|
Docusign Envelope ID: B94A7A7D-AOC2-4E5C-867B-62FAAB4A6E80
<br /> Commercial General Liability Insurance: Including Bodily Injury and Property Damage Liability,
<br /> Independent Contractors Liability, Contractual Liability, Product Liability and Completed Operations
<br /> Liability in an amount not less than $1,000,000 combined single limit, per occurrence, and $2,000,000
<br /> aggregate. City will be included as an additional insured party.
<br /> Umbrella Form Excess Liability with minimum limits of$1,000,000. Umbrella coverage must follow
<br /> form with the primary coverage.
<br /> Workers' compensation insurance in accordance with and as required by the Workers' Compensation
<br /> Act of the State of Texas in amounts sufficient to satisfy statutory requirements or
<br /> $500,000.00/$500,000.00 for Employer's Liability. Worker's Compensation policy shall include a waiver
<br /> of subrogation in favor of the Owner.
<br /> Certificate of coverage or certificate means a copy of a certificate of insurance, a certificate of authority
<br /> to self-insure issued by the Commission, or a coverage agreement(TWCC-81, TWCC-82, TWCC-83, or
<br /> TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's
<br /> employees providing services on the Project, for the duration of the Project.
<br /> Professional Liability: Shall maintain or renew professional liability with $2,000,000 limits per claim
<br /> and in the aggregate for a time period equal to the State of Texas' statue of repose for engineers and
<br /> architects after substantial completion of the project or provide an extended reporting period for the time
<br /> period equal to the State of Texas' statue of repose for engineers and architects after substantial
<br /> completion of the project.
<br /> Upon request,the Firm shall furnish complete sets of its insurance policies to Owner for review.If additional
<br /> insurance or changes to this article are required,they shall be explicitly laid out in Exhibit 1.
<br /> ARTICLE 13
<br /> INDEMNITY
<br /> PROFESSIONAL DOES HEREBY COVENANT AND CONTRACT TO WAIVE ANY AND ALL
<br /> CLAIMS,RELEASE,INDEMNIFY,AND HOLD HARMLESS CITY,ITS CITY COUNCIL,OFFICERS,
<br /> EMPLOYEES, AND AGENTS, FROM AND AGAINST ALL LIABILITY, CAUSES OF ACTION,
<br /> CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LOSSES, PENALTIES
<br /> OR SUITS,WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PERSONS OR PROPERTY,
<br /> CAUSED BY OR RESULTING FROM THE NEGLIGENCE,INTENTIONAL TORT, INTELLECTUAL
<br /> PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBPROFESSIONAL OR SUPPLIER
<br /> COMMITTED BY PROFESSIONAL, ITS AGENTS, OR CONSULTANTS UNDER CONTRACT, OR
<br /> ANY OTHER ENTITY OVER WHICH PROFESSIONAL EXERCISES CONTROL, SUBJECT TO THE
<br /> LIMITATIONS IN TEXAS LOCAL GOVERNMENT CODE § 271.904 AND TEXAS CIVIL PRACTICE
<br /> AND REMEDIES CODE, § 130.002 (b) AND PROFESSIONAL WILL, AT ITS OWN COST AND
<br /> EXPENSE, DEFEND AND PROTECT CITY AGAINST ANY AND ALL SUCH CLAIMS AND
<br /> DEMANDS.
<br /> THE INDEMNIFICATION UNDER THIS SECTION SHALL INCLUDE REASONABLE
<br /> ATTORNEYS'FEES AND COSTS,COURT COSTS,AND SETTLEMENT COSTS IN PROPORTION TO
<br /> PROFESSIONAL'S LIABILITY.
<br /> PROFESSIONAL'S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO
<br /> THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED
<br /> BY PROFESSIONAL UNDER THIS AGREEMENT. THIS SECTION (INDEMNIFICATION) SHALL
<br /> SURVIVE THE TERMINATION OF THIS AGREEMENT.
<br /> Rev 12.12.2024 Page 9 of 14
<br />
|