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AMENDMENT NO. 1 TO AGREEMENT FOR CONSULTING
SERVICES BY AND BETWEEN THE CITY OF ARCADIA
AND PHILIP SEXTON
This Amendment No. 1 ( "Amendment No. I") is hereby entered into by and
between the City of Arcadia, a charter city organized under the Constitution and laws
of the State of California, and Philip Sexton with respect to that certain Professional
Services Agreement between the parties dated February 28, 2006 ( "Agreement ").
The parties agree as follows:
1. Pursuant to Section 3.3.1 of the Agreement, the total compe is hereby
increased by $52,000 ($20,000- 2/27/08, $10,000 - 5/29/08 +a $22,000-
11/5/09) for a new total compensation of one hundred fortyAnousand dollars
($148,000), as referenced in the attached amended Exhibit "C ".
2. All of the remaining terms and provisions of the Agreement are hereby
reaffirmed.
In witness whereof the parties have executed this Amendment No. 1 on the date set
forth below.
CITY OF ARCADIA
By: L, nya�
Donald Penman, City Manager
Dated: , 2009
ATTEST:
Ci lerk
APPROVED AS TO FORM:
PHILIP SEXTON
� W � 0- M -; � R Nn –.. - � �—N
Title
CONCUR:
Stephen Deitsch, City Attorney Jason Kruckeberg, Dev�pment
Services Director
Exhibit "C"
COMPENSATION
Phase Not -To- Exceed
Construction $90,000
Post Construction $ 6,000
Post Construction $52,000
2/27/08 - $20,000
5/29/08 - $10,000
11/5/09-$22,000
TOTAL
Construction phase costs assume a part time construction manager at 20 hours per
week for a period of 14 months. Costs for all work will be billed on an hourly basis
pursuant to the hourly rate established below. Consultant shall not exceed the amount
established above within each phase without the express written consent of the City.
Reimburseables
Reimburseables may include telephone and fax expenditures, mileage only to the
degree Consultant is requested by the City to travel distances to meetings outside the
City, photos, copies, mailing and office supplies specific to this project.
Hourly Rate
An hourly fee has been established at the rate of seventy -five dollars ($75) per hour.
Note: The City shall provide clerical support to the construction manager. Their duties
shall include but are not limited to copying, meeting coordination, filing, etc.
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CITY OF ARCADIA
PROFESSIONAL SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this Z_Z�t "day of tF2tJYU4✓y 2006 by
and between the City of Arcadia, a municipal organization organized under the laws of the State
of California with its principal place of business at 240 West Huntington Drive, Arcadia,
California 91066 -6021 ( "City ") and Philip Sexton, a sole proprietorship with its principal place
of business at 216 W. Palm Drive, Arcadia, CA 91007 ( "Consultant "). City and Consultant are
sometimes individually referred to as "Party" and collectively as "Parties."
2. RECITALS.
2.1 Consultant.
Consultant desires to perform and assume responsibility for the provision of certain
professional services required by the City on the terms and conditions set forth in this
Agreement. Consultant represents that it is experienced in providing construction coordination
services to public clients, is licensed in the State of California, and is familiar with the plans of
City.
2.2 Project.
City desires to engage Consultant to render such services for the Fire Station 105 project
( "Project') as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish to
the City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional construction coordination consulting
services necessary for the Project ( "Services "). The Services are more particularly described in
Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject
to, and performed in accordance with, this Agreement, the exhibits attached hereto and
incorporated herein by reference, and all applicable local, state and federal laws, rules and
regulations.
3.1.2 Term. The term of this Agreement shall be from the date of execution of
this Agreement to completion of the new Fire Station 105, including post construction activities,
unless earlier terminated as provided herein. Consultant shall complete the Services within the
term of this Agreement, and shall meet any other established schedules and deadlines.
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3.2 Responsibilities of Consultant.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will determine
the means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Consultant on an independent contractor basis and not as an employee.
Consultant retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Consultant shall also not be employees of City and shall at all times be under
Consultant's exclusive direction and control. Consultant shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Consultant shall be responsible for all reports and
obligations respecting such additional personnel, including, but not limited to: social security
taxes, income tax withholding, unemployment insurance, disability insurance, and workers'
compensation insurance.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement, and in accordance with the Schedule of
Services set forth in Exhibit "B" attached hereto and incorporated herein by reference.
