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 approved services and expenses. For purposes of Texas Government Code § 2251.021(a)(2), the date performance of services is completed is the date when the Owner's representative approves the Application for Payment. Owner shall have the right to withhold from payments due Professional Firm such sums as are necessary to protect Owner against any loss or damage which may result from negligence by Professional Firm or failure of Professional Firm to perform its obligations under this Agreement. ARTICLE 11 PROFESSIONAL FIRM'S ACCOUNTING RECORDS Records of Professional Firm costs, reimbursable expenses pertaining to the Project and payments shall be available to Owner or its authorized representative during business hours and shall be retained for three (3) years after final Payment or abandonment of the Project, unless Owner otherwise instructs Professional Firm in writing. Professional Firm's records shall be kept on the basis of generally accepted accounting principles. ARTICLE 12 INSURANCE For services performed on Owner's premises, Professional Firm shall furnish to Owner Certificates of Insurance as set forth below prior to the commencement of any work hereunder and shall maintain such coverage during the full term of the Agreement. Worker's Compensation Employer's Liability Comprehensive General Liability Comprehensive Auto Liability Bodily Injury Property Damage Professional Liability Statutory Limits $1,000,000 each occurrence $1,000,000 aggregate $1,000,000 each occurrence $1,000,000 aggregate $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence $1,000,000 Professional Finn shall include the Owner as an additional insured on the General Liability policy, and the Worker's Compensation policy shall include a waiver of subrogation in favor of the Owner. Required insurance shall not be cancelable without thirty (30) days' prior written notice to Owner. Upon request Professional Finn shall furnish complete sets of its insurance policies to Owner for review. If additional insurance or changes to this article are required, they shall be explicitly laid out in Exhibit 1. ARTICLE 13 INDEMNITY Professional Firm shall hold Owner, The City of San Marcos, and its City Council, officers, agents and employees hamlless and free from any loss, damage or expense arising out of any occurrence relating to this Agreement or its performance and shall indemnify Owner, and its City Council, officers, agents and employees, customers, agents, successors and assigns against any damage or claim of any type arising to the extent caused by the negligent or intentional acts or omission of Professional Finn, its employees, agents and/or assigns. Rev. 08/21/18 Page 7 of 10