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Attachment C City of San Marcos, Texas Terms and Conditions for Architect/Engineer Agreements 1. Standards of Performance (a) The performance of all services by the Consultant under this Agreement will be by persons appropriately licensed or registered under State, local and Federal laws. (b) In performing all services under this Agreement, the Consultant will use that degree of care and skill ordinarily exercised for similar projects by professional consulting firms who possess special expertise in the types of services involved under this Agreement. (c) Any provisions in this Agreement pertaining to the City's review, approval and /or acceptance of written materials prepared by the Consultant and/or its subconsultants in connection with this Agreement will not diminish the Consultant's responsibility for the materials. (d) The Consultant will perform all of its services in coordination with the City. The Consultant will advise the City of data and information the Consultant needs to perform its services, and the Consultant will meet with City representatives at mutually convenient times to assemble this data and information. (e) In performing all services under this Agreement, the Consultant will comply with all local, state and federal laws. 2. City's Responsibilities (a) The City will provide information to the Consultant regarding the City's requirements for the Consultant's services under this Agreement. The City will furnish the Consultant with copies of all data and information in the City's possession needed by the Consultant, at the Consultant's request. (b) The City will designate an authorized representative to act on the City's behalf with respect to this Agreement. The City will examine documents and information submitted by the Consultant, and promptly render responses to the Consultant on issues requiring a decision by the City. 3. Consultant's Records (a) All expense records of the Consultant will be kept on a recognized accounting basis acceptable to the City and will be available to the City at mutually convenient times. (applies only if the Consultant is to be reimbursed for any expenses) (b) The City, its auditors and federal and state agencies that have monitoring or auditing responsibilities for this Agreement will have access to any books, documents, papers and records of the Consultant which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, copying and transcriptions. (c) The Consultant will furnish to the City at such time and in such form as the City may require, financial statements including audited financial statements, records, reports, data and information, as the City may request pertaining to the matters covered by this Agreement. 4. Ownership and Use of Documents (a) All documents prepared by the Consultant in connection with this Agreement will become the property of the City whether any project related to this Agreement is executed or not. (b) The Consultant will retain all of its records and supporting documentation relating to this Agreement, and not delivered to the City, for a period of three years, except that in the event the Consultant goes out of business during that period, it will turn over to the City all of its records relating to the Project for retention by the City. 5. Term, Termination of Agreement (a) The term of this Agreement begins upon its execution by the City, and will end upon the Consultant's completion, and the City's acceptance, of all services described in this Agreement. (b) This Agreement may be terminated by either Ts&Cs A/E -2008 No Construction