Res 2017-024/approving an agreement with Leathers and Associates, Inc. for the provision of professional design services in connection with the reconstruction of the San Marcos Playscape Project in the fixed fee amount of $65,300.00

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the Consultant, the Consultant will keep the City informed of the progress and quality of the work through written status reports and through meetings with the City's representative. The Consultant will also be reasonably available to perform site visitations at the specific request of the City by the next business day after a request is made. (f) In performing all services, including inspections, not have control or charge of and will not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work, for the acts or omissions of the construction contractor, subcontractors or any other persons performing any of the work, or for the failure of any of them to carry out the work in accordance with the construction contract documents, unless such acts or omissions are due to the negligence of the Consultant or are acts or omissions under the Consultant's control. However, the Consultant will exercise its authority on behalf of the City in accordance herewith and particularly during the construction phase so that all work performed by the construction contractor results in a Project completed in accordance with the construction contract documents and during any phase should the Consultant become aware of the Contractor's utilization of means, methods, techniques, sequences and/or procedures of construction which, in the Consultant's opinion, will not result in completion of the Project in accordance with the construction contract documents or which are unsafe, the Consultant will immediately inform the City and will take all necessary action which the Consultant is authorized to take under the construction contract documents to correct the matter. (g) At all times, have access to the work wherever it is in preparation or progress. (h) Determine the amounts owing to the construction contractor based on its on-site professional inspections and on evaluations of the Contractor's applications for payment, including comparisons of the construction contractor's monthly cost reports with its applications for payment, and make recommendations for payment in these amounts, as provided in the construction contract documents, or take such other appropriate action which the Consultant deems necessary. (i) Make recommendations for payment that constitute a representation by the Consultant to the City based on the Consultant's inspections and on the data comprising the Contractor's application for payment, that 1) the work has progressed to the point indicated, 2) the quality of the work is in acceptable conformance with the construction contract documents (subject to an evaluation of the work of conformance with the construction contract documents upon substantial completion, subject to the results of any subsequent tests required by or performed under the construction contract documents, subject to minor variations from the construction contract documents correctable prior to completion, and subject to any specific qualifications stated in the certificate for payment), and 3) the construction contractor is entitled to payment in the amount certified. However, the issuance of a certificate for payment will not be a representation that the Consultant has made any examination to ascertain how and for what purpose the Contractor has used the monies paid by the City. 0) Have authority to reject work, which does not conform to the construction contract documents. Whenever, in the Consultant's reasonable opinion, it is necessary or advisable for the proper implementation of the intent of the construction contract documents, and with the approval of the City, the Consultant will have authority to require special inspection or testing of the work in accordance with the provisions of the construction contract documents, whether or not such work is then fabricated, installed or completed. The Consultant will review the work and results of all testing laboratories as required by the construction contract documents. (k) Review and make decisions regarding the approval or taking of other appropriate action upon the Contractor's submittals, including, but not limited to, shop drawings, product data and samples, schedule of values and progress schedule. The Consultant will take such action with reasonable promptness, but generally not to exceed 15 calendar days or such period of time as will not cause delay of the Project. (1) Prepare minor changes in the plans and specifications as directed by the City; and prepare necessary change orders in triplicate originals for approval by the City and execution in accordance with the construction contract documents. The Consultant will not issue change orders not previously approved in writing by the City, and no course of conduct on the part of the Consultant or the City will amend, waive or alter this provision. CITY HALL • 630 EAST HOPKINS • SAN MARCOS, TEXAS 78666 512.393.8150 • FACSIMILE 855.759.2846 SANMARCOSTX.GOV 0