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Res 2006-164
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Res 2006-164
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Last modified
3/6/2007 1:59:52 PM
Creation date
10/19/2006 8:24:22 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-164
Date
10/3/2006
Volume Book
169
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<br />e <br /> <br />e <br /> <br />Attachment B <br /> <br />City of San Marcos. Texas <br />Terms and Conditions for Architect/Eneineer Aereements <br /> <br />1. Standards of Performance <br /> <br />(a) The performance of all servIces by the Consultant <br />under thIS Agreement will be by persons <br />appropriately licensed or registered under State, local <br />and Federal laws. <br /> <br />(b) In performing all services under thIS Agreement, <br />the Consultant will use that degree of care and skill <br />ordmarily exercIsed for similar projects by <br />professional consulting firms who possess special <br />expertise m the types of servIces involved under this <br />Agreement. <br /> <br />(c) Any provisIOns in this Agreement pertaining to <br />the CIty'S reVIew, approval and lor acceptance of <br />wntten materials prepared by the Consultant and/or <br />its subconsultants m connection WIth this Agreement <br />will not dmnnish the Consultant's responsibilIty for <br />the materials. <br /> <br />(d) The Consultant will perform all of ItS servIces m <br />coordination with the City. The Consultant will <br />adVIse the CIty of data and information the Consultant <br />needs to perform its servIces, and the Consultant will <br />meet with City representatIves at mutually convenient <br />tImes to assemble this data and information. <br /> <br />(e) In perfonnmg all servIces under this Agreement, <br />the Consultant will comply WIth all local, state and <br />federal laws, <br /> <br />2. City's Responsibilities <br /> <br />(a) The City will provide information to the <br />Consultant regarding the City's requirements for the <br />Consultant's services under this Agreement. The CIty <br />will furnish the Consultant WIth copIes of official CIty <br />deSIgn standards and construction standards, and <br />other data and mformatIOn in the City's posseSSIOn <br />needed by the Consultant, at the Consultant's request. <br /> <br />(b) The CIty will deSIgnate an authorized <br />representative to act on the City's behalf with respect <br />to thIS Agreement. The City will examine documents <br />and information submitted by the Consultant, and <br />promptly render responses to the Consultant on Issues <br />AE - No Construction-l/27/06 I <br /> <br />requiring a decision by the CIty <br /> <br />3. Consultant's Records <br /> <br />( a) All expense records of the Consultant will be kept <br />on a recognized accounting basis acceptable to the <br />CIty and will be available to the City at mutually <br />convement tImes. <br /> <br />(b) The City, Its audItors and federal and state <br />agencies that have monitonng or audItIng <br />responsibilitIes for thIS Agreement will have access to <br />any books, documents, papers and records of the <br />Consultant which are directly pertinent to thIS <br />Agreement for the purpose of makmg audIt, <br />exammation, excerpts, copying and transcriptions. <br /> <br />(c) The Consultant will furnish to the City at such <br />time and in such form as the CIty may requue, <br />finanCIal statement, records, reports, data and <br />mformation, as the City may request pertammg to the <br />matters covered by this Agreement. <br /> <br />4. Ownership and Use of Documents <br /> <br />(a) All documents prepared by the Consultant m <br />connection With this Agreement will become the <br />property of the CIty whether any project related to <br />this Agreement IS executed or not. <br /> <br />(b) The Consultant will retam all of its records and <br />supporting documentation relatmg to thIS Agreement, <br />and not delivered to the City, for a period of three <br />years, except that m the event the Consultant goes out <br />of business during that period, it will turn over to the <br />City all of its records relating to the Project for <br />retention by the CIty <br /> <br />5. Term; Termination of Al!reement; Default <br /> <br />(a) The term of thIS Agreement begms upon ItS <br />execution by the City, and will end upon the <br />Consultant's completion, and the City's acceptance, <br />of all services described m this Agreement. <br />
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