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 naw�a�rn�rca^C'r� ......... .... CONTRACT NUMBER 224-234 AGREEMENT BETWEEN THE CITY OF SAN MARCOS AND PROFESSIONAL ENGINEERNG FIRM This Agreement("Agreement")is entered into by and between the Owner, City of San Marcos, Texas ("CITY"), and Lockwood, Andrews &Newnam, Inc, San Marcos, TX, ("Professional Engineering Firm"), and is effective for all purposes as of the date of the last signature to this Agreement("Effective Date"). The Owner: The City of San Marcos,Texas and The Professional Firm ("Firm"): Lockwood,Andrews&Newnam,Inc.(LAN),San Marcos,Texas for The Project: Purgatory Creek Drainage Improvements,224-234 Owner Standard Terms and Conditions: Parties have read and agree to be bound by the Standard Terms and Conditions, when not in conflict with the terms of this Agreement, found at sanmarcostx.gov/StandardTermsandConditions. Further; The Owner and the Professional Firm agree as follows: ARTICLE 1 PROFESSIONAL FIRM'S SERVICES Professional Firm agrees to perform the services specifically described in Exhibit 1 and all other professional services reasonably inferable from Exhibit 1 and necessary for complete performance of Firm's obligations under this Agreement (collectively, "Services"). To the extent of any conflict between the terms in Exhibit 1 and this Agreement,the terms of this Agreement shall prevail. ARTICLE 2 PROFESSIONAL FIRM'S RESPONSIBILITIES Professional licensed engineer will perform services: (1) with the professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license.No other warranty of any kind, expressed or implied, at common law or created by statute, is extended,made, or intended by the rendition of the Professional Firm's services under this Agreement.; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect.