Res 2018-211/Award a contract for Fire Department Training Facility Master Plan

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DocuSign Envelope ID: 6D4EA194-5654-41B5-B3E1-56054B3122E4 AGREEMENT BETWEEN THE CITY OF SAN MARCOS AND PROFESSIONAL FIRM This Agreement is made as of November 7, 2018 (the "Effective Date"), by and between: The Owner: The City of San Marcos, Texas and The Professional Firm: Abercrombie Planning & Design for The Project: 218-330 Fire Department Training Facility Master Plan Owner Standard Terms and Conditions: Parties have read and agree to be bound by the General Terms and Conditions found at www.sani-narcostX.roy/termsandcon(litions �v/termsandconclitions when not in conflict with the terms of this Agreement. Further; The Owner and the Professional Finn agree as follows: ARTICLE 1 PROFESSIONAL FIRM'S SERVICES Professional Firm agrees to perform the services specifically described in Exhibit 1 and all other professional services reasonably inferable from Exhibit 1 and necessary for complete performance of Professional Firm's obligations under this Agreement (collectively, "Professional Firm's Services"). To the extent of any conflict between the terms in Exhibit 1 and this Agreement, the terms of this Agreement shall prevail. ARTICLE 2 PROFESSIONAL FIRM'S RESPONSIBILITIES Professional Firm agrees to use Professional Firm's best efforts, skill, judgment, and abilities so as to perform Professional Finn's Services in an expeditious and timely manner consistent with professional standards of care and the orderly progress of the Project. Professional Firm shall at all times provide sufficient personnel to accomplish Professional Firm's Services in a timely manner. Professional Firm shall manage its services, administer the Project and coordinate other professional services as necessary for the complete performance of Professional Finn's obligations under this Agreement. 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 Finn'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 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. Rev. 08/21/18 Page 1 of 10