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

Do uSign Envelope ID: 39E62CE7-2B65-4AA8-B2CB-B792E95CF795 fccs and costs, of any nature whatsoever, shall not exceed the Professional Firm's total fee under the Agreement. It i intended that this limitation of liability shall apply to any and all liability or cause of action, whether in contract, warranty, tort, or otherwise, ho evor alleged or arising. Force Majeure. Professional Firm shall have no liability for any delay caused by an evert of force majeure, the Grier or any of itsconsultant's or contractor's, or circumstances outside of its reasonable cont ral. Termination for Convenience. TheOwner's City Manager or the City Manager's designee may terminate the Agreement at any tirne upon thirty calendar- clays' notice in vn-iting to Professional Firm. Upon receipt of such notice, Professional 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 terrlrination, Professional Firm shall submit a statement to the appropriate departnient(s) slowing in detail the services pet -formed or items delivered under the Agreement to date of termination, The Owner agrees to compensate the Professional Fir#rrr 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 clay after the notice is deposited in. the U.S. Mail. Notices shall be sent to the following addresses: If to Owner: The City of Sari Marcos 630 East Hopkins Street Sari Marcos, Texas 78666 Attn: City Purchasing Manager's Office cIsll) With Copies to: The City of Sari Marcos 630 East Hopkins Street San Marcos, Texas 78666 Attn: City Attorney's Office Legal 1nfbL6sanniai'costx.go If to Professional Firm Nelson\Nygaard Consulting Associates, Inc. ltivat(Oi tic Isonnyaa €r x, C0111 I-. 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 4 to do so. The Authorization of Change in Services Forin rust be agreed to and signed by both Parties before any change to this Agreement is effective. ARTICLE REIMBURSABLE EXPENSES Reimbursable Expenses are in addition to Compensation for Professional Firm's Services and include actual and reasonable expenses incurred by the Professional Firm, that are i outside the services listed in ExIdbit 1; and rr solely and directly in connection with the performance of Professional Firms 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 ^state travel as directed and approved in advance by the Owner. Transportation and living expenses lrrcur•red 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. Rev. 01/28/19 Page 5 of 16 COSM At)prov d Revisions 06/20/19