Res 2017-173/approving a master agreement between the City and Kimley-Horn and Associates, Inc. for the provision of professional engineering services in the estimated amount of $416,949.00

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REV 9.21.17 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. Worker's Compensation Employer's Liability Comprehensive General Liability Comprehensive Auto Liability Bodily Injury Property Damage Professional Liability Statutory Limits $1,000,000 each occurrence $1,000,000 aggregate $1,000,000 each occurrence $1,000,000 aggregate $1,000,000 each person $1,000,000 each occurrence $1,000,000 each occurrence $1,000,000 Professional Firm shall include the Owner as an additional insured on the General Liability policy, and the Worker's Compensation policy shall include a waiver of subrogation in favor of the Owner. Required insurance shall not be cancelable without thirty (3 0) days' prior written notice to Owner. Upon request Professional Firm shall furnish complete sets of its insurance policies to Owner for review. ARTICLE 13 INDEMNITY Professional Firm shall hold Owner, The City of San Marcos, and its City Council, officers, agents and employees harmless and free from any loss, damage or expense arising out of any occurrence relating to this Agreement or its performance and shall indemnify Owner, and its City Council, officers, agents and employees, customers, agents, successors and assigns against any damage or claim of any type arising from the negligent or intentional acts or omission of Professional Firm, its employees, agents and/or assigns, subject to the limitations in Texas Local Government Code Section 271.904. ARTICLE 14 PROFESSIONAL FIRM'S COMPENSATION The Professional Firm's compensation for Professional Firm's Services shall be as follows: Service Fees: The maximum fee for Professional Firm's Services shall not exceed $416,949.00. Reimbursable Expenses: For Reimbursable Expenses approved by the Owner (ref. Section 9), Professional Firm shall be compensated for the actual expense incurred by Professional Firm. Notwithstanding the foregoing, Owner's payment to Professional Firm for Reimbursable Expenses will not exceed a maximum of $1 500.,00without the prior written approval of the Owner. Fee Cap: Notwithstanding anything to the contrary, the aggregate amount of the Professional Firm's Service fees, including Reimbursable Expenses, will not exceed $416,949,.001 without the prior written approval of the Owner. Additional Services: The Professional Firm's Compensation for any approved Additional Services shall be as described in the Additional Services Proposal accepted by the Owner. Page 8of11