Res 2024-190 approving an On-Call Professional Services Agreement with Lockwood, Andrews and Newnam, Inc., (LAN) to provide engineering services for the Purgatory Creek Improvements, Phase 1 Project in an amount not to exceed $3,281,773.35

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Docusign Envelope ID:7208C774-7FB3-420E-A93E-5DE887787BB7 Professional Liability: Not less than $1,000,000 per occurrence and aggregate to be maintained for the duration of the agreement and three years following its termination. This insurance requirement applies when a supplier has a professional designation or license and/or is providing professional services. The minimum limit for architects and engineers is$2,000,000 per occurrence and in the aggregate and may be increased depending upon the nature of the services to be provided to the City. Upon request,the Firm shall furnish proof of required insurance as set forth in the contract to Owner for review. If additional insurance or changes to this article are required,they shall be explicitly laid out in Exhibit 1. ARTICLE 13 INDEMNITY PROFESSIONAL DOES HEREBY COVENANT AND CONTRACT TO WAIVE ANY AND ALL CLAIMS,RELEASE,INDEMNIFY,AND HOLD HARMLESS CITY,ITS CITY COUNCIL,OFFICERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ALL LIABILITY, CAUSES OF ACTION, CLAIMS, COSTS,DAMAGES,DEMANDS,EXPENSES,FINES,JUDGMENTS,LOSSES,PENALTIES OR SUITS,WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PERSONS OR PROPERTY, CAUSED BY OR RESULTING FROM THE NEGLIGENCE,INTENTIONAL TORT,INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBPROFESSIONAL OR SUPPLIER COMMITTED BY PROFESSIONAL, ITS AGENTS, OR CONSULTANTS UNDER CONTRACT, OR ANY OTHER ENTITY OVER WHICH PROFESSIONAL EXERCISES CONTROL,SUBJECT TO THE LIMITATIONS IN TEXAS LOCAL GOVERNMENT CODE§ 271.904 AND TEXAS CIVIL PRACTICE AND REMEDIES CODE, § 130.002 (b) AND PROFESSIONAL WILL, AT ITS OWN COST AND EXPENSE, DEFEND AND PROTECT CITY AGAINST ANY AND ALL SUCH CLAIMS AND DEMANDS. THE INDEMNIFICATION UNDER THIS SECTION SHALL INCLUDE REASONABLE ATTORNEYS'FEES AND COSTS,COURT COSTS,AND SETTLEMENT COSTS IN PROPORTION TO PROFESSIONAL'S LIABILITY. PROFESSIONAL'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. THIS SECTION (INDEMNIFICATION) SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. ARTICLE 14 COMPENSATION The Professional Firm's compensation for Professional Services shall be as follows: Service Fees: The maximum fee for Professional Services shall not exceed Three Million, Two Hundred Eighty-One Thousand, Seven Hundred Seventy-Three dollars and Thirty-Five cents ($3,281,773.35) as approved by the Owner set forth in Exhibit 2. Reimbursable Expenses: For Reimbursable Expenses approved by the Owner(ref.Article 8 and Exhibit 2), Professional Firm shall be compensated for the actual expense incurred by the Firm. Notwithstanding the foregoing,Owner's payment to the Firm for Reimbursable Expenses will not exceed a maximum of amount agreed upon in this Agreement and Exhibits without the prior written approval of the Owner. Additional Services: The Firm's Compensation for any approved Additional Services shall be as described in the Additional Services Proposal accepted by the Owner.