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Res 2000-155
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Res 2000-155
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7/24/2006 11:23:40 AM
Creation date
7/24/2006 11:23:14 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2000-155
Date
8/28/2000
Volume Book
141
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<br />arising in favor of any party, including the amounts of any damages or awards resulting <br />from claims demands and causes of action for personal injuries, death or damages to <br />property. This obligation by Engineer will not be limited by reason of the specification of <br />any particular insurance coverage in this Agreement. <br /> <br />9.2 The Engineer will procure and maintain at Engineer's expense insurance with <br />insurance companies authorized to do business in the State of Texas, covering all <br />operations under this Agreement, whether performed by Engineer or Engineer's agents, <br />subcontractor or employees. Before commencing the work the Engineer will furnish to the <br />City a certificate or certificates in form satisfactory to the City, showing that Engineer has <br />complied with this paragraph. All certificates will provide that the policy will not be changed <br />or canceled until at least 30 days written notice will have been given to the City, and will <br />name the City as an additional insured on all coverages except workers' compensation and <br />professional liability. The kinds and amounts of insurance required are as follows: <br /> <br />Workers' Compensation Insurance: In accordance with the provisions of the <br />Workers' Compensation Act of the State of Texas. <br /> <br />Liability Insurance: (1) Commercial general liability insurance with a combined single <br />limit of $500,000 for each occurrence and $500,000 in the aggregate, (2) Motor Vehicle <br />liability insurance in an amount not less than $250,000 for injuries to anyone person, <br />$500,000 on account of anyone accident and in an amount of not less than $250,000 for <br />property damage and (3) professional liability coverage to cover lawful claims arising in <br />connection with this Project in the combined single limit amount of at least $500,000. <br /> <br />The stated limits of insurance required by this Paragraph are minimum only--they <br />do not limit the Engineer's indemnity obligation, and it will be the Engineer's responsibility <br />to determine what limits are adequate. These limits may be basic policy limits or any <br />combination of basic limits and umbrella limits. The City's acceptance of Certificates of <br />Insurance that do not comply with these requirements in any respect does not release the <br />Engineer from compliance with these requirements. <br /> <br />ARTICLE 10 <br />MISCELLANEOUS PROVISIONS <br /> <br />10.1 This Agreement is governed by the law of the State of Texas. Exclusive venue for <br />any dispute arising under this Agreement is in Hays County, Texas. <br /> <br />10.2 As to all acts or failures to act by either party to this Agreement, any applicable <br />statute of limitations will commence to run and any alleged cause of action will be deemed <br />to have accrued when the party commencing the cause of action knew or should have <br />known of the existence of the subject act(s) or failure(s) to act. <br /> <br />10.3 The Engineer will not use funds received by it directly or indirectly under the terms <br /> <br />11 <br />
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