ 4,950 $ 3,605 Total Labor Cost $ 224,243 $ 264,822 $ 202,332 $ 319,485 $ 252,721 Other Expenses Task 1 - Contract Administration $ 3,800 $ 312 $ 1,500 $ 5,796 $ 2,852 Task 2 - Field CQA & Const. Observation $ 57,350 $ 20,550 $ 22,720 $ 52,495 $ 38,279 Task 3 - Testing and Analytical Services $ 43,531 $ 20,400 $ 42,949 $ 23,838 $ 32,680 Task 4 - Record Documentation and Certificatio $ 2,750 $ - $ - $ 876 $ 907 Task 5 - CQA Manual $ 100 $ - $ - $ 100 $ 50 Total Other Expenses $ 107,531 $ 41,262 $ 67,169 $ 83,105 $ 74,767 Total Cost Task 1 - Contract Administration $ 52,450 $ 40,100 $ 24,094 $ 56,771 $ 43,354 Task 2 - Field CQA & Const. Observation $ 214,850 $ 204,658 $ 191,843 $ 279,980 $ 222,833 Task 3 - Testing and Analytical Services $ 44,124 $ 31,396 $ 44,260 $ 32,363 $ 38,036 Task 4 - Record Documentation and Certificatio $ 19,750 $ 22,012 $ 8,254 $ 28,426 $ 19,611 Task 5 - CQA Manual $ 600 $ 7,918 $ 1,050 $ 5,050 $ 3,655 Total Cost $ 331,774 $ 306,084 $ 269,501 $ 402,590 $ 327,487 Percentage of Construction Value 3.7% 3.4% 3.0% 4.5% 3.7% P54AB.CQA.Proposal.Evaluation1.xlsx Cost Analysis 2/16/2018 1:00 PM

31 Metro Waste Authority Board Monthly Board Meeting February 21, of 32 AGENDA ITEM 11 ITEM Reject bids for Project P-54B Multiple Site Improvement Construction at Metro Park East Landfill. SUMMARY Construction of site improvements at Metro Park East Landfill. Bids came in over budget. Recommend re-bid. PREVIOUS BOARD ACTIONS February 2018 Consider approval of engineering scope adjustment for cell development, capping, and multiple site improvement design ($10,000). February 2018 Consider approval of construction quality assurance (CQA) for P54A and P54B ($269,501). January 2018 Approved contractor for P54A Cell D North and Stage 1 Closure ($6,795,020). August 2017 Approved professional engineering services for cell development, capping, and multiple site improvement design ($392,000). Figure 1: MPE Multiple Site Improvements BUDGET REQUIREMENTS The proposal is over budget. The funds for the project are available in the Capital and Equipment Fund. A total budgeted amount for Project P-54B MPE Multiple Site Improvements was $1,611,000. DISCUSSION POINTS Two proposals were received. Bids were $2,098,700 (Minturn Inc.) and $2,695,020 (Des Moines Asphalt). The proposal from Minturn is approximately 50% over the design engineer s estimate of $1,400,000. The project combined multiple budgeted site improvements. One item, South Utility Corridor, was substantially above budgeted/estimated amount. Upon consultation with legal, it was determined the removal of a base-bid item is not allowed without rebidding the project. Therefore, staff recommends rejecting the bids received from Minturn and Des Moines Asphalt and re-bid the project. The construction will include: Compost pad area lighting and electrical hookups Perimeter access road paving and storm water improvements Asphalt pavement repair Employee parking lot and lighting Non-potable water supply well and piping Existing fire vault improvements Relocation of existing water supply well STAFF RECOMMENDATION Staff recommends that the Board reject the bids for construction of multiple site improvements project (P-54B). CONTACTS Yuta Naganuma, Site Engineer Phone: