13 - Agreement with Jason Hart Engineering - Grand Theater

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other documentation submitted. Such payments shall be subject to the Texas Prompt Payment Act, Texas Government Code §§ 2251.001, et seq. Nothing contained in this Contract shall require CITY to pay for any services that are not in conformance with the Standard of Care or invoices which are not submitted in compliance with the material terms of this Contract, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which CITY may have if CONSULTANT is in default, including the right to bring legal action for damages or for specific performance of this Contract. Waiver of any default under this Contract shall not be deemed a waiver of any subsequent default. IV. Revisions of the SSIUS of Services CITY reserves the right to revise or expand the scope of services after due approval by CITY and agreement by CONSULTANT as CITY may deem necessary, but in such event CITY shall pay CONSULTANT equitable compensation as agreed by CITY and CONSULTANT for such services. In any event, when CONSULTANT is directed to revise or expand the scope of services under this Section of the Contract, CONSULTANT shall provide CITY a written proposal for the entire cost involved in performing such additional services. Prior to CONSULTANT undertaking any revised or expanded services as directed by CITY under this Contract, CITY must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. It is expressly understood and agreed by CONSULTANT that any compensation not specified in Paragraph III hereinabove may require approval by the City Council and is subject to the current budget year limitations. Further, CONSULTANT has no obligation to perform any services not set forth in Attachment A without the advance, written approval of CITY. V. Term and Time of Performance This Contract shall begin on the date first written above, and shall terminate when CITY has approved the Project as being final or otherwise terminates this Contract as provided herein. The CONSULTANT shall commence services upon execution of this Contract. Unless terminated, or unless the Scope of Services and Time of Performance are changed in accordance with Article XV, Changes, the CONSULTANT shall complete the Scope of Services provided under Article I1 by July 10, 2024. Notwithstanding anything herein to the contrary, CITY acknowledges and agrees that any schedule for the provision of CONSULTANT's services may be modified or adjusted by written agreement between the parties due to review by third -party consultants, review and approval of submissions by authorities having jurisdiction over the project, changes in the scope of the project, Structural Engineering Services Contract Jason Hart Engineering, PLLC Page 3 of 24