Consultant represents that it has the professional and technical personnel required to perform the
Services in conformance with such conditions. In order to facilitate Consultant's conformance
with the Schedule, City shall respond to Consultant's submittals in a timely manner. Upon
request of City, Consultant shall provide a more detailed schedule of anticipated performance to
meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Consultant shall be subject to the prior written approval of City.
3.2.4 Substitution of Key Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other personnel of
at least equal competence upon prior written approval of City. In the event that City and
Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate
this Agreement for cause. As discussed below, any personnel who fail or refuse to perform the
Services in a manner acceptable to the City, or who are determined by the City to be
uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a
threat to the safety of persons or property, shall be promptly removed from the Project by the
Consultant at the request of the City. The key personnel for performance of this Agreement are
as follows: Philip Sexton.
3.2.5 City's Representative. The City hereby designates Donald Penman,
Assistant City Manager /Development Services Director, or his designee, to act as its
representative for the performance of this Agreement ( "City's Representative "). City's
Representative shall have the power to act on behalf of the City for all purposes under this
Contract. Consultant shall not accept direction or orders from any person other than the City's
Representative or his designee.
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3.2.6 Consultant's Representative. Consultant hereby designates Philip Sexton,
or his designee, to act as its representative for the performance of this Agreement ( "Consultant's
Representative "). Consultant's Representative shall have full authority to represent and act on
behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative
shall supervise and direct the Services, using his best skill and attention, and shall be responsible
for all means, methods, techniques, sequences and procedures and for the satisfactory
coordination of all portions of the Services under this Agreement.
3.2.7 Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and other
staff at all reasonable times.
3.2.8 Standard of Care; Performance of Employees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in the
State of California. Consultant represents and maintains that it is skilled in the professional
calling necessary to perform the Services. Finally, Consultant represents that it, its employees
and subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and that
such licenses and approvals shall be maintained throughout the term of this Agreement. As
provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its
own cost and expense and without reimbursement from the City, any services necessary to
correct errors or omissions which are caused by the Consultant's failure to comply with the
standard of care provided for herein. Any employee of the Consultant or its sub - consultants who
is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely
completion of the Project, a threat to the safety of persons or property, or any employee who fails
or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed
from the Project by the Consultant and shall not be re- employed to perform any of the Services
or to work on the Project.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and
in compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Project or the Services, including all Cal /OSHA requirements, and shall
give all notices required by law. Consultant shall be liable for all violations of such laws and
regulations in connection with Services. If the Consultant performs any work knowing it to be
contrary to such laws, rules and regulations and without giving written notice to the City,
Consultant shall be solely responsible for all costs arising therefrom. Consultant shall defend,
indemnify and hold City, its officials, directors, officers, employees and agents free and
harmless, pursuant to the indemnification provisions of this Agreement, from any claim or
liability arising out of any failure or alleged failure to comply with such laws, rules or
regulations.
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3.2.10 Insurance. (Intentionally Omitted)
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3.2.11 Safety. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant shall at
all times be in compliance with all applicable local, state and federal laws, rules and regulations,
and shall exercise all necessary precautions for the safety of employees appropriate to the nature
of the work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and life saving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.3 Fees and Payments.
3.3.1 Compensation. Consultant shall receive compensation, including
reimbursements which receive the City's prior written authorization, for all Services rendered
under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein
by reference. The total compensation shall not exceed Ninety Six Thousand Dollars
($96,000.00) without written approval of City's Assistant City Manager /Development Services
Director. Extra Work may be authorized, as described below, and if authorized, will be
compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within forty-five (45) days of receiving such
statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any
expenses unless prior written authorization is obtained from the City.
3.3.4 Extra Work. At any time during the teen of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Project, but which
the parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Consultant shall not perform, nor be compensated for, Extra Work without prior written
authorization from City's Representative.
3.4 Accounting Records.
3.4.1 Maintenance and Inspection. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All such
records shall be clearly identifiable. Consultant shall allow a representative of City during
normal business hours to examine, audit, and make transcripts or copies of such records and any
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other documents created pursuant to this Agreement. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to the Agreement for a period of three
(3) years from the date of final payment under this Agreement.
3.5 General Provisions.
3.5.1 Termination of Agreement.
3.5.1.1 Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time and without cause by
giving written notice to Consultant of such termination, and specifying the effective date thereof,
at least seven (7) days before the effective date of such termination. Upon termination,
Consultant shall be compensated only for those services which have been adequately rendered to
City, and Consultant shall be entitled to no further compensation. Consultant may not terminate
this Agreement except for cause.
