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Res 2015-060/Professional Services Agreement between the City and Brown Reynolds Watford Architects, Inc. for the provision of Professional Architectural Services in connection with the San Marcos Fire Station No. 4 project in the not-to-exceed amount of
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Res 2015-060/Professional Services Agreement between the City and Brown Reynolds Watford Architects, Inc. for the provision of Professional Architectural Services in connection with the San Marcos Fire Station No. 4 project in the not-to-exceed amount of
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6/22/2015 11:00:13 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2015-60
Date
6/2/2015
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8.2 This Agreement may be terminated by either party upon 15 calendar days prior written <br />notice should the other party fail substantially to perform in accordance with its terms through no <br />fault of the party initiating the termination. The Architect will provide the City with at least a 30 <br />calendar day period of opportunity to cure before the Architect initiates termination. <br />8.3 The City may terminate this Agreement for convenience and without cause with at least 15 <br />calendar days prior written notice to the Architect. <br />8.4 In the event of termination as provided in this Article, the Architect will immediately <br />discontinue any and all services under the Agreement upon the City's request. The City will <br />compensate the Architect for all services performed to termination date, which the City deems to <br />be in accordance with this Agreement. The City will pay this amount upon the Architect's <br />delivering to the City all information and materials developed or accumulated by the Architect in <br />performing the services described in this Agreement, whether completed or in progress. The <br />expense of reproduction of these items will be borne by the City. <br />ARTICLE 9 <br />INSURANCE AND INDEMNITY <br />9.1 The Architect will indemnify hold harmless and defend the City and its employees, <br />agents, officers and servants from any and all lawsuits, claims, demands and causes of action <br />of any kind arising from the negligent or intentional wrongful acts or omissions of the Architect, <br />its officers, employees or agents. This will include, but not be limited to, the amounts of <br />judgments, penalties, interest, court costs, reasonable legal fees, and all other expenses incurred <br />by the City arising in favor of any party, including the amounts of any damages or awards <br />resulting from claims demands and causes of action for personal injuries, death or damages to <br />property alleged or actual infringement of patents, copyrights, and trademarks and without <br />limitation by enumeration, all other claims, demands, or causes of action of every character <br />occurring, resulting, or arising from any negligent or intentional wrongful act, error or <br />omission of the Architect and/or its agents and/or employees. This obligation by Architect will <br />not be limited because of the specification of any particular insurance coverage in this <br />Agreement <br />9.2 The Architect will procure and maintain at Architect's expense insurance with insurance <br />companies authorized to do business in the State of Texas, covering all operations under this <br />Agreement, whether performed by Architect or Architect's agents, subcontractors or employees. <br />Before commencing the work, the Architect will furnish to the City a certificate or certificates in <br />form satisfactory to the City, showing that Architect has complied with this paragraph. All <br />certificates will provide that the policy will not be reduced by endorsement or canceled until at <br />least 30 calendar days written notice has been given to the City. Failure of the Architect to demand <br />a certificate or other sufficient evidence of full compliance with these insurance requirements or <br />failure of the Architect to identify a deficiency from the evidence that is provided as proof of <br />BRW San Marcos Fire Station No.4 <br />19 <br />
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