Res 2016-010/approving a professional services agreement with Kimley-Horn and Associates, Inc., for the provision of engineering services in connection with the Sessom Improvements from N. LBJ to Comanche Project in the not to exceed amount of $105,998.0

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Engineer will be without liability or legal exposure to the Engineer. B. The Engineer will retain all of its records and supporting documentation relating to this Agreement, and not delivered to the City, for a period of three years except in the event that the Engineer goes out of business during that period, it will turn over, to the City, all of its records relating to the Project for retention by the City. ARTICLE 5 TERMINATION OF AGREEMENT A. The City may terminate this Agreement for convenience and without cause upon at least thirty (30) calendar days prior written notice to the Engineer. B. Upon the Engineer's receipt of any such notice of termination under this Article 5, it will cease work as directed in writing by the City. The City will compensate the Engineer for all services performed up to the date of the notice of termination, which are deemed by the City to be in accordance with this Agreement. The City will pay this amount upon the Engineer's delivering to the City all information and materials developed or accumulated by the Engineer in performing the services described in this Agreement, whether completed or in progress. The expense of reproduction of these items will be borne by the City. C. If applicable to this Agreement, funds for the payment for work performed by the Engineer under this Agreement have been provided through the City's budget approved by City Council for the current fiscal year only. State statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. The City cannot guarantee the availability of funds, and enters into this Agreement only to the extent such funds are made available. The Engineer acknowledges and agrees that it will have no recourse against the City for its failure to appropriate funds for the purposes of this Agreement in any fiscal year other than the year in which this Agreement was executed. The fiscal year for the City extends from October 1 st of each calendar year to September 30th of the following calendar year. ARTICLE 6 WARRANTY AND INDEMNIFICATION A. In performing all services under this Agreement, the Engineer or persons under the supervision of the Engineer will use that degree of care and skill normally exercised for similar projects by professional Engineers who possess special expertise in the types of services. The Engineer will ensure that all persons performing services under this Agreement possess the appropriate licenses under local, State or Federal law governing their respective discipline. As an experienced and qualified design professional, the Engineer warrants that the information it provides reflects professional and industry standards, procedures, and performances. The Engineer warrants that the preparation of designs /drawings, the designation or selection of materials and equipment, the selection and supervision of personnel, and the performance of other services under this Agreement, are pursuant to the standard of performance for the profession.