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CC RES 94-059 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT WITH AN ARCHITECT
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CC RES 94-059 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT WITH AN ARCHITECT
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26
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RES 1994
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CC RES 94-059 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN AGREEMENT WITH AN ARCHITECT
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and all other available remedies, the right to recover from the Architect <br /> • (including the right of set-off against sums otherwise due the Architect) all of <br /> the costs associated with procuring or maintaining such insurance. <br /> 3. PROFESSIONAL LIABILITY INSURANCE <br /> A) Professional Liability Coverage of $1,000,000 shall be maintained for <br /> one year from the date of Substantial Completion. If Architect <br /> discontinues its business, and if directed by the City in writing, <br /> Architect shall purchase such insurance in such amount for an <br /> extended discovery period beyond the one year after the date of <br /> Substantial Completion, with the premium cost to be a reimbursable <br /> expense paid by the City. The limit of liability for such policy may not <br /> be reduced below $1,000,000 without the City giving its prior, written <br /> consent. All policies of insurance that Architect is required under the <br /> terms of this Exhibit A to secure and maintain shall bear the <br /> endorsement 'Not to be canceled until 30 days after the City has <br /> received a written notice from insurer as evidenced by a return receipt <br /> of registered or certified mail." On City's request, Architect shall obtain, <br /> at City's expense, additional Project specific coverage. <br /> B) The City shall not be responsible for obtaining or paying premiums or <br /> other expenses in connection with insurance required to be carried <br /> under the Agreement or normally carried by the Architect or the <br /> Architect's consultants, and the obligation to obtain such insurance <br /> and to pay such premiums and other expenses shall be solely that of <br /> the Architect. <br /> C) The Architect shall bear all costs of any and all deductible amounts <br /> under any insurance policies required to be carried under the <br /> Agreement and shall remain solely and fully liable for the full amount <br /> of any claim or item not compensated by insurance (including <br /> settlement made with the prior written approval of the City.) <br /> 4. COVERAGE <br /> The coverages referred to above are set forth in full in the respective policy <br /> forms, and the foregoing descriptions of such policies are not intended to be <br /> complete. <br /> 5. GENERALLY <br /> A) The Architect hereby represents and warrants to the City that, as of the <br /> date of the execution of the Agreement, the Architect is not aware of <br /> • E-2 <br />
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