Res 2017-012/approving an agreement with AECOM Technical Services, Inc. for the provision of a Professional Community Development Block Grant – Disaster Recovery (CDBG-DR) Infrastructure Feasibility Study in the not-to-exceed amount of $490,770.00

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ARTICLE 12 EXTENT OF AGREEMENT 12.1 This Agreement, including appendices and referenced attachments represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior proposals, negotiations, representations or agreements either written or oral between the parties. In the event of a dispute between the City and Consultant regarding the intent of this Agreement, both parties agree that they will construe this Agreement in a manner consistent with the City's Request for Proposals, the Consultant's proposal response and the public record of the City Council's approval of this agreement as applicable. The Consultant's expenses for travel, office, production and other expenses associated directly or indirectly with this Agreement are included as part of the total fee. This Agreement may be amended only by written instrument, which must be signed by both the City and the Consultant. The San Marcos City Council must approve any such authorization of change in services or amendment if the compensation for which exceeds $50,000.00. 12.2 Any exhibits and/or attachments attached to this Agreement are incorporated by reference into this Agreement as though included verbatim herein. 12.3 In the event of any conflict between this Agreement and the provisions of any exhibit or attachment to this Agreement, this Agreement will govern and control. ARTICLE 13 NOTICES 13.1 Notices required under this Agreement will be provided by the parties to one another by certified mail, return receipt requested, or by confirmed facsimile transmission, to the following addresses: To the City: To the Consultant: Jared Miller, City Manager Shelby G. Eckols, P.E., Sr. Vice President City of San Marcos AECOM Technical Services, Inc. 630 E. Hopkins 9400 Amberglen Boulevard, San Marcos, Texas 78666 Austin, Texas 78729 ARTICLE 14 BASIS OF COMPENSATION 14.1 The City will compensate the Consultant, in accordance with Article 4, Payments to the Consultant, Attachment B (Estmated Fee Schedule) and the other terms and conditions of this Agreement, as follows: 14.2 The total of all fees and expenses (at direct cost) to be paid to the Consultant for Basic Services as described in Sections 1.1 through 1.5 is a not to exceed fee of $490,777.00. AECOM Agreement for Disaster Recovery Support Services 1/17/2017 20