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Res 2015-019/Master Agreement between the City and Schneider Engineering, Ltd. for the provision of Professional Electrical Engineering Services in the estimated not-to-exceed amount of $2,500,000.00
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Res 2015-019/Master Agreement between the City and Schneider Engineering, Ltd. for the provision of Professional Electrical Engineering Services in the estimated not-to-exceed amount of $2,500,000.00
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2/26/2015 1:20:19 PM
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2/24/2015 11:20:27 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2015-19
Date
2/17/2015
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the combined single limit amount of at least $1,000,000.00 as applicable. <br />The stated limits of insurance required by this Paragraph are minimum only — except as <br />otherwise provided herein in the case of negligence by the Engineer, they do not limit the <br />Engineer's indemnity obligation, and it shall be the Engineer's responsibility to determine what <br />limits are adequate. These limits may be basic policy limits or any combination of basic limits <br />and umbrella limits. The City's acceptance of Certificates of Insurance that do not comply with <br />these requirements in any respect does not release the Engineer from compliance with these <br />requirements. <br />8.3 The Engineer's liability for any claims by the City with respect any services provided to or <br />for the City pursuant to this Agreement shall be limited to an amount not to exceed $2,500,000.00. <br />ARTICLE 9 <br />MISCELLANEOUS PROVISIONS <br />9.1 This Agreement is governed by and shall be construed under the laws of the State of Texas. <br />All obligations of both parties are performable and exclusive venue for any dispute arising under <br />this Agreement is in Hays County, Texas. <br />9.2 In performing all services under this Agreement, the Engineer, its subcontractors, <br />successors and assigns shall comply with all local, state and federal laws. <br />9.3 As to all acts or failures to act by either party to this Agreement, any applicable statute of <br />limitations will commence to run and any alleged cause of action shall be deemed to have accrued <br />when the party commencing the cause of action knew or should have known of the existence of <br />the subject act(s) or failure(s) to act. <br />9.4 The Engineer shall not use funds received by it directly or indirectly under the terms of this <br />Agreement for any partisan political activity or to further the election or defeat of any candidate <br />for public office. <br />9.5 The Engineer hereby affirms that neither the Engineer, the Engineer's firm nor any of its <br />associates or employees have made or agreed to make any valuable gift whether in the form of <br />service, loan, thing, or promise to any person or any of his/her immediate family, having the duty <br />to recommend, the right to vote upon, or any other direct influence on the selection of Engineers <br />to provide consulting services to the City within the two years preceding the execution of this <br />Agreement. A campaign contribution, as defined by the Texas Election Code or the San Marcos <br />City Code is not considered a valuable gift for the purposes of this Agreement. The Engineer <br />further agrees that none of its paid personnel will be employees of the City or have any contractual <br />relationship with the City. All activities, investigations, and other efforts made by Engineer <br />pursuant to the Agreement shall be conducted by employees, associates, or independent <br />contractors of the Engineer. <br />Master Electrical Engineering Services Agreement— Schneider 2015 <br />10 <br />
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