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Res 2016-011/approving a professional services agreement with Lockwood, Andrews & Newnam, Inc. for the provision of engineering services in connection with the Coers Drive Improvements Project in the not-to-exceed amount of $149,875.00
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Res 2016-011/approving a professional services agreement with Lockwood, Andrews & Newnam, Inc. for the provision of engineering services in connection with the Coers Drive Improvements Project in the not-to-exceed amount of $149,875.00
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2/25/2016 10:48:04 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2016-11
Date
2/2/2016
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provide that coverage under the policies will not be canceled or non - renewed until at least thirty <br />(3 0) calendar days prior written notice, or ten (10) calendar days' notice of cancellation due to the <br />non - payment of premiums is given to the City. Failure of the Engineer to demand a certificate or <br />other sufficient evidence of full compliance with these insurance requirements or failure of the <br />Engineer to identify a deficiency from the evidence that is provided as proof of insurance will not <br />be construed as a waiver of the Engineer's obligation to maintain the required insurance coverage <br />specified herein. If, in the event the City is notified that a required insurance coverage will cancel <br />or non -renew during the contract period, the Engineer agrees to furnish prior to the expiration of <br />such insurance, a new or revised certificate(s) as proof that equal and like coverage is in effect. <br />The City reserves the right, but not the obligation, to withhold payment to the Engineer until <br />coverage is reinstated. Certificates and notices will be given to the City at the following address: <br />City of San Marcos <br />Attn: Engineering and Capital Improvements Department <br />630 E. Hopkins <br />San Marcos, Texas 78666 <br />F. Right to Review and Adiust. The City reserves the right to review these requirements <br />and to modify insurance coverage and their limits when deemed necessary and prudent. <br />Furthermore, the City reserves the right, but not the obligation, to review and reject any insurer <br />providing coverage because of poor financial condition. <br />ARTICLE 8 <br />MISCELLANEOUS PROVISIONS <br />A. This Agreement is governed by and will 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 />B. 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 will 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 />C. The Engineer will 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 />D. The Engineer hereby affirms that Engineer and Engineer's firm have not made or agreed <br />to make any valuable gift whether in the form of service, loan, thing, or promise to any person or <br />any of his/her immediate family, having the duty to recommend, the right to vote upon, or any <br />other direct influence on the selection of consultants to provide consulting services to the City <br />within the two years preceding the execution of this Agreement. A campaign contribution, as <br />defined by the Texas Election Code or the San Marcos City Code is not considered a valuable gift <br />
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