2010-130 RES AGREEMENTS FOR PROFESSIONAL SERVICES WITH HAYTER ENGINEERING REGARDING PREPARATION OF EMERGENCY ACTION PLANS FOR LAKE CROOK AND LAKE GIBBONS

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(e) "Reimbursable expenses" include, but are not Iimited #o, long distance telephone, postage, equipment, expendables, mileage, subcontractors or special consultants, freight, testing fees, copies, and blaeprints. Where special consultants or subcontractors are used as additional services, the ENGINEER' S reimbursement shali include a service charge equal to 5% of the subcontzactor's invoice amount. 4. Services to be Performed bv CITY: CITY shaJ l: (i) provide ENGINEER with any pzevious studies, reports, data, budget constraints, special OWNER requirements, or other pertinent information known to CITY; (ii) ensure access for the ENGINEER to properties necessary for performance af the ENGINEER' S work; (ui) provide legal, accounting, or insurance consultants, fznancial advisors or other similar specialists as required for the project; (iv) make prompt payments in response to ENGINEER' S statements; and (v) respond in a timely fashion to requests from the ENGINEER. ENGINEER is erztitled to rely upon and use, without independent verification and without Iiability, aIl information and services pravided by CITY or CITY's appointees, or with respect to buried utilities, the utility pzoviding service in the project area. 5. Termination: The obligation to pravide further services under this AGREEMENT may be terminated by either party upon ten (10) calendar days written notice, in the event of substantial failure by the other parry to perform in accordance with the terms hereof. 6. Reuse of Documents: All documents pzepared by ENGINEER are insfruments of service for the specific praject contemplated under this AGREEMENT. They are not intended for reuse on extensians of that proj ect, or on any other proj ect. .Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at CITY's sole risk and without liability to ENGINEER. 7. Notices: Any notzces to be given hereunder by either party to the other may be effected either bypersonal delivery, in writing, or by registered orcertified mail. 8. Sole Parties and Entire AGREEMENT: This AGREEMENT shall not create any rights or benefits to anyone except the CITY an:d ENGINEER, and contains the entire agreement between the parties. Oral modifications to this agreement shall have no force or effect. 9. Texas Law to Applv' Successors• Construction: This AGREEMENT shall be construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the parties hereto and their representatives, successors and assigns. Shauld any provisions in this AGREEMENT later be held invalid, illegal or unenforeeable, they shall be deemed void, and this AGREEMENT shall be construed as if such provision had never been contained herein.