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Res 2017-071/approving an agreement with Alan Plummer Associates, Inc. for the provision of professional engineering services in connection with the Primrose Way Water Project in the not-to-exceed amount of $69,978.00
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Res 2017-071/approving an agreement with Alan Plummer Associates, Inc. for the provision of professional engineering services in connection with the Primrose Way Water Project in the not-to-exceed amount of $69,978.00
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5/9/2017 11:31:37 AM
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Resolutions
City Clerk - Type
Approving
Number
2017-71
Date
4/18/2017
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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 /> Attachment D 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 /> 5 <br />
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