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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requests for additional information and make all necessary clarifications and interpretations of the construction contract documents. (d) Assist the City in reviewing all bids including the analysis of bid alternates/substitutions, the Statement of Bidder's Qualifications, financial statements of bidders, lists of bidders' proposed subcontractors, and all other documents required to be submitted with the bids for responsiveness and for bid amount. Consultant will also verify through reasonable investigation the financial and performance history documentation submitted by the low bidder and second low bidder, and their references. The City will provide copies of all of the bid documents to the Consultant within one day from the date of receipt of bids. Within ten calendar days of receiving the bid documents from the City, the Consultant will prepare a report of its review and evaluation, and include a written recommendation to the City for award of the contract for construction, or other action as may be appropriate. The City will make the final decision on the award of the construction contract and the acceptance or rejection of bids. The Consultant will provide technical (but not legal) advice in bid protest situations. Both the City and the Consultant assume that this Project will be bid as one Project and neither party anticipates that it will be necessary to re -bid the Project. (e) Have no authority to issue a Notice to Proceed to any Contractor. (f) Provide the City with two half size and two full size sets of conformed construction plans. Provide the Contractor with three half size and two full size sets of conformed construction plans at no additional cost to the City. 4. Construction Administration Services During the construction phase of this project, the Consultant will: (a) Administer the construction contract as set forth in the construction documents unless otherwise provided in this Agreement and incorporated in the construction contract documents. Consultant will not pursue a course of conduct, which might jeopardize any of the City's rights hereunder. Minor deviations from the construction contract documents that do not affect the validity of performance bond(s) are permitted. (b) Be a representative but not an agent of the City during the construction phase, and advise and consult with the City and provide progress reports and advice to the City in writing; serve as the City's direct contact with the Contractor and forward the City's instructions to the Contractor unless (1) Consultant is unavailable by telephonic communication or otherwise to issue instructions necessary for the proper progress and acceptance of work; (2) jeopardy to life and/or property exists; and/or (3) lack of instructions and/or unavailability of Consultant will result in, in City's opinion, harm to City, in which case instructions may be forwarded directly to the Contractor by the City; have authority to act on behalf of the City only to the extent provided herein and in the construction contract documents unless otherwise modified by written instrument in accordance with the Consultant's agreement with the City. The City will promptly advise the Consultant of any instructions issued directly by City to the construction Contractor if the Consultant was unavailable at the time of issuance of instructions. (c) Assist the City in ensuring that all applicable permits and approvals have been obtained from the appropriate agencies prior to construction in accordance with the scope of work (d) Assist the City in conducting a pre -construction conference with the Contractor, members of City's staff, representatives of affected utility providers, and federal and state agencies having jurisdiction over the Project (including City inspectors) in order to establish construction schedules and to identify key representatives of the parties and lines of communication. The Consultant will be responsible for providing an agenda and for keeping accurate minutes of this meeting. The Consultant will distribute minutes to the interested parties within five calendar days of the conference. The City will arrange for the location of the meeting. (e) Make on-site inspections of the Project as often as required to ensure familiarity with the progress and quality of the work, to determine if the work is proceeding in acceptable conformance with the construction contract documents, and to review the work with the City's designated representatives. On the basis of these inspections, by CITY HALL • 630 EAST HOPKINS • SAN MARCOS, TEXAS 78666 . 512.393.8150 • FACSIMILE 855.759.2846 SANMARCOSTX.GOV