Res 2024-128 approving an agreement with Plummer Associates, Inc., to provide on-call professional services for the Sunset Acres Subdivision drainage and associated improvements in the estimated amount of $3,000,000.00

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Docusign Envelope ID:21C696F2-FD37-4E21-94A2-C2BE6A22794A 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 Firm'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 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 errors and omissions 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 "5", 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 fuunish 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 Rohit Vij, 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: Rohit Vij,M.SC.,P.E.,PMP Capital Improvements/Engineering 630 East Hopkins Street San Marcos, Texas 78666 Rev 01.11.2023 Page 2 of 14