Res 2026-070 Approving a contract with H.W. Lochner, Inc.

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Docusign Envelope ID: D7DF5AE1-3343-8771-83F4-5155BFB7D229 Mutual Waiver of Consequential Damages. In no event shall either parry be liable, whether in contract or tort or otherwise, to the other party for loss of profits, delay damages, or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever. Texas Tax Code 171.1011(g)(3). Notwithstanding anything in this agreement and for the purpose of complying with Texas Tax Code 171.1011(g)(3), the City agrees to the following: (1) Prior to commencing performance under this Agreement, Firm will provide the City with a list of proposed subconsultants, subcontractors, or agents to be used in Professional Finn's services under this Agreement. The City shall have the right to accept or reject the use of any subconsultant, subcontractor, or agent on the Professional Finn's list. Such acceptance or rejection shall be given within a commercially reasonable time from the date the Professional Firm delivers it, and; (2) Any payment made by the Owner to the Firm that includes fees payable to a subconsultant, subcontractor or agent of Professional Firm under this Agreement shall constitute an acceptance by the Owner of Firm's use of any such subconsultant, subcontractor or agent of the Firm under this Agreement. Force Majeure. Professional Firm shall have no liability for any delay caused by an event of force maj eure, the Owner or any of its consultant's or contractors, or circumstances outside of its reasonable control. Termination for Convenience. The Owner's City Manager or the City Manager's designee may terminate the Agreement at any time upon thirty (30) calendar days' notice in writing to the Firm. Upon receipt of such notice, the 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 termination,Professional Firm shall submit a statement to the appropriate department(s) showing in detail the services performed or items delivered under the Agreement to date of termination. The Owner agrees to compensate the Firm 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 day after the notice is deposited in the U.S. Mail.Notices shall be sent to the following addresses: If to Owner: The City of San Marcos 630 East Hopkins Street San Marcos, Texas 78666 Attn: City Purchasing Manager's Office cosmpurchasin gLa)sanmarcostx.gov With Copies to: The City of San Marcos 630 East Hopkins Street San Marcos, Texas 78666 Attn: City Attorney's Office LegalInfo ,sanmarcostx.gov If to Professional Firm H.W. Lochner, Inc., Austin, Texas 1120 S. Capital of Texas Highway City View 2, Suite 100 Austin, Texas 78746 Attn: Shwetha Pandurangi,PE, CFM spandurangi&hwlochner.com Rev 12.12.2024