Res 2024-111 approving an agreement with Garver, LLC, for services to update the San Marcos Regional Airport Master Plan in the estimated amount of $171,463.50

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Docusign Envelope ID:6235D262-566F-44E2-97FE-4F655390BCEC The Firm shall designate a representative primarily responsible for Finn'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 Finn's professional liability insurance before commencement or continuation of performance of the services under this 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 Finn'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"Master Plan'')as required.Owner will notify Firm of any design fault or defect in Services or Master Plan 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 Kirk Abbott, P.E., 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: Kirk Abbott,P.E. 630 East Hopkins Street San Marcos,Texas 78666 Ph.:512-393-8149 E-mail:kabbott@sanmarcostx.gov ARTICLE 4 OWNERSHIP AND USE OF DOCUMENTS The Master Plan 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 Master Plan 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 Master Plan and the ideas and designs contained in them for any purpose,with or without participation of the Professional Firm. ARTICLE 5 DISPUTE RESOLUTION If a dispute arises out of or relates to the Agreement or these Terms and Conditions, or a breach thereof,the parties agree to negotiate prior to prosecuting a suit for damages.However,this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seek injunctive relief.Either party may make a written request for a meeting within fourteen(14)calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a minimum, one (1) senior level individual with decision-making authority regarding the dispute.The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If,within thirty (30)calendar days after such meeting,the parties have not succeeded in negotiating a resolution of the Rev 11.14.2023 Page 2 of 11