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Res 2017-122/approving a Professional Services Agreement with Kimley-Horn And Associates, Inc. for the provision of Engineering Services in connection with the Wonder World Drive / Hunter Road Intersection Pedestrian and Bike Lane Improvements
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Res 2017-122/approving a Professional Services Agreement with Kimley-Horn And Associates, Inc. for the provision of Engineering Services in connection with the Wonder World Drive / Hunter Road Intersection Pedestrian and Bike Lane Improvements
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Resolutions
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Approving
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2017-122
Date
8/15/2017
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or responsible for the negligence of the Engineer, its officers, employees, agents, subcontractors, <br /> invitees, licensees, and other persons. <br /> E. The Engineer will indemnify, hold harmless and defend the City and all its employees, <br /> agents, officers and servants from any and all lawsuits, claims, demands and causes of action of <br /> any kind arising solely from the negligent or intentional wrongful acts or omissions of the <br /> 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 /> 5 <br />
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