Res 2024-064 approving an On-Call Professional Services Agreement with Freese and Nichols, Inc., for engineering planning, design, permitting, bid, and construction phase services related to potential upgrades

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AGREEMENT BETWEEN THE CITY OF SAN MARCOS AND PROFESSIONAL FIRM CONTRACT NUMBER 224-042 This Agreement is made by and between the Owner,City of San Marcos, Texas("CITY"), and Freese and Nichols, Inc., Sail Marcos,Texas,("Professional Firm"),and is effective for all purposes as of the date of the last signature to this Agreement("Effective Date"). The Owner: The City of Sail Marcos,Texas and The Professional Firm("Firm"): Freese and Nichols,Inc.,San Marcos,Texas for The Project: 224-042 On-Call Wastewater Planning and Improvements Owner Standard Terms and Conditions:Parties have read and agree to be bound by the Standard Terms and Conditions, when not in conflict with the terms of this Agreement,found at sanniarcost Lx�. ov/S tan clard'fe rin sand Cond iti on s. Further; The Owner and the Professional Firm agree as follows: ARTICLE I 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 I and necessary for complete performance of Firm's obligations under this Agreement(collectively,"Services").To the extent of any conflict between the terms in Exhibit I and this Agreement, the terms of this Agreement shall prevail. . ARTICLE 2 PROFESSIONAL FIRM'S RESPONSIBILITIES Professional Firm agrees to perform services with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license and as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. The Firm shall at all times provide sufficient personnel to accomplish Services in a timely manner. The Firm shall manage its services,administer the Project and coordinate other professional services as necessary for the complete performance of its' obligations under this Agreement. Professional Firm agrees to perform 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. The Finn's Services shall be reasonably accurate and free from material errors or omissions. The Firm shall promptly correct any known or discovered error, omission, or other defect in the plans, drawings, specifications, or other services provided by the Firm without any additional cost or expense to Owner. The Firm shall designate a representative primarily responsible for Firm's Services under this Agreement. The designated representative shall act on behalf of Firm with respect to all phases of Professional Services and shall Rev 04.01.2022 Page 1 of 9