Res 2017-121/approving a Professional Services Agreement with Kimley-Horn And Associates, Inc. for the provision of Engineering Services in connection with the Sessom Creek Wastewater Improvements Project from N. LBJ to Canyon Road

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ATTACHMENT A CITY OF SAN MARCOS SESSOM DRIVE WASTEWATER REPLACEMENT FROM N. LBJ TO CANYON ROAD SCOPE OF SERVICES Phase D—Construction Phase 1. Project Management: This task consists of routine communication with the City; managing, manpower, budgets, and schedules; invoicing; and other activities associated with managing the project. 2. Attend Pre-Construction Conference: KIMLEY-HORN will attend a Pre-Construction Conference prior to commencement of work. 3. Submittal Review: KIMLEY-HORN will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which the Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. Ten (10) submittals have been assumed. 4. Response to Requests for Information/Modifications: KIMLEY-HORN will respond to reasonable and appropriate Contractor requests for information (RFI's) and issue necessary clarifications and interpretations of the Contract Documents to the City as appropriate to the orderly completion of Contractor's work. Five (5) RFI's have been assumed. 5. Construction Observation: KIMLEY-HORN will provide on-site construction observation services during the construction phase. KIMLEY-HORN will make visits at intervals as directed by Client in order to observe the progress of the Work. Such visits and observations by KIMLEY-HORN are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on KIMLEY-HORN's exercise of professional judgment. Based on information obtained during such visits and such observations, KIMLEY-HORN will evaluate whether Contractor's work is generally proceeding in accordance with the Contract Documents, and KIMLEY-HORN will keep Client informed of the general progress of the Work. The purpose of KIMLEY-HORN's site visits will be to enable KIMLEY-HORN to better carry out the duties and responsibilities specifically assigned in this Agreement to KIMLEY-HORN, and to provide Client a greater degree of confidence that the completed Work will conform in general to the Contract Documents. KIMLEY-HORN will not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor will KHA have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, KIMLEY-HORN neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. Two (2) site visits per month for a duration of two (2) months followed by one (1) site visit per month for a duration of four(4) months are assumed. 6. Pay Application Review: Based on its observations and on review of applications for payment and accompanying supporting documentation, KIMLEY-HORN will determine the amounts that KIMLEY-HORN recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute KIMLEY-HORN's representation to Client, based on such observations and review, that, to the best of KIMLEY-HORN's knowledge, information and belief, Contractor's work has progressed to the point indicated and that such work-in-progress is generally in 6