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Res 2016-181/approving an agreement with Freese & Nichols, Inc. for the provision of Professional Engineering Services in connection with the Travis Street/Heritage Drainage Outfall Project in the not-to-exceed amount of $525,375.00
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Res 2016-181/approving an agreement with Freese & Nichols, Inc. for the provision of Professional Engineering Services in connection with the Travis Street/Heritage Drainage Outfall Project in the not-to-exceed amount of $525,375.00
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Resolutions
City Clerk - Type
Approving
Number
2016-181
Date
12/20/2016
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Engineer, its officers, employees or agents or by or on account of any claims or amounts recovered <br />under the Workers' Compensation Laws of Texas or any other law, ordinance, order or decree, <br />and its sureties will be held liable until such suit or suits, action or actions, claim or claims for <br />injury or 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, penalties, <br />interest, court costs, reasonable legal fees, and all other expenses incurred by the City arising in <br />favor of any party, including the amounts of any damages or awards resulting from claims demands <br />and causes of action for personal injuries, death or damages to property alleged or actual <br />infringement of patents, copyrights, and trademarks and without limitation by enumeration, all <br />other claims, demands, or causes of action of every character occurring, resulting, or arising solely <br />from any negligent or intentional wrongful act, error or omission of the Engineer and/or its agents <br />and/or employees. This obligation by Engineer will not be limited because of the specification of <br />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 to <br />do business in the State of Texas, covering all operations under this Agreement, whether performed <br />by Engineer or Engineer's agents, subcontractors or employees. Before commencing the work, <br />the Engineer will furnish to the City a certificate or certificates in form satisfactory to the City (See <br />Exhibit E for example), showing that the Engineer has complied with this paragraph. Before <br />commencing the work and within five (5) business days of the City's award of a contract, the <br />Engineer must deliver to the City a certificate(s) of insurance evidencing that such policies are in <br />full force and effect. Failure to meet the stated insurance requirements and provide the <br />required certificate(s) and any necessary endorsements within five business days may cause the <br />contract to be terminated. The City reserves the right to obtain complete, certified copies of all <br />required insurance policies at any time. The stated limits of insurance required by this Paragraph <br />are minimum only --they do not limit the Engineer's indemnity obligation, and it will be the <br />Engineer's responsibility to determine what limits are adequate. These limits may be met by basic <br />policy limits or any combination of basic limits and umbrella limits. The City's acceptance of <br />certificates of insurance that do not comply with these requirements in any respect does not release <br />the Engineer from compliance with these requirements. The kinds and amounts of insurance <br />required are as follows: <br />1) Workers' Compensation Insurance and/or Employer's Liability Insurance: In <br />accordance with the provisions of the Workers' Compensation Act of the State of <br />Texas and/or $500,000.00/$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 providing <br />
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