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Res 2006-048
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Res 2006-048
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Last modified
8/7/2006 2:17:23 PM
Creation date
8/7/2006 2:16:57 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-48
Date
3/7/2006
Volume Book
166
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<br />I <br /> <br />I <br /> <br />I <br /> <br />written notice of cancellation to the City, and will name the City as an additional insured on all <br />coverages except workers' compensation and professional liability. The kinds and amounts of <br />insurance required are as follows: <br /> <br />Workers' Compensation Insurance: In accordance with the provisions of the Workers' <br />Compensation Act of the State of Texas. <br /> <br />Liability Insurance: (1) Commercial general liability insurance with a combined single <br />limit of $500,000 for each occurrence and $500,000.00 in the aggregate, (2) Motor Vehicle <br />liability insurance in an amount not less than $250,000.00 for injuries to anyone person, <br />$500,000 on account of anyone accident and in an amount of not less than $250,000.00 for <br />property damage and (3) professional liability coverage to cover lawful claims arising in <br />connection with this Project in the combined single limit amount of at least $500,000.00. <br /> <br />The stated limits of insurance required by this Paragraph are minimum only-and it will <br />be the Engineer's responsibility to determine what limits are adequate. These limits may be <br />basic policy limits or any combination of basic limits and umbrella limits. The City's acceptance <br />of Certificates of Insurance that do not comply with these requirements in any respect does not <br />release the Engineer from compliance with these requirements. <br /> <br />ARTICLE 10 <br />MISCELLANEOUS PROVISIONS <br /> <br />10.1 This Agreement is governed by and will be construed under the laws of the State of <br />Texas. All obligations of both parties are performable and exclusive venue for any dispute <br />arising under this Agreement is in Hays County, Texas. <br /> <br />10.2 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 /> <br />10.3 The Engineer will not use funds received by it directly or indirectly under the terms of <br />this Agreement for any partisan political activity or to further the election or defeat of any <br />candidate for public office. <br /> <br />10.4 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 hislher 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 professional 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 will not be considered as a <br />valuable gift for the purposes of this Agreement. <br />Halff Pruf. Services <br /> <br />12 <br />
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