Res 2024-164 approving a list of Qualified On-Call Subsurface Utility Exploration firms to provide services to the City on an as-needed basis for a period of five years, in an amount not to exceed $250,000 per firm over five years

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Docusign Envelope ID: B94A7A7D-AOC2-4E5C-867B-62FAAB4A6E80 ARTICLE 9 ADDITIONAL SERVICES Additional Services are services not included in the Professional Firm's Services and not reasonably inferable from its Services. Additional Services shall be provided only if authorized or confirmed in writing by the Owner. Prior to commencing any Additional Service,Professional Firm shall prepare for acceptance by the Owner an Additional Services Proposal detailing the scope of the Additional Services and the proposed fee for those services. Professional Firm shall proceed to perform Additional Services only after written acceptance of the Additional Services Proposal by Owner. Upon acceptance by Owner, each Additional Services Proposal and the services performed by the Firm pursuant to such Additional Services Proposal shall become part of this Agreement and shall be subject to all the terms and conditions of this Agreement. ARTICLE 10 PAYMENTS TO PROFESSIONAL FIRM The Firm shall present monthly Payment Requisitions to the Owner detailing the Firm's Services and approved Additional Services performed and the approved Reimbursable Expenses incurred for the Project in the previous month. With each application for payment,Firm shall submit payroll information,receipts, invoices and any other evidence of payment which Owner or its designated representatives shall deem necessary to support the amount requested. Owner shall promptly review the Payment Requisition and notify Professional Firm whether the Payment Request is approved or disapproved, in whole or in part. Owner shall promptly pay Professional Firm for all approved services and expenses. For purposes of Texas Government Code§2251.021(a)(2),the date performance of services is completed is the date when the Owner's representative approves the Payment Requisition. 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 term 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. Rev 12.12.2024 Page 8 of 14