|
ARTICLE 8
<br />INSURANCE AND INDEMNITY
<br />8.1 The Consultant will indemnify, hold harmless and defend the City and its employees,
<br />agents, officers and servants from any and all lawsuits, claims, demands and ceruses of action
<br />of any kind arising solely from the negligent or intentional wrongful acts or omissions of the
<br />Consultant, its officers, employees or agents. This will include, but not be limited to, the
<br />amounts of judgments, penalties, interest, court costs, reasonable legal fees, expert witness fees
<br />and all other expenses incurred by the City arising in favor of any party, including the amounts
<br />of any damages or awards resulting from claims demands and causes of action for personal
<br />injuries, death or damages to property, alleged or actual infringement of patents, copyrights and
<br />trademarks in the performance of the work or the incorporation in the work of any invention,
<br />design, process, product or device and without limitation by enumeration, all other claims,
<br />demands, or causes of action of every character occurring, resulting, or arising from any
<br />negligent or intentional wrongful act, error or omission of the Consultant and/or its agents
<br />andlor employees. This obligation by Consultant will not be limited because of the specification
<br />of any particular insurance coverage in this Agreement.
<br />8.2 The Consultant will procure and maintain at Consultant's expense insurance with insurance
<br />companies authorized to do business in the State of Texas, covering all operations under this
<br />Agreement, whether performed by Consultant or Consultant's agents, subcontractors or
<br />employees. Before commencing the work, the Consultant will furnish to the City a certificate or
<br />certificates in form satisfactory to the City, showing that Consultant has complied with this
<br />paragraph. All certificates will provide that the policy will not be canceled until at least 30 calendar
<br />days written notice has been given to the City. Failure of the Consultant to demand a certificate
<br />or other sufficient evidence of full compliance with these insurance requirements or failure of the
<br />Consultant to identify a deficiency from the evidence that is provided as proof of insurance will
<br />not be construed as a waiver of the Consultant's obligation to maintain the required insurance
<br />coverage specified herein. Commercial general liability insurance and motor vehicle insurance
<br />will be written with the City of San Marcos, Texas as an additional insured and will be endorsed
<br />to provide a waiver of the carrier's right of subrogation against the City. The kinds and amounts
<br />of insurance required are as follows:
<br />Workers' Compensation Insurance and/or Employer's Liability: In accordance with the
<br />provisions of the Workers' Compensation Act of the State of Texas and/or
<br />$500,000.00/$500,000.00 for Employer's Liability.
<br />Liability Insurance: (1) Commercial general liability insurance (standard ISO version) with
<br />a combined single limit of $1,000,000 for each occurrence and $1,000,000 in the aggregate,
<br />providing coverage for, but not limited to, bodily injury and property damage, premises/operations,
<br />products/completed operations, independent Consultants as applicable (2) Business Motor Vehicle
<br />liability insurance (standard ISO version) in an amount not less than $1,000,000 per occurrence
<br />(3) professional liability coverage to cover lawful claims arising in connection with the Project in
<br />AECOM Agreement for Disaster Recovery Support Services 1/17/2017
<br />11
<br />
|