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 proposals, bids, and/or actual project costs may, and probably will, vary from the estimates and opinions of probable costs provided by the Firm under this Agreement. Construction Means, Methods, and Safety. The Firm is not responsible for supervising, directing, controlling, or otherwise being in charge of the construction activities, means, or methods at the project site; or supervising,directing,controlling, or otherwise being in charge of the actual work of the construction contractor, its sub-contractors, or other materialmen or service providers not engaged by the Firm. ARTICLE 8 REIMBURSABLE EXPENSES Reimbursable Expenses are in addition to Compensation for the Firm's Services and include actual and reasonable expenses incurred by the Firm,that are (i) outside the services listed in Exhibit l; and (ii) solely and directly in connection with the performance of Professional Firm's Services. Such Reimbursable Expenses must be approved in writing by the Owner and may include the following: Expense of transportation(coach class air travel only)and living expenses in connection with out-of-state travel as directed and approved in advance by the Owner. Transportation and living expenses incurred within the State of Texas are not reimbursable unless expressly approved by the Owner in advance. Fees paid for securing approval of authorities having jurisdiction over the Project. Professional models and renderings if requested by the Owner. Reproductions,printing,binding, collating and handling of reports, and drawings and specifications or other project-related work product, other than that used solely in-house for the Firm. Shipping or mailing of all reports,drawings,specifications,and other items in connection with the Proj ect. Expense of any additional insurance coverage or limits, excluding professional liability and errors and omissions insurance, required under this Agreement or requested by the Owner that is in excess of that normally carried by the Firm. ARTICLE 9 ADDITIONAL SERVICES Additional Services are services not included in the Professional Finn's Services and not reasonably inferable from its Services. Additional Services shall be provided only if authorized or confirmed in writing by the Owner. Prior to commencing any Additional Service,Professional Firm shall prepare for acceptance by the Owner an Additional Services Proposal detailing the scope of the Additional Services and the proposed fee for those services. Professional Firm shall proceed to perform Additional Services only after written acceptance of the Additional Services Proposal by Owner. Upon acceptance by Owner, each Additional Services Proposal and the services performed by the Firm pursuant to such Additional Services Proposal shall become part of this Agreement and shall be subject to all the terms and conditions of this Agreement.