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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9.14 The work to be performed under this Agreement will be performed entirely at the Engineer's risk. The Engineer shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work to be performed under this Agreement. The Engineer shall take all reasonable precautions for the safety of and shall provide all reasonable protection to prevent damage, injury, or loss to employees, the work, the endangered species, or the property affected by this contract. All damage or loss to any property caused in whole or in part by the Engineer, any of its sub - consultants, or anyone directly or indirectly employed by any of them shall be remedied by the Engineer. 9.15 The captions or headings included in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions, articles, or sections of this Agreement. 9.16 In the event that the performance by either the City or the Engineer of any of its obligations under this Agreement is interrupted or delayed by events outside of their control such as acts of God, war, riot or civil commotion, then the party is excused from such performance for the period of time reasonably necessary to remedy the effects of such events. 9.17 If applicable, the Engineer shall pay all license fees, royalties and other costs incident to the use of any invention, design, process, product or device subject to a patent right or copyright held by others in performing the work or in the completed Project. 9.18 It is expressly agreed that the Engineer is an independent contractor and not an employee, agent, partner or joint venturer with the City. The Engineer shall not pledge or attempt to pledge the credit of the City. 9.19 It is the City's intent to be proactive with regard to the environment. The City encourages "value purchasing" of environmentally friendly products. The Engineer is encouraged to utilize green solutions in performing any services under the Agreement, as appropriate. 9.20 The Engineer's attention is called to the fact that pursuant to San Marcos Ordinance No. 2013 -57, as amended, all City of San Marcos owned and rented/leased properties are smoke free properties. All Engineers, their sub - consultants and employees are prohibited from smoking while on City property. This prohibition includes the enclosed areas of public places and workplaces and within 10 feet of doors and windows of City -owned or rented buildings, all City parks and the grounds outside of any City building. This prohibition includes e- cigarettes and other inhaled vapor devices. The City may terminate this Agreement for noncompliance with this ordinance. 9.21 The obligations and duties to be performed by the Engineer under this Agreement shall be performed by persons qualified to perform such duties efficiently. The Engineer, if the City shall so direct, shall replace any engineer or other person employed by the Engineer in connection with the work under this Agreement. Master Electrical Engineering Services Agreement— Schneider 2015 12