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11 - Contract with Toole Design Group for conceptual design of 1st Street SE from Lamar to Clarksville Street
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11 - Contract with Toole Design Group for conceptual design of 1st Street SE from Lamar to Clarksville Street
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to the Texas Prompt Payment Act, Texas Government Code §§ 2251.001, et <br />seq. <br />Nothing contained in this Contract shall require CITY to pay for any work <br />that is unsatisfactory as determined by CITY or which is not submitted in <br />compliance with the terms of this Contract, nor shall failure to withhold payment <br />pursuant to the provisions of this section constitute a waiver of any right, at law <br />or in equity, which CITY may have if CONSULTANT is in default, including the <br />right to bring legal action for damages or for specific performance of this <br />Contract. Waiver of any default under this Contract shall not be deemed a <br />waiver of any subsequent default. <br />IV. <br />Revisions of the Sco a of Services <br />CITY reserves the right to revise or expand the scope of services after <br />due approval by CITY as CITY may deem necessary, but in such event CITY <br />shall pay CONSULTANT equitable compensation for such services. In any <br />event, when CONSULTANT is directed to revise or expand the scope of services <br />under this Section of the Contract, CONSULTANT shall provide CITY a written <br />proposal for the entire cost involved in performing such additional services. <br />Prior to CONSULTANT undertaking any revised or expanded services as <br />directed by CITY under this Contract, CITY must authorize in writing the nature <br />and scope of the services and accept the method and amount of compensation <br />and the time involved in all phases of the Project. <br />It is expressly understood and agreed by CONSULTANT that any <br />compensation not specified in Paragraph III hereinabove may require approval <br />by the City Council and is subject to the current budget year limitations. <br />V. <br />Term <br />This Contract shall begin on the date first written above, and shall <br />terminate when CITY has approved the Project as being final or otherwise <br />terminates this Contract as provided herein. <br />VI. <br />Contract Termination Provision <br />This Contract may be terminated at any time by CITY for any cause by <br />providing CONSULTANT thirty (30) days written notice of such termination. <br />Upon receipt of such notice, CONSULTANT shall immediately terminate working <br />on, placing orders or entering into contracts for supplies, assistance, facilities or <br />materials in connection with this Contract and shall proceed to promptly cancel <br />all existing contracts insofar as they are related to this Contract. <br />Architectural / Engineering Services Contract <br />(Toole Design Group, LLC) Page 3 of 16 <br />
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