09 - Agreement with WRA Architects for pre-design services for Love Civic Center Restoration Project

Home Browse Search

V. Term and Time of Performance This Contract shall begin on the date first written above, and shall terminate when CITY has approved the Project as being final or otherwise terminates this Contract as provided herein. The CONSULTANT shall commence services upon execution of this Contract. Unless terminated, or unless the Scope of Services and Time of Performance are changed in accordance with Article XV, Changes, the CONSULTANT shall complete the Scope of Services provided under Article II by March 30, 2021. Notwithstanding anything herein to the contrary, CITY acknowledges and agrees that any schedule for the provision of CONSULTANT's services may be modified or adjusted by written agreement between the parties due to review by third -party consultants, review and approval of submissions by authorities having jurisdiction over the project, changes in the scope of the project, and or delays by the CITY and/or its contractor or consultants. CONSULTANT shall have no liability for any such delays mutually agreed to by the parties. The completion schedule set forth in this Article may be subject to causes that result in delay over which neither CONSULTANT nor the CITY has any control. Notification and justification for any such delays identified by the CONSULTANT must be made in writing and approved by the CITY. The schedule of work will be extended to include any such delays pursuant to Article XV, Changes. VI. Contract Termination Provision This Contract may be terminated at any time by CITY for any cause by providing CONSULTANT thirty (30) days written notice of such termination. Upon receipt of such notice, CONSULTANT shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Contract and shall proceed to promptly cancel all existing contracts insofar as they are related to this Contract. Data and study products prepared by the CONSULTANT under this Contract shall be delivered to the CITY if requested on the condition that the CITY has fully paid CONSULTANT all sums due for such data and study products. The CITY will only be obligated to compensate the CONSULTANT in the amounts agreed herein for those services performed prior to the effective date of termination and upon the CONSULTANT's submitting a statement of actual services performed and payment requested. VII. OWneEahIL of Documents All materials and documents prepared or assembled by CONSULTANT under this Contract shall become the sole property of CITY and shall be delivered to CITY without restriction on future use on the condition that CITY substantially performs its obligations under this Contract, including prompt payment of all sums due. CONSULTANT may retain in its files copies of all drawings, specifications and all other pertinent information for the services. CONSULTANT shall have no liability for changes made to any materials or other documents by others subsequent to the completion of the Contract. Further, in the event CITY uses any materials or other documents provided, prepared, or assembled by CONSULTANT without retaining CONSULTANT, such use shall be at CITY's sole risk and liability, and CITY releases CONSULTANT and its consultants from all claims and causes of action arising from such uses. VIII. .Insurance Requirements A. Before commencing work, the consultant shall, at its own expense, procure, pay for and maintain during the term of this Contract the following insurance written by companies approved by the State of Texas and acceptable to the City of Paris. The consultant shall furnish to the City Clerk copies of the insurance policies required herein stating coverages, limits, expiration dates and Architectural Services Contract� WRA Architects, Inc. Page 3 of 16