Res 2019-058/approving an Agreement with LNV, Inc. for the provision of Professional Engineering Services for the Linda Drive Improvements Project in the estimated amount of $875,688

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DocuSlgn Envelope ID: t 1-9853?G-14E9-4p5C-AAD1-89OlA5D5D016 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 ornissions 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 Film 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 Finn with a fell 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 Finn and as reasonably necessary for the completion of Professional Firm's Services. The Owner shall furnish structurals mechanical, chern ical and other laboratory tests as reasonably required. The Owner will review the Professional Fine's drawings, specifications and other documents of service produced by Professional Finn in the performance of its obligations under this Agreement (collectively the "'Design Documents") as required. Owner- Mill notify Professional Firm of any design fault or defect in Professional Firm's Senlices 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 Finn's Services, The Owner designates Kirk Abbott, 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: Kirk Abbott., PE Project. Engineer 630 East Hopkins Street San Marcos, Texas 78666 Ph.: 5l? --393-8149 E-mail; kabbott@satimarcosmgov ARTICLE 4 OWNERSHIP AND USE OF DOCUMENTS The Design Documents prepared by Professional Finn as instruments of service are and shall remain the property of the Professional Firm whether the Project for which they are created is executed or not. however, the Owner shall be permitted to retain copies, including reproducible copies, of the Design Documents for information and reference in connection. with the Owner's use and occupancy of the Project. In addition, Owner shall have an irrevocable. paid-up, perpetual license and right, which shall survive the termination of this Agreement, to use the Design Documents and the ideas and designs contained in there for any purposes with or without participation of the Professional Firm. ARTICLE DISPUTE RESOLUIFION If a dispute arises out of or relates to the Agreement or these Terms and Conditions, or a breach thereof, the parties agree to negotiate prior- to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief, Either pare may make a written request for a meeting within fourteen ( 1 4) calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1 ) senior level individual with decision-making authority regarding the Rev. 01/28/19