Res 2016-007/approving a professional services agreement with K. Friese & Associates, Inc. for engineering services in connection with the Cheatham Street and Blanco River Waterline Bore Improvements Project in the not-to-exceed amount of $241,498.00

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ARTICLE 7 INSURANCE A. Coverage. The Engineer will procure and maintain on a primary basis, at the Engineer's expense and for the duration of this Agreement insurance with insurance companies authorized to do business in the State of Texas, covering all operations under this Agreement, whether performed by Engineer or Engineer's agents, subcontractors or employees. Before commencing the work, the Engineer will furnish to the City a certificate or certificates in form satisfactory to the City (See Attachment D for example), showing that the Engineer has complied with this paragraph. Before commencing the work and within five (5) business days of the City's award of a contract, the Engineer must deliver to the City a certificate(s) of insurance evidencing that such policies are in full force and effect. Failure to meet the stated insurance requirements and provide the required certificate(s) and any necessary endorsements within five business days may cause the contract to be terminated. The City reserves the right to obtain complete, certified copies of all required insurance policies at any time. The stated limits of insurance required by this Paragraph are minimum only --they do not limit the Engineer's indemnity obligation, and it will be the Engineer's responsibility to determine what limits are adequate. These limits may be met by basic policy limits or any combination of basic limits and umbrella limits. The City's acceptance of certificates of insurance that do not comply with these requirements in any respect does not release the Engineer from compliance with these requirements. The kinds and amounts of insurance required are as follows: 1) Workers' Compensation Insurance and/or Employer's Liability Insurance: In accordance with the provisions of the Workers' Compensation Act of the State of Texas and/or $500,000.00/$500,000.00 for Employer's Liability. 2) Commercial General Liability Liability Insurance: (1) Commercial general liability insurance with a combined single limit of $1,000,000 for each occurrence and $1,000,000 in the aggregate, Engineer agrees to maintain a standard ISO version Commercial General Liability occurrence form, or its equivalent providing coverage for, but not limited to, Bodily Injury and Property Damage, Premises/Operations, Products/Completed Operations, Independent Engineers. 3) Business Automobile Liability Insurance. — Limits of liability not less than $1,000,000.00 per occurrence. The Engineer agrees to maintain a standard ISO version Business Automobile Liability, or its equivalent, providing coverage for all owned, non -owned and hired automobiles. Should the Engineer not own any automobiles, the business auto liability requirement will be amended to allow the Engineer to agree to maintain only Hired and Non -Owned Auto Liability. This amended coverage requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto policy. 4) Professional Liability Insurance. — Limit of liability not less than $1,000,000 per occurrence Engineer agrees to maintain Professional (Errors & Omissions) Liability to pay on behalf of the insured all sums which the insured will become legally obligated to pay as damages by reason of any act, malpractice, error or