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22-AUTHORIZE EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH GRANTHAM & ASSOCIATES TO PROVIDE ENGINEERING DEISGN AND RELATED SERVICES FOR CERTAIN STREET PROJECTS
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01.28.13
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22-AUTHORIZE EXECUTION OF PROFESSIONAL SERVICES AGREEMENT WITH GRANTHAM & ASSOCIATES TO PROVIDE ENGINEERING DEISGN AND RELATED SERVICES FOR CERTAIN STREET PROJECTS
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DRAFT <br />6.2 Assi� The Engineer may not assign this Agreement without the prior written <br />consent of City. In the event of an assignment by the Engineer to which the City has consented, the <br />assignee shall agree in writing with the City to personally assume, perform, and be bound by all the <br />covenants, and obligations contained in this Agreement. <br />6.3 Successors and Assi�. Subject to the provisions regarding assignment, this <br />Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, <br />executors, administrators, legal representatives, successors and assigns. <br />6.4 Governing Law• The laws of the State of Texas shall govern this Agreement; and <br />venue for any action concerning this Agreement shall be in Lamar County, Texas. <br />6.5 Amendments. This Agreement may be amended by the mutual written agreement of <br />the parties. <br />6.6 Severability. In the event any one or more of the provisions contained in this <br />Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such <br />invalidity, illegality or unenforceability shall not effect any other provisions, and the Agreement <br />shall be construed as if such invalid, illegal, or unenforceable provision had never been contained <br />in it. <br />6.7 Independent Contractor. It is understood and agreed by and between the parties that <br />the Engineer in satisfying the conditions of this Agreement, is acting independently, and that the <br />City assumes no responsibility or liabilities to any third pariy in connection with these actions. All <br />services to be performed by Engineer pursuant to this Agreement shall be in the capacity of an <br />independent contractor, and not as an agent or employee of the City. Engineer shall supervise the <br />performance of its services and shall be entitled to control the manner and means by which its <br />services are to be performed, subject to the terms of this Agreement. <br />6.8 Notice. Any notice required or permitted to be delivered hereunder may be sent by <br />first class mail, overnight courier or by confirmed telefa�c or facsimile to the address specified <br />below, or to such other party or address as either party may designate in writing, and shall be <br />deemed received three (3) days after delivery set forth herein: <br />If intended for City: <br />Attn: Shawn Napier, P.E. <br />City of Paris <br />150 SE 1 st Street <br />P.O. Box 9037 <br />Paris, Texas 75461 <br />If intended for Engineer: <br />Attn: Bruce Grantham P.E. <br />Grantham & Associates, Inc. <br />6570 Naaman Forest Blvd. Suite 200, LB 2 <br />Garland, Texas 75044 <br />S:AcitydataAAtlorney\CONTRACTS\Grantham & Associales - engineering services - Capital Improvement Plan.doc <br />- 3 - 65646 <br />
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