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Res 2013-163(a)/Approving an agreement w/Halff Assocates for services in connection with the Old Ranch Road 12 bike/ped and widening
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Res 2013-163(a)/Approving an agreement w/Halff Assocates for services in connection with the Old Ranch Road 12 bike/ped and widening
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11/22/2013 12:29:50 PM
Creation date
11/18/2013 11:41:29 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2013-163(a)
Date
11/6/2013
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sureties will be held liable until such suit or suits, action or actions, claim or claims for injury or <br />damages as aforesaid have been settled and satisfactory evidence to that effect has been <br />furnished to the City. This will include, but not be limited to, the amounts of judgments, <br />penalties, interest, court costs, reasonable legal fees, and all other expenses incurred by the City <br />arising in favor of any party, including the amounts of any damages or awards resulting from <br />claims demands and causes of action for personal injuries, death or damages to property alleged <br />or actual infringement of patents, copyrights, and trademarks and without limitation by <br />enumeration, all other claims, demands, or causes of action of every character occurring, <br />resulting, or arising from any negligent or intentional wrongful act, error or omission of the <br />Engineer and /or its agents and /or employees. This obligation by Engineer will not be limited <br />because of the specification of any particular insurance coverage in this Agreement. <br />ARTICLE 7 <br />INSURANCE <br />A. Coverage. The Engineer will procure and maintain on a primary basis, at the Engineer's <br />expense and for the duration of this Agreement insurance with insurance companies authorized <br />to do business in the State of Texas, covering all operations under this Agreement, whether <br />performed by Engineer or Engineer's agents, subcontractors or employees. Before commencing <br />the work, the Engineer will furnish to the City a certificate or certificates in form satisfactory to <br />the City (See Attachment D for example), showing that the Engineer has complied with this <br />paragraph. Before commencing the work and within five (5) business days of the City's award <br />of a contract, the Engineer must deliver to the City a certificate(s) of insurance evidencing that <br />such policies are in full force and effect. Failure to meet the stated insurance requirements and <br />provide the required certificate(s) and any necessary endorsements within five business days <br />may cause the contract to be terminated. The City reserves the right to obtain complete, <br />certified copies of all required insurance policies at any time. The stated limits of insurance <br />required by this Paragraph are minimum only - -they do not limit the Engineer's indemnity <br />obligation, and it will be the Engineer's responsibility to determine what limits are adequate. <br />These limits may be met by basic policy limits or any combination of basic limits and umbrella <br />limits. The City's acceptance of certificates of insurance that do not comply with these <br />requirements in any respect does not release the Engineer from compliance with these <br />requirements. The kinds and amounts of insurance required are as follows: <br />1) Workers' Compensation Insurance and /or Employer's Liability Insurance: <br />In accordance with the provisions of the Workers' Compensation Act of the State <br />of Texas and /or $500,000.001$500,000.00 for Employer's Liability. <br />2) Commercial General Liability Liability Insurance: (1) Commercial general <br />liability insurance with a combined single limit of $1,000,000 for each occurrence <br />and $1,000,000 in the aggregate, Engineer agrees to maintain a standard ISO <br />version Commercial General Liability occurrence form, or its equivalent <br />providing coverage for, but not limited to, Bodily Injury and Property Damage, <br />Premises /Operations, Products /Completed Operations, Independent Engineers. <br />5 <br />
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