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HomeMy WebLinkAboutC-2206110c)- 4 0 C- (0 ` 1 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. C -1 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. Revised 8,04 LM • M 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. Revised 8104 LM 2 0 r 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. Revised U4 LM 3.2.10 Insurance. (Intentionally Omitted) 3 • • 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 Revised 8/04 LM 4 0 0 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. Revised 8/04 LM 0 0 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. Revised 8/04 LM rl 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 Revised VO4 LM 7 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. Revised 8/04 LM E CITY OF ARCADIA .0 0 William R. Kelly City Manager Dated: 0& 2006 ATT�$ City Clerk APPROVED AS TO FORM: Stephen P. Deitsch City Attorney Revised 8/04 LM E PHILIP SEXTON By: Philip Sexton Consultant 9 CONCUR: Donald Penman Date Assistant City Manager /Development Services Director 0 0 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. A -1 0 0 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. A -2 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. A -3 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. ME 0 Exhibit "B" SCHEDULE OF SERVICES 0 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. RVPUB \NGS \557188 B -1 0 0 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. C -1