Common use of No Special or Consequential Damages Clause in Contracts

No Special or Consequential Damages. The City expressly waives any claims against Metro regarding the Scope of Work under this Agreement. In no event will Metro be liable for and the City specifically releases Metro from any liability for special, punitive, exemplary, consequential, incidental or indirect losses or damages (in tort, contract or otherwise) under or in respect of this Agreement or for any failure of performance related to the Scope of Work or this Agreement, however caused, whether or not arising from Metro’s sole, joint or concurrent negligence. By: By: Printed: Printed: Title: Title: Date: Date: Project Title: 82nd Avenue Project Development Start Up Tasks Project Purpose: The project will advance work to improve safety, access, transit performance and asset condition on 82nd Avenue. The project outcome will be a project charter and schedule; existing conditions including safety needs; development of a decision making and public involvement strategy; and early work to develop roadway conceptual designs to provide varying degrees of transit priority. Budget: Project managers will agree on the budget allocation before commencing the work. The project has multiple funding sources and the team will work together to ensure this work and other tasks not included in this scope of work are completed as efficiently as possible. Invoices: The City of Portland will submit to Metro on a monthly basis reimbursement invoices detailing with reasonable particularity the work performed under this Agreement. Metro will pay the City the balance due not later than thirty (30) days after receipt of a proper invoice, inclusive of the date the invoice was received. Invoices must be supported by current time sheets, supporting documentation for other costs included in the invoice, and a summary of activities performed for each month, or any other documentation reasonably required by Metro. The Project Managers will review the invoices against the Project budget to provide real time cost tracking and budget management. All invoices must be submitted to Metro at the following address: Metro Accounts Payable 600 N.E. Grand Avenue Portland, OR 97232-2736 or ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ The City will proceed with the project as follows: Task Deliverable General Start and End Date 1 Project Initiation August 2021- December 2021 1.1 Integrated work approach – develop an integrated scope of work for the corridor investment including identifying tasks for completion by Metro, TriMet and the City. 1.2 Kick off meeting – ½ day workshop with project team to share initial information, develop goals for the early work and establish communication protocols. 2.1 Project charter and decision making structure – develop a project partner charter and a decision making structure for the Civic Corridor Project Development Plan. 2.2 Engagement strategy – develop a high level engagement strategy with a proposed community engagement structure to support decision making (e.g. committee structure or alternative approach), stakeholder and demographic analysis, and decision milestones, and an analysis of engagement needs at each decision milestone. This task will include stakeholder interviews to inform the strategy. This will not be a complete public involvement plan that would include specific outreach strategies and schedules but will provide the basis for detailed public involvement plans for project milestones.

No Special or Consequential Damages. The City expressly waives any claims against Metro regarding the Scope of Work under this Agreement. In no event will Metro be liable for and the City specifically releases Metro from any liability for special, punitive, exemplary, consequential, incidental or indirect losses or damages (in tort, contract or otherwise) under or in respect of this Agreement or for any failure of performance related to the Scope of Work or this Agreement, however caused, whether or not arising from Metro’s sole, joint or concurrent negligence. By: By: Printed: Printed: Title: Title: Date: Date: Project Title: 82nd Avenue ▇▇▇▇ ▇▇▇▇▇▇ Project Development Start Up Tasks Project Purpose: The project will advance work to improve safety, access, transit performance and asset condition on 82nd Avenue. The project outcome will be a project charter and schedule; existing conditions including safety needs; development of a decision making and public involvement strategy; and early work to develop roadway conceptual designs to provide varying degrees of transit priority. Budget: Project managers will agree on the budget allocation before commencing the work. The project has multiple funding sources and the team will work together to ensure this work and other tasks not included in this scope of work are completed as efficiently as possible. Invoices: The City of Portland will submit to Metro on a monthly basis reimbursement invoices detailing with reasonable particularity the work performed under this Agreement. Metro will pay the City the balance due not later than thirty (30) days after receipt of a proper invoice, inclusive of the date the invoice was received. Invoices must be supported by current time sheets, supporting documentation for other costs included in the invoice, and a summary of activities performed for each month, or any other documentation reasonably required by Metro. The Project Managers will review the invoices against the Project budget to provide real time cost tracking and budget management. All invoices must be submitted to Metro at the following address: Metro Accounts Payable 600 N.E. Grand Avenue Portland▇▇▇ ▇.▇. ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇, OR 97232▇▇ ▇▇▇▇▇-2736 ▇▇▇▇ or ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ The City will proceed with the project as follows: Task Deliverable General Start and End Date 1 Project Initiation August 2021- December 2021 1.1 Integrated work approach – develop an integrated scope of work for the corridor investment including identifying tasks for completion by Metro, TriMet and the City. 1.2 Kick off meeting – ½ day workshop with project team to share initial information, develop goals for the early work and establish communication protocols. 2.1 Project charter and decision making structure – develop a project partner charter and a decision making structure for the Civic Corridor Project Development Plan. 2.2 Engagement strategy – develop a high level engagement strategy with a proposed community engagement structure to support decision making (e.g. committee structure or alternative approach), stakeholder and demographic analysis, and decision milestones, and an analysis of engagement needs at each decision milestone. This task will include stakeholder interviews to inform the strategy. This will not be a complete public involvement plan that would include specific outreach strategies and schedules but will provide the basis for detailed public involvement plans for project milestones.