Res 2018-008/approving an agreement between the City and K. Friese & Associates, inc. for the provision of Community Development Block Grant-Disaster Recover (CDBG-DR) Professional Engineering Services for Midtown Drainage Improvements, the City’s fourth

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REV 929.17 Professional Firm's Services shall be reasonably accurate and free from material errors or omissions. Professional Finn 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 Firm'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 Finn's Services. The Owner shall furnish structural, mechanical, chemical and other laboratory tests as reasonably required. The Owner will review the Professional Finn'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 Greg Schwarz, 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: Name: Greg Schwarz,PE Title: Senior Engineer 630 East Hopkins San Marcos,Texas 78666 Ph. 512-393-8140 E-mail: gschwarz@sanmarcostx.gov Page 2 of 20