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

Home Browse Search

parties acknowledge that the City, in executing and performing this Agreement, is a governmental entity acting in a governmental capacity. 10.12 The City of San Marcos is governed by the Texas Public Information Act (the "Act "), Chapter 552 of the Texas Government Code. This Agreement and all written information generated under this agreement may be subject to release under the Act. The Architect will not make any reports, information, data, etc. generated under this Agreement available to any individual or organization without the written approval of the City. Upon receipt of a request for information under the Act, the City will immediately notify the Consultant of the request, and it will be the responsibility of the Architect to object, within ten days of the City's receipt of the request, to the Texas Attorney General by way of a written request with a copy to the City. If the Architect fails to submit a letter to the Attorney General within ten days of the City's receipt of a request for information, the City will release the information in accordance with the Act. 10.13 The captions or headings included in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions, articles, or sections of this Agreement. 10.14 As applicable to this Project, the Architect understands that funds for the payment for work performed by the Architect under the Agreement have been provided through the City's budget approved by City Council for the current fiscal year only. State statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. The City cannot guarantee the availability of funds, and enters into the Agreement only to the extent such funds are made available. The Architect acknowledges and agrees that it will have no recourse against the City for its failure to appropriate funds for the purposes of the Agreement in any fiscal year other than the year in which the Agreement was executed. The fiscal year for the City extends from October 1st of each calendar year to September 30th of the following calendar year. 10.15 The work to be performed under this Agreement will be performed entirely at the Architect's risk. The Architect will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work to be performed under this Agreement. The Architect will take all reasonable precautions for the safety of and will provide all reasonable protection to prevent damage, injury, or loss to employees, the work, the endangered species, or the property affected by this contract. All damage or loss to any property caused in whole or in part by the Architect, any of its subconsultants, or anyone directly or indirectly employed by any of them will be remedied by the Architect. 10.16 In the event that the performance by either the City or the Architect of any of its obligations under this Agreement is interrupted or delayed by events outside of their control such as acts of God, war, riot or civil commotion, then the party is excused from such performance for the period of time reasonably necessary to remedy the effects of such events. BRW — San Marcos Fire Station No.4 22