3.5.1.2 Effect of Termination. If this Agreement is terminated as provided
herein, City may require Consultant to provide all finished or unfinished Documents and Data
and other information of any kind prepared by Consultant in connection with the performance of
Services under this Agreement. Consultant shall be required to provide such document and other
information within fifteen (15) days of the request.
3.5.1.3 Additional Services. In the event this Agreement is terminated in
whole or in part as provided herein, City may procure, upon such terms and in such manner as it
may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
Consultant: Philip Sexton
216 W. Palm Drive
Arcadia, CA 91007
City: City of Arcadia
240 West Huntington drive
Arcadia, CA 91066 -6021
Attn: Donald Penman, Assistant City Manager/Development
Services Director
Such notice shall be deemed made when personally delivered or when mailed, forty -eight (48)
hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its
applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
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3.5.3 Ownership of Materials and Confidentiality.
3.5.3.1 Documents & Data; Licensing of Intellectual Property. This
Agreement creates a non - exclusive and perpetual license for City to copy, use, modify, reuse, or
sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in
any tangible medium of expression, including but not limited to, physical drawings or data
magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be
prepared by Consultant under this Agreement ( "Documents & Data "). Consultant shall require
all subcontractors to agree in writing that City is granted a non - exclusive and perpetual license
for any Documents & Data the subcontractor prepares under this Agreement. Consultant
represents and warrants that Consultant has the legal right to license any and all Documents &
Data. Consultant makes no such representation and warranty in regard to Documents & Data
which were prepared by design professionals other than Consultant or provided to Consultant by
the City. City shall not be limited in any way in its use of the Documents and Data at any time,
provided that any such use not within the purposes intended by this Agreement shall be at City's
sole risk.
3.5.3.2 Confidentiality. All ideas, memoranda, specifications, plans,
procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for any
purposes other than the performance of the Services. Nor shall such materials be disclosed to
any person or entity not connected with the performance of the Services or the Project. Nothing
furnished to Consultant which is otherwise known to Consultant or is generally known, or has
become known, to the related industry shall be deemed confidential. Consultant shall not use
City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or
the Project in any magazine, trade paper, newspaper, television or radio production or other
similar medium without the prior written consent of City.
3.5.4 Cooperation; Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Indemnification. (Intentionally Omitted)
3.5.6 Entire Agreement. This Agreement contains the entire Agreement of the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by
both Parties.
3.5.7 Governing Law. This Agreement shall be governed by the laws of the
State of California. Venue shall be in Los Angeles County.
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3.5.8 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.9 City's Right to Employ Other Consultants. City reserves right to employ
other consultants in connection with this Project.
3.5.10 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the Parties.
3.5.11 Assignment or Transfer. Consultant shall not assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.5.12 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any
term referencing time, days or period for performance shall be deemed calendar days and not
work days. All references to Consultant include all personnel, employees, agents, and
subcontractors of Consultant, except as otherwise specified in this Agreement. All references to
City include its elected officials, officers, employees, agents, and volunteers except as otherwise
specified in this Agreement. The captions of the various articles and paragraphs are for
convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
content, or intent of this Agreement.
3.5.13 Amendment; Modification. No supplement, modification, or amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.14 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel, or otherwise.
3.5.15 No Third Party Beneficiaries. There are no intended third party
beneficiaries of any right or obligation assumed by the Parties.
3.5.16 Invalidity; Severability. If any portion of this Agreement is declared
invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions shall continue in full force and effect.
3.5.17 Prohibited Interests. Consultant maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
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contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no member, officer or employee of City, during the term of his
or her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
3.5.18 Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex, sexual orientation or age. Such non - discrimination shall include, but not be limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising, layoff or termination. Consultant shall also comply with all relevant provisions of
City's Minority Business Enterprise program, Affirmative Action Plan or other related programs
or guidelines currently in effect or hereinafter enacted.
3.5.19 Labor Certification. By its signature hereunder, Consultant certifies that it
is aware of the provisions of Section 3700 of the California Labor Code which require every
employer to be insured against liability for Worker's Compensation or to undertake self -
insurance in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
3.5.20 Authority to Enter Agreement. Consultant has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.21 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.6 Subcontracting.
