Res 2019-105/approving the award of a contract to Nelson/Nygaard Consulting Associates, Inc. for the development of a Five-Year Strategic Master Plan for Transit Services in the amount of $180,000

Home Browse Search

ocu lgn Envelope ICS: 39E62CE7-2B65-4AA8-B2C8-B792E95CF795 The Priofessimal Firni shall carry such professional liability and er+rars and omissions insurance, covering the services provided under this Agreement, with a minirY uni lirirxt of $1,000,000 each claim and $1,000,000 aggregate. The fees for such insurance will be. at the expense of the Professional Firm. The Professional Firm shall deliver a Certificate of Insurance indicating the expiration date, and existence, of the Professional Firm's professional liability insurance before commencement or continuation of performance of the services under this Agreement, ARTICLE CLE THE OWNER'S RE,LSPON II ILITIES The Owner shall provide the Professional Firm with a frill description of the requirements of the Project. The Owner shall furnish surveys, geotechnical reports or other special investigations of the Project site as requested by the Professional Firm and as reasonably necessary for the completion of Professional Firm's Services. The Owner shall ffirnish structural, mechanical, chemical and other laboratory tests as reasonably required. The Owner will review the Professional Firm's dra-wings, specifications and other; documents of ser -vice produced by Professional Firm in the performance of its obligations under this Agreement (collectively the "Design Documents") as regiuired. Owner will roti r Professional Firm of any design fault or defect in Professional Firm's Services or Design Documents ofwhich Owner becomes aware. The Owner shall furnish required information and ser -vices and shall render approvals and decisions as expeditiously as necessary for the orderly progress of Professional FirnTs Services. The Owner designates Pete Binion, Transit Manager, as its representatives authorized to act in the Owner's belialf with respect to the Project. The contact hiformation for Owner's representative is listed below: Pete Bftuon, Transit Manager,` 630 fast Hopkins Street Sari Marcos, Texas 78666 Ply.: 512-393-8451 Email: 1 b.i .ion( )s.ciniiicir ostx.goy ARTICLE 4 OWNERSHIP AND USE OF DOCUMENTS The Desigm Documents prepared by Professional Finn as instminents of service are and shall remain the property of the Professional Finn whether the Project for which they are created is executed or not. However, er#, the Owner shall be permitted to retain copies, including reproducible copies, of the Design Documents for information and reference in connection with the Owner's use and occupancy of the Project. In addition, Owner; shall have an irrevocable, paid -lip, Perpetual license and right, which shall survive the termination of this Agreement, to use the Design Documents aild the ideas and designs contained in them for any purpose, with or without participation of the Professional Firm. ,ARTICLE DISPUTE RESOLUTION If a dispute arises out of or relates to the Agreement or these Terms and Conditions, or a breach thereof, the parties agree to negotiate prior to prosecuting a suit for damages. However, this section does not prohibit the filing of a lawsuit to toll the running of a statute of limitations or to seep injunctive relief: Either pari may make a written request for a meeting within fourteen l calendar days after receipt of the request or such later period as agreed by the parties. Each party shall include, at a mininiur , one 1 seniors level individual with decision-niakrng authority regarding the dispute. The purpose of this and any subsequent meeting is to attempt in good faith to negotiate a resolution of the dispute. If, within thirty 3 calendar days after such meeting, the parties have not succeeded in negotiating a resolution of the dispute, they will procecd directly to mediation as described Below. Negotiation may be waived by a written agreement signed by bath parties, in which event the parties may proceed directly to mediation as described below. Rev. 01128/ 1 Page 2 of 16M Approved Revisions 06/2011