14-AUTHORIZE EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH DENNEY ARCHITECTS TO DESIGN REPAIRS TO GRAND THEATER

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services pursuant to this Agreement with a minimum combined single limit of not less than $500,000.00 Dollars per occurrence and $1,000,000.00 aggregate for injury to persons (including death), and for property damage; (2) policy of automobile liability insurance covering any vehicles owned and/or operated by ARCHITECT, its officers, agents, and employees, and used in the performance of this Agreement; and (3) Professional Liability insurance with a limit of not less than $1,000,000.00 Dollars covering Architect and all of Architect's employees, agents and consultants. All insurance and certificate(s) of insurance shall contain the following provisions (1) name the City, its officers, agents and employees as additional insured's as to all applicable coverage with the exception of Professional Liability Insurance; (2) provided for at least thirty (30) days prior written notice to the City for cancellation, non-renewal, or material change of the insurance; (3) provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. All insurance companies providing the required insurance shall either be authorized to transact business in Texas and rated at least "B" by AM best or other equivalent rating service, or approved by the City Risk Manager. A certificate of insurance evidencing the required insurance shall be submitted to the City Clerk prior to commencement of services. (c) Any opinion of the probable construction cost prepared by the ARCHITECT represents only his judgment as a design professional and is supplied for the general guidance of the CITY. Since the ARCHITECT has no control over the cost of labor and material, or many other factors, the ARCHITECT does not imply nor guarantee the accuracy of such opinions. If the CITY elects to redesign or rebid the project to reduce costs, ARCHITECT'S services for such rebidding or redesign shall be additional services. (d) The ARCHITECT has not been retained or compensated to provide design and construction review services relating to any construction contractor's safety precautions or to means, methods, techniques, sequences, or procedures required for the contractor to perform his work, but not relating to the final or completed structure. The ARCHITECT does not in any manner guarantee the performance of the construction contractors. (e) ARCHITECT will strive to perform services hereunder in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, express or implied, and no warranty or guarantee is included or intended in this AGREEMENT, or in any report, opinion, document, or otherwise. ( fl Delivery of Electronic Files in accepting and utilizing any drawings, reports and data on any form of electronic media from the ARCHITECT, CITY agrees that such files are instruments of service of the ARCHITECT, solely for this particular Project. The CITY agrees not to reuse these electronic files for any purpose other than of the Project. Electronic files furnished by either party shall be subject to an acceptance period of sixty (60) days. After the acceptance period, the electronic files shall be deemed to be accepted and neither party shall have any obligation to correct errors or maintain electronic files. 3