Res 2011-153 - Laserfiche WebLink

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sureties will be held liable until such suit or suits, action or actions, claim or claims for injury or damages as aforesaid have been settled and satisfactory evidence to that effect has been furnished to the City. This will include, but not be limited to, the amounts of judgments, penalties, interest, court costs, reasonable legal fees, and all other expenses incurred by the City arising in favor of any party, including the amounts of any damages or awards resulting from claims demands and causes of action for personal injuries, death or damages to property alleged or actual infringement of patents, copyrights, and trademarks and without limitation by enumeration, all other claims, demands, or causes of action of every character occurring, resulting, or arising from any negligent or intentional wrongful act, error or omission of the Consultant and/or its agents and/or employees. This obligation by Consultant will not be limited because of the specification of any particular insurance coverage in this Agreement. ARTICLE 7 INSURANCE A. Coverage. The Consultant will procure and maintain on a primary basis, at the Consultant's expense and for the duration of this Agreement insurance with insurance companies authorized to do business in the State of Texas, covering all operations under this Agreement, whether performed by Consultant or Consultant's agents, subcontractors or employees. Before commencing the work, the Consultant will furnish to the City a certificate or certificates in form satisfactory to the City (See Attachment D for example), showing that the Consultant has complied with this paragraph. Before commencing the work and within five (5) business days of the City's award of a contract, the Consultant must deliver to the City a certificate(s) of insurance evidencing that such policies are in full force and effect. Failure to meet the stated insurance requirements and provide the required certificate(s) and any necessary endorsements within five business days may cause the Agreement to be terminated. The City reserves the right to obtain complete, certified copies of all required insurance policies at any time. The stated limits of insurance required by this Paragraph are minimum only - -they do not limit the Consultant's indemnity obligation, and it will be the Consultant's responsibility to determine what limits are adequate. These limits may be met by basic policy limits or any combination of basic limits and umbrella limits. The City's acceptance of certificates of insurance that do not comply with these requirements in any respect does not release the Consultant from compliance with these requirements. The kinds and amounts of insurance required are as follows: 1) Workers' Compensation Insurance and/or Employer's Liability Insurance: In accordance with the provisions of the Workers' Compensation Act of the State of Texas and/or $500,000.00 /$500,000.00 for Employer's Liability. 2) Commercial General Liability Liability Insurance: (1) Commercial general liability insurance with a combined single limit of $1,000,000 for each occurrence and $1,000,000 in the aggregate, Consultant agrees to maintain a standard ISO version Commercial General Liability occurrence form, or its equivalent providing coverage for, but not limited to, Bodily Injury and Property Damage, Premises /Operations, Products /Completed Operations, Independent Consultants. 5