Res 2025-221 approving a contract with Halff Associates, Inc. to provide On-Call General Engineering Services for various projects in the amount of $900,000.00

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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 FIRMS 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 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. 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. City named as an additional insured. 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 named as an additional insured. Umbrella Form Excess Liability with minimum limits of $1,000,000. Umbrella coverage must follow form with the primary coverage. (City named as an additional insured.) This coverage typically sits above the underlying General Liability, Automobile Liability and Professional Liability policies. Workers' Compensation Act of the State of Texas in amounts sufficient to satisfy statutory requirements or 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- employees providing services on the Project, for the duration of the Project. Professional Liability: Not less than $2,000,000 per claim-based policy to be maintained for the duration of the agreement and two-year extended reporting period. This insurance requirement applies when a supplier has a professional designation or license and/or is providing professional services. Rev 12.12.2024 Page 8 of 44