Res 2024-012 approving an agreement with Halff Associates, Inc. to provide on-call professional services related to Stormwater Master Plan update/development review and modeling assistance in the estimated amount of $950,000.00

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DocuSign Envelope ID:Al FOD76C-8E37-4295-AO8C-9A99498B56F7 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 Firm shall carry such professional liability and 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 Firm shall deliver a Certificate of Insurance indicating the expiration date, and existence,of the Firm's professional liability insurance before commencement or continuation of performance of the services under this Agreement. On-Call Professional Services. The Professional Firm will perform assigned services as described in Exhibit 'W', On-Call Agreement Fund Allocation Request Form. The Fund Allocation Request Form serves to "assign" specific project related scopes of services and establishes the price for such services within the overall Master 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 Firm's Services. The Owner shall furnish structural,mechanical,chemical and other laboratory tests as reasonably required. The Owner will review the drawings, specifications and other documents of service produced by Professional Firm in the performance of its obligations under this Agreement (collectively the "Design Documents") as required. Owner will notify Firm of any design fault or defect in 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 Services. The Owner designates Gregory J. Schwarz,PE, LEED AP, 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: Gregory J.Schwarz,PE,LEED AP 630 East Hopkins Street San Marcos,Texas 78666 Ph.: 512-393-8140 E-mail: QSchwarz(c&,sanmarcostx.gov Fund Allocation Request Form. As required,the Owner will issue specific project related scopes of services assignments utilizing the Fund Allocation Request Form,Exhibit"4." The issuance of assigned services via the Fund Allocation Request Form shall be binding and in compliance with the terms of this Agreement. ARTICLE 4 OWNERSHIP AND USE OF DOCUMENTS The Design Documents prepared by Professional Firm as instruments of service are and shall remain the property of the 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 them for any purpose,with or without participation of the Professional Firm. Rev 04.01.2022 Page 2 of 9