Res 2015-005/approving interlocal contract with EAA, Texas State University for the expansion of the COSM Reclaimed Water System

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ARTICLE X — BOND COVERAGE [THIS ARTICLE LEFT BLANK] ARTICLE XI — INSURANCE Section 11.1. Insurance Coverages. During the term of this Contract, the City shall obtain and maintain in effect, at the City's expense, appropriate insurance policies protecting the City and the EAA, and their respective officers, directors and employees, against any loss, liability, personal injury, death, property damage or any expense arising out of the performance of the Services under this Contract, including, without limitation: (1) worker's compensation insurance in compliance with applicable state law; (2) comprehensive general liability insurance, insuring against property damage, personal injury and death, in an amount of no less than $1,000,000.00 per occurrence; (3) automobile liability insurance in an amount no less than $1,000,000.00; (4) umbrella liability insurance in an amount of no less than $1,000,000.00. Said insurance policies shall be with insurance carriers licensed to do business in Texas. The City shall be responsible for requiring that its subcontractors carry and maintain adequate insurance coverage. Section 11.2. Additional Insureds. The City shall name the EAA, Texas State, and the Texas State University System, and their respective officers, regents, directors and employees as "additional insureds" on all of the insurance policies specified in Subsection 11.1 above, or with respect to the worker's compensation insurance, contain waivers of subrogation by City and the insurance carrier in favor of the EAA and Texas State. Not later than the date of receipt of the written notice to proceed under Section 1.3, the City must provide the EAA and Texas State with certificates of insurance to be issued directly to the EAA and Texas State by the City's insurance agent, identifying the specified coverage. The City, through its agent of record, shall notify the EAA and Texas State of any changes in coverages within thirty (30) days prior to any effective date of change. Section 11.3. No limitations. The City's obligation to obtain and maintain the foregoing policy or policies in the amounts specified shall not be limited in any way by reason of any insurance which may be maintained by the EAA or Texas State, nor shall the City's performance of this obligation relieve it of liability under the indemnity provisions set forth in Section 12.2. ARTICLE XII — ASSUMPTION OF RISK AND INDEMNIFICATION Section 12.1. Risk. The City shall assume all risks associated with the City's or its subcontractors' performance under this Contract and shall waive any claim against the EAA and other participants for damages arising out of the performance of the Services under this Contract. Section 12.2. Indemnification. To the extent authorized by law, the City shall defend, indemnify and hold harmless the EAA, its directors, employees and agents from any and all damages, loss, or liability of any kind whatsoever, including the costs of litigation and attorneys' fees arising from (a) contracts or arrangements between the City and any third parties entered into in performing this Contract, (b) any claims brought by any person relating to this Contract or the Services provided hereunder, or (c) the quality of the Services or the performance of the Services covered by this Contract. 6of11