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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(m) Answer Requests for Information from the Contractor as necessary, which may include technical questions, clarifications and interpretations of the construction contract documents. (n) Conduct professional inspections to determine the dates of substantial completion and final completion for the Project, to evaluate the work for acceptable conformance with the construction contract documents and in light of any subsequent tests performed as referenced in the Section 4(i) to verify that any minor deviations from the construction contract documents as referenced in Section 4(i) have been corrected and that the reasons for any specific qualifications in any and all previous certificates for payment as described in this Agreement are either no longer valid or the condition(s) and/or problem(s) have been corrected. The Consultant will receive and review written warranties and related documents required by the construction contract documents and assembled by the Contractor; will issue final certificates for payment or take other appropriate action, and make a written recommendation to the City regarding the City's acceptance of the project. (o) Require the submission by the Contractor, and subcontractors performing work on the Project site, of periodic wage rate payment reports and, with the City's assistance, verify compliance with federal and state wage rate requirements for the Project; and notice the City of any noncompliance, or of the failure by the Contractor or subcontractors to make submissions. (p) Prepare or cause to be prepared, and submit to the City a set of reproducible record drawings showing significant changes in the work made during the construction phase. The Consultant will submit two full-size hard copy record drawings to the City, as well as one CD containing electronic copies in PDF and CAD formats. (q) Ensure that all notices and signs required and provided by the City are posted in appropriate locations at the Project site by the Contractor. (r) Conduct a final inspection with the City and prepare a punch list prior to final acceptance by the City. (s) Prior to the end of the one year warranty period, review the completed Project with the City and the Contractor and have all deficient items corrected. The extent of the duties, responsibilities and limitations of authority of the Consultant as the City's representative during construction will not be modified or extended after the construction contract documents have been authorized by the City to be competitively bid without written consent of the City and the Consultant and with notice to the Contractor. 5. Construction Cost (a) The construction cost will be the total cost or estimated cost to the City of all elements of the Project designed or specified by the Consultant. (b) The construction cost will include at current market rates, including a reasonable allowance for overhead and profit, the cost of any equipment that has been designed, specified, selected or specially provided for by the Consultant, except that used materials and equipment will be included as if purchased new for the Project. (c) Construction cost does not include the compensation of the Consultant and the Consultant's subconsultants, or other costs which are the responsibility of the City as provided in Article 2. (d) Evaluations of the City's Project budget and detailed cost estimates, if any, prepared by the Consultant, will represent the Consultant's best judgment as a design professional familiar with the construction industry. The City recognizes that the Consultant has no control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices or over competitive bidding or market conditions. (e) A fixed limit of construction cost for this Project will be established by the City's representative after consulting with the Consultant. The Consultant will be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, and types of construction are to be included in the construction contract documents, to make reasonable adjustments in the scope of the Project and to include in the construction CITY HALL • 630 EAST HOPKINS • SAN MARCOS, TEXAS 78666 • 512.393.8150 • FACSIMILE 855.759.2846 SANMARCOSTX.GOV 10