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Res 2017-126/approving an Agreement between Tetra Tech, Inc. of San Antonio, Texas and the City of San Marcos for Professional Engineering Services to update the City’s Storm Water Technical Manual and Low Impact Development Technical Appendix
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Res 2017-126/approving an Agreement between Tetra Tech, Inc. of San Antonio, Texas and the City of San Marcos for Professional Engineering Services to update the City’s Storm Water Technical Manual and Low Impact Development Technical Appendix
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Approving
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2017-126
Date
8/15/2017
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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 Insurance: (1) Commercial general liability <br /> insurance with a combined single limit of $1,000,000 for each occurrence and <br /> $1,000,000 in the aggregate, Engineer agrees to maintain a standard ISO version <br /> Commercial General Liability occurrence form, or its equivalent providing <br /> coverage for, but not limited to, Bodily Injury and Property Damage, <br /> Premises/Operations, Products/Completed Operations, Independent Engineers. <br /> 3) Business Automobile Liability Insurance. — Limits of liability not less than <br /> $1,000,000.00 per occurrence. The Engineer agrees to maintain a standard ISO <br /> version Business Automobile Liability, or its equivalent,providing coverage for all <br /> owned, non-owned and hired automobiles. Should the Engineer not own any <br /> automobiles, the business auto liability requirement will be amended to allow the <br /> Engineer to agree to maintain only Hired and Non-Owned Auto Liability. This <br /> 5 <br />
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