Res 2013-119/Approving an agreement between the City and Dewberry Architects, Inc. for the SM Public Library

Home Browse Search

7.3 The City may terminate this Agreement for convenience and without cause upon at least 15 calendar days prior written notice to the Architect. 7.4 In the event of termination as provided in this Article, the City will compensate the Architect for all services performed to termination date, which are deemed by the City to be in accordance with this Agreement. The City will pay this amount upon the Architect's delivering to the City all information and materials developed or accumulated by the Architect in performing the services described in this Agreement, whether completed or in progress. The expense of reproduction of these items will be borne by the City. ARTICLE 8 INSURANCE AND INDEMNITY 8.1 The Architect will hold harmless, indemnify and defend the City and its employees, agents, officers and servants from any and all lawsuits, claims, demands and causes of action of any kind arising from the negligent or intentional wrongful acts or omissions of the Architect, its officers, employees or agents. This will include, but not be limited to, the amounts of judgments, penalties, interest, court costs, reasonable legal fees, and all other expenses incurred by the City arising in favor of any party, including the amounts of any damages or awards resulting from claims demands and causes of action for personal injuries, death or damages to property alleged or actual infringement of patents, copyrights, and trademarks and without limitation by enumeration, all other claims, demands, or causes of action of every character occurring, resulting, or arising from any negligent or intentional wrongful act, error or omission of the Architect and /or its agents and/or employees. This obligation by Architect will not be limited because of the specification of any particular insurance coverage in this Agreement. 8.2 The Architect will maintain at Architect's expense insurance with insurance companies authorized to do business in the State of Texas, covering all operations under this Agreement, whether performed by Architect or Architect's agents, subcontractors or employees. Before commencing the work, the Architect will furnish to the City a certificate or certificates in form satisfactory to the City, showing that Architect has complied with this paragraph. All liability policies will be endorsed that the policy will not be changed or canceled until at least 30 calendar days written notice has been given to the City. Failure of the Architect to demand a certificate or other sufficient evidence of full compliance with these insurance requirements or failure of the Architect to identify a deficiency from the evidence that is provided as proof of insurance will not be construed as a waiver of the Architect's obligation to maintain the required insurance coverage specified herein. Commercial general liability insurance and motor vehicle insurance will be written with the City of San Marcos, Texas as an additional insured and will be endorsed to provide a waiver of the carrier's right of subrogation against the City. The kinds and amounts of insurance required are as follows: Workers' Compensation Insurance: In accordance with the provisions of the Workers' Compensation Act of the State of Texas. Dewberry Architects Agreement Final 9