Res 2015-123/approving on-call agreements between the City and Raba Kistner Consultants, Inc., Terracon Consultants, Inc. and Fugro Constultants, Inc. for professional geotechnical services in the not-to-exceed amount of $200,000.00 per agreement

Home Browse Search

employees because of race, color, sex, religion, national origin, age, disability or ancestry. A breach of this covenant may be regarded as a default of the Engineer of this Agreement. (f) All references in this Agreement to any particular gender are for convenience only and will be construed and interpreted to be of the appropriate gender. The term "will" is mandatory in this Agreement. (g) Should any provision in this Agreement be found or deemed to be invalid, this Agreement will be construed as not containing the provision and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. Paragraph and Section headings included in this Agreement are for convenience only and are not intended to define or limit the scope of any provisions of this Agreement. (h) All services provided pursuant to this Agreement are for the exclusive use and benefit of the City and this Agreement will not give rise to any rights in third parties. (i) The City of San Marcos is governed by the Texas Public Information Act (the "Act "), Chapter 552 of the Texas Government Code, as amended. This Agreement and all written information generated under this Agreement may be subject to release under the Act. The Engineer will not make any reports, information, data, etc. generated under this Agreement available to any individual or organization without the written approval of the City. 0) In the event that the performance by either the City or the Engineer of any of its obligations under this Agreement is interrupted or delayed by events outside of their control such as acts of God, war, riot or civil commotion, then the party is excused from such performance for the period of time reasonably necessary to remedy the effects of such events. (k) The City and the Engineer, respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. The City and the Engineer may not assign, sublet or transfer any of their rights or delegate or subcontract any of their duties under or interest in this Agreement in whole or in part, without the written consent of the other. Any work or services subcontracted under this Agreement will be specified by separate written agreement and will be subject to each provision of this Agreement. The Engineer will notify the City, in writing, of any change in its partnership /ownership within 30 calendar days of such change. (1) The Engineer, will complete the work in accordance with the schedule negotiated with the City and the Engineer, has taken into consideration and made allowance for all hindrances and delays incident to such work, whether growing out of delays in securing material, workers, weather or otherwise. No charge will be made by the Engineer for any hindrance or delay from any cause whatever during the progress of any portion of its work contemplated by the specifications, but the City may grant an extension of time for the completion of the work, provided it has satisfied that such delays or hindrances were due to extraordinary causes or to the acts of omission or commission by the City. It is agreed that the granting of such extensions of time will in no instance exceed the time actually lost by Engineer for reason of such causes, provided that the Engineer will give the City immediate notice in writing of the cause of the detention or delay. Any such extension of time will be provided utilizing the City's Authorization of Change in Services form included as Attachment C. CITY HALL ® 630 EAST HOPKINS 0 SAN MARCOS, TEXAS 78666 ® 512.393.8150 ® FACSIMILE 855.759.2846 SANMARCOSTX.GOV 12