19-DELIBERATE/ACT ON RES APPROVING PROFESSIONAL SERVICES CONTRACT WITH HAYTER ENG FOR $172,972.

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(e) "Reimbursable expenses" include, but are not limited to, long distance telephone, postage, equipment, expendables, mileage, subcontractors or special consultants, freight, testing fees, copies, and blueprints. Where special consultants or subcontractors are used as additional services, the ENGINEER'S reimbursement shall include a service charge equal to 5% of the subcontractor's invoice amount. 4. Services to be Performed by_CITY: CITY shall: (i) designate a specific person as CITY's representative; (ii) provide ENGINEER with any previous studies, reports, data, budget constraints, special CITY requirements, or other pertinent information known to CITY; (iii) ensure access for the ENGINEER to properties necessary for performance of the ENGINEER' S work; (iv) provide legal, accounting, or insurance consultants, financial advisors or other similar specialists as required for the project; (v) make prompt payments in response to ENGINEER' S statements; and (vi) respond in a timely fashion to requests from the ENGINEER. ENGINEER is entitled to rely upon and use, without independent verification and without liability, all information and services provided by CITY or CITY's appointees, or with respect to buried utilities, the utility providing service in the project area. 5. Termination: The obligation to provide 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 party to perform in accordance with the terms hereof. 6. Reuse of Documents: All documents prepared by ENGINEER are instruments of service for the specific project contemplated under this AGREEMENT. They are not intended for reuse on extensions of that project, or on any other project. 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 notices to be given hereunder by either party to the other may be effected either by personal delivery, in writing, or by registered or certified mail. 8. Sole Parties and Entire AGREEMEN"I': This AGREEMENT shall not create any rights or benefits to anyone except the CITY and ENGINEER, and contains the entire agreement between the parties. Oral modifications to this agreement shall have no force or effect. 9. Texas Law to A.pplv• 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. Should any provisions in this AGREEMENT later be held invalid, illegal or unenforceable, they shall be deemed void, and this AGREEMENT shall be construed as if such provision had never been contained herein. 10. Other Provisions: The parties hereto further agree as follows: (a) Indemnification. ENGINEER shall release, indemnify and hold CITY and its 2 . _P10