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 list of proposed subconsultants, subcontractors, or agents to be used in Professional Firm's services under this Agreement. The City shall have the right to accept or reject the use of any subconsultant, subcontractor, or agent on the Professional Firm's list. Such acceptance or rejection shall be given within a commercially reasonable time from the date the Professional Firm delivers it, and; (2) Any payment made by the Owner to the Firm that includes fees payable to a subconsultant, subcontractor or agent of Professional Firm under this Agreement shall constitute an acceptance by the Owner of Firm's use of any such subconsultant, subcontractor or agent of the Firm under this Agreement. Force Majeure. Professional Firm shall have no liability for any delay caused by an event of force majeure,the Owner or any of its consultant's or contractors, or circumstances outside of its reasonable control. Termination for Convenience. The Owner's City Manager or the City Manager's designee may terminate the Agreement at anytime upon thirty(30)calendar days'notice in writing to the Firm. Upon receipt of such notice, the Firm shall,unless the notice directs otherwise,discontinue all services in connection with the performance of the Agreement. As soon as practicable after the receipt of notice of termination, Professional Firm shall submit a statement to the appropriate department(s) showing in detail the services performed or items delivered under the Agreement to date of termination. The Owner agrees to compensate the Firm for that portion of the prescribed charges for which the services were actually performed or items delivered under the Agreement and not previously paid. Notices. All notices referenced in this Agreement shall be provided in writing. Notices shall be deemed effective when delivered by hand delivery or on the third business day after the notice is deposited in the U.S.Mail. Notices shall be sent to the following addresses: If to Owner: The City of San Marcos 630 East Hopkins Street San Marcos,Texas 78666 Attn: City Purchasing Manager's Office cosmpurchasingkrc,sanmarcostx.gov With Copies to: The City of San Marcos 630 East Hopkins Street San Marcos, Texas 78666 Attn: City Attorney's Office Le a_a_ l�Infoksanmarcostx. og_v Ifto Professional Firm Lockwood,Andrews&Newnam,Inc. 8911 N. Capital of Texas Hwy,Building 2,Suite 2300 Austin, Texas 78759 Attn: Laura Casset lmcasset(a lan-inc.com The parties may designate alternative persons or addresses for receipt of notices by written notice. Changes in Service. If a Party requires a change or amendment to this Agreement or its Exhibits, the Parties agree to use the Authorization of Change in Services Form in Exhibit 3 to do so. The Authorization of Change in Services Form must be agreed to and signed by both Parties before any change to this Agreement is effective. Opinions of Probable Costs. Any and all estimates provided by Firm are opinions of probable costs based on information that is reasonably available to the Firm. Owner acknowledges and agrees that the Firm has no control over the cost of labor, materials, equipment or services, or the means and methods used by others in determining prices,competitive bidding,or market conditions. Owner further acknowledges and understands that