Res 2024-011 approving an agreement with Pape Dawson Engineers to provide professional services related to the Shady Valley Gravel Utility Improvement Project in the amount of $169,935.00

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DocuSign Envelope ID:CE5FC79A-2819-445F-B9EC-5BF4EOA07FD6 Owner shall have the right to withhold from payments due the 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 the Firm to perform its obligations under this Agreement. ARTICLE 11 PROFESSIONAL FIRM'S ACCOUNTING RECORDS Records of the 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. The 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 teen of the Agreement. On the Certificate of Insurance, name the City of San Marcos, c/o Purchasing & Contracting Division, 630 East Hopkins Street, San Marcos, Texas 78666 as an additional insured.Required insurance shall not be cancelable without thirty(30)days' prior written notice to Owner. Business automobile liability insurance with minimum limits of liability for bodily injury and property damage combined of not less than $1,000,000 per occurrence. Contractor will maintain a standard ISO version of Business automobile liability insurance or its equivalent providing coverage for all owned, non-owned and hired automobiles. Owner will be included as an additional insured party. Commercial General Liability Insurance: Including Bodily Injury and Property Damage Liability, Independent Contractors Liability, Contractual Liability, Product Liability and Completed Operations Liability in an amount not less than $1,000,000 combined single limit, per occurrence, and $2,000,000 aggregate. City will be included as an additional insured party. Umbrella Form Excess Liability with minimum limits of$1,000,000. Umbrella coverage must follow form with the primary coverage. Workers' compensation insurance in accordance with and as required by the Workers' Compensation Act of the State of Texas in amounts sufficient to satisfy statutory requirements or $500,000.00/$500,000.00 for Employer's Liability. Worker's Compensation policy shall include a waiver of subrogation in favor of the Owner. Certificate of coverage or certificate means a copy of a certificate of insurance, a certificate of authority to self-insure issued by the Commission, or a coverage agreement(TWCC-81, TWCC-82,TWCC-83,or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on the Project,for the duration of the Project. Professional Liability: Not less than $1,000,000 per occurrence and aggregate to be maintained for the duration of the agreement and three years following its termination. This insurance requirement applies when a supplier has a professional designation or license and/or is providing professional services. The minimum limit for architects and engineers is $2,000,000 per occurrence and in the aggregate and may be increased depending upon the nature of the services to be provided to the City. Upon request,the Firm 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. Rev 01.11.2023 Page 8 of 14