3.6.1 Prior Approval Required. Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
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CITY OF ARCADIA
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William R. Kelly
City Manager
Dated: 0& 2006
ATT�$
City Clerk
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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PHILIP SEXTON
By:
Philip Sexton
Consultant
9
CONCUR:
Donald Penman Date
Assistant City Manager /Development
Services Director
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EXHIBIT "A"
SCOPE OF SERVICES
OVERVIEW
The Scope of Services is divided into two (2) phases; Construction and Post Construction. The
Construction Coordinator will report to the Assistant City Manager /Development Services
Director, or his designee.
GENERAL PROJECT MANAGEMENT
Staff Assistance - The Construction Coordinator (CO) will provide some technical and
managerial staff assistance to the City of Arcadia for the specific tasks described
hereunder for the construction program.
2. Meetings - Organize, schedule, attend and record all program- related meetings.
3. Reports - In consultation with the architect, generate and distribute throughout all phases
of project management information reports detailing project progress, schedule,
compliance with specifications, and financial status.
4. Documents Control - Establish and maintain all related and relevant documentation,
records, and correspondence pertaining to the project.
5. Cost Control - Under the direction of the City, establish and implement cost monitoring
and control procedures.
CONSTRUCTION PHASE
Pre - Construction Conference - Help organize, schedule, attend and record the pre -
construction conference for the project prior to the start of any field activities.
2. On -Site Management - Provide and maintain on -site contract administration as an agent
of the City, and establish and implement coordination and communication procedures
among City, Architect and Contractors.
3. Weekly Progress Meetings - Organize, schedule and participate in weekly progress
meetings. Review and /or record (as requested by the City) minutes.
4. Reports - Prepare any reports that may be required during the construction phase.
Prepare monthly construction progress reports to the City.
5. Permits, Bonds and Insurance - Verify that the required permits, bonds and insurance,
have been obtained and are kept current during the contract. These documents shall be
forwarded to the City with a copy to the architect.
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6. Review of Requests for Information, Shop Drawings, Samples & Other Submittals —
Serve as initial contact for the Contractor's requests for information, shop drawings,
samples and other submittals. Forward to the Architect for review the request for
clarification or interpretation, shop drawing, sample, or other submittal, along with the
construction coordinator's comments. Review all submittals for cost, sequencing,
scheduling and time of construction, clarity, consistency, and coordination. Receive from
the Architect, and transmit to the Contractor, all information so received from the
Architect. Maintain a log of all submittals and requests for clarification, and expedite
processing and approval.
7. Progress Reports as requested - Record the progress of the Project. Submit written
progress reports to the City and the Architect including information on the entire Project,
showing percentages of completion and the number and amounts of Change Orders.
Keep a daily log containing a record of weather, number of workers, work accomplished,
problems encountered, and other similar relevant data as the City may require. Make the
log available to the City and the Architect.
8. Schedule Control — Review and monitor the project schedule for compliance with
scheduled tasks.
9. Photographs - Provide photographic documentation of project site prior to and during
construction on an approximate bi- weekly basis. The City will provide a digital camera
during the construction of the project.
10. Contract Non - Compliance - Endeavor to achieve satisfactory performance from the
Contractor. Recommend courses of action to the City when requirements of a Contract
are not being fulfilled, and the non - performing party will not take satisfactory corrective
action.
11. Subsurface & Physical Conditions - Whenever the Contractor notifies the Construction
Coordinator that a surface or subsurface condition at or contiguous to the site is
encountered that materially differs from what the Contractor is entitled to rely upon or
from what is indicated or referred to in the Contract Documents, or that may require a
change in the Contract Documents, the Construction Coordinator shall notify the
Architect. Receive from the Architect and transmit to the Contractor all information
necessary design changes required to be responsive to the differing or changed condition
and, if necessary, have a change order prepared.
12. Contractor's Safety Program - The Construction Coordinator shall ensure that the General
Contractor prepare and submit for review a safety program for each Contractor doing
work at the Site, as required by the Contract Documents. Notify Contractor of any
observed safety problems. Direct Contractor to suspend work if imminent hazard is not
immediately remedied or a dangerous condition persists. Investigate all accidents.
Gather all information relating to any accidents. Prepare accident reports.
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13. Cost Accounting - Revise and refine the approved estimate of Construction Cost,
incorporate approved changes as they occur. Maintain cost accounting records on
authorized additional work performed on the basis of actual costs of labor and materials,
or other work requiring accounting records.
14. Progress Payments - Review the payment applications submitted by the Contractor on
approved AIA forms and determine whether the amount requested reflects the progress of
the Contractor's work. Make appropriate adjustments to each payment application and
prepare and forward to the City a Progress Payment Report. The Report shall state the
total contract price, payments to date, current payment requested, retainage and actual
amounts owed for the current period.
