Res 2017-176/approving an agreement between the City and AECOM Technical Services, Inc., for the provision of professional services in connection with the Clarewood Drainage Area Improvements Project in an amount not to exceed $344,520.00

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REV 9.29.19 Professional Firm agrees to perform Professional Firm's Services in compliance with all applicable national, federal, state, municipal, and State of Texas laws, regulations, codes, ordinances, orders and with those of any other body having jurisdiction over the Project. Professional Firm's Services shall be reasonably accurate and free from material errors or omissions. Professional Firm shall promptly correct any known or discovered error, omission, or other defect in the plans, drawings, specifications, or other services provided by Professional Firm without any additional cost or expense to Owner. Professional Firm shall designate a representative primarily responsible for Professional Finn's Services under this Agreement. The designated representative shall act on behalf of Professional Firm with respect to all phases of Professional Firm's Services and shall be available as required for the benefit of the Project and Owner. The designated representative shall not be changed without prior approval of the Owner, which approval shall not be unreasonably withheld. The Professional Firm shall carry such professional liability and errors and omissions insurance, covering the services provided under this Agreement, with a minimum limit of $1,000,000 each claim and $1,000,000 aggregate. The fees for such insurance will be at the expense of the Professional Firm. The Professional Firm shall deliver a Certificate of Insurance indicating the expiration date, and existence, of the Professional Firm's professional liability insurance before commencement or continuation of performance of the services under this Agreement. ARTICLE 3 THE OWNER'S RESPONSIBILITIES The Owner shall provide the Professional Firm with a full description of the requirements of the Project The Owner shall furnish surveys, geotechnical reports or other special investigations of the Project site as requested by the Professional Firm and as reasonably necessary for the completion of Professional Firms Services. The Owner shall furnish structural, mechanical, chemical and other laboratory tests as reasonably required. Unless otherwise provided for in the scope of work, Professional Firm shall be entitled to rely on the accuracy and completeness of information developed by the Owner, or by third parties on behalf of the Owner, without independent review or evaluation. In the event that Professional Firm believes it has discovered an error in the information described in this Article, Professional Firm shall bring this error to the attention of the Owner as soon as professionally reasonable. The Owner will review the Professional Firm's drawings, specifications and other documents of service produced by Professional Firm's in the performance of its obligations under this Agreement (collectively the "Design Documents") as required. Owner will notify Professional Firm of any design fault or defect in Professional Firm's Services or Design Documents of which Owner becomes aware. The Owner shall furnish required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of Professional Firm's Services. The Owner designates Shaun Condor, PE, as its representatives authorized to act in the Owner's behalf with respect to the Project. The contact information for Owner's representative is listed below: Page 2 of 19