15. Change Order Preparation, Negotiation and Processing - Establish, implement and
coordinate systems for processing all contract change orders.
16. Change Order Reports - Periodically prepare and distribute Change Order Reports during
construction. The Report shall list all City- approved change orders by number, a brief
description of the change order work, the cost established in the change order and percent
of completion of the change order work.
17. Record Documents — Monitor or maintain on a current basis: a record copy of all
Contracts, Drawings, Specifications, Addenda, Change Orders and other Modifications,
in good order and marked to record all changes made during construction; Shop
Drawings; Product Data; Samples; submittals, purchases; materials; equipment;
applicable handbooks; maintenance and operating manuals and instructions; other related
documents and revisions which arise out of the Contracts or work. Make all records
available to the City and the Architect. At the completion of the Project, deliver all such
records to the Architect for the City.
18. Initial Start-Up - With the Architect and the City's maintenance personnel, observe the
Contractors' checkout of utilities, operational systems and equipment for readiness and
assist in their initial start-up and testing.
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POST - CONSTRUCTION PHASE
Final Punchlist - The Construction Coordinator shall assist the Architect in preparing a
punchlist. After the Architect certifies the Date of Substantial Completion of the Work,
the Construction Coordinator shall coordinate the correction and completion of the Work.
2. Final Inspection - Following the Architect's approval of a Certificate of Substantial
Completion of the Project or designated portion thereof, evaluate the completion of the
work of the Contractor and make recommendations to the City when work is ready for
final inspection. Assist the Architect in conducting final inspections. Assist the
Architect in securing and transmitting to the City required guarantees, affidavits, releases,
bonds and waivers.
3. Operation and Maintenance Manuals - Coordinate the Contractor's submission of
operation and maintenance manuals required under the contract.
4. Closeout Documentation - Specific attention to be paid to closeout documents, including,
but not limited to the following: Unconditional Lien Waivers from subcontractors,
suppliers and vendors; list of contractor and subcontractor with addresses, telephone
numbers, and contact person; Final Lien Waiver from General Contractor, all warranties
and/or guarantees, equipment manuals and maintenance schedules for all related
equipment; Certificate of Substantial Completion; copies of all permit inspections by City
Departments (Building /Safety, Mechanical, Electrical, Plumbing, Life /Safety),
Occupancy Permit, Final completion and Notification of Acceptance.
5. Final Payment - Make recommendation to City regarding Contractor's final progress
payment request. Prepare final progress payment report for submission to City.
6. Final Report - Provide City with a project final report that includes the following: a) a
financial summary of the construction contracts, change orders, project management
services and direct purchase items; b) a summary of project change orders; c) a
construction summary and schedule review; and d) a summary of final acceptance.
ADDITIONAL SERVICES
Testify as necessary in connection with any public hearing, arbitration, or legal proceeding with
regard to the project.
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Exhibit "B"
SCHEDULE OF SERVICES
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The Schedule of Services provided under this Agreement is dependent upon the overall schedule
for construction of the new Fire station. The Schedule will be divided into several phases,
including the following:
• Construction — Actual construction work provided under a contract with a general,
prime contractor.
Post Construction — These activities will encompass final inspections and punchlist,
coordination of all closeout activities including collection of all maintenance and
operation manuals, preparing recommendations on final payments, and preparing final
project report.
Services proposed estimate a construction duration of seventeen (17) months, excluding
punchlist and closeout. Construction budget assumed to be approximately $5.3 million.
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Exhibit "C"
COMPENSATION
Phase Not -To- Exceed
Construction $90,000
Post Construction $ 6,000
TOTAL
$96,000
Construction phase costs assume a part time construction coordinator at 20 hours per week for a
period of 17 months. Costs for all work will be billed on an hourly basis pursuant to the hourly
rate established below. Consultant shall not exceed the amount established above within each
phase without the express written consent of the City.
Reimburseables
Reimburseables may include telephone and fax expenditures, mileage only to the degree
Consultant is requested by the City to travel distances to meetings outside the City, photos,
copies, mailing and office supplies specific to this project.
Hourly Rate
An hourly fee has been established at the rate of seventy -five dollars ($75) per hour.
Note: The City shall provide clerical support to the construction coordinator. Their duties shall
include but are not limited to copying, meeting coordination, filing, etc.
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