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Res 2004-152
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Res 2004-152
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Last modified
7/28/2006 11:07:55 AM
Creation date
7/28/2006 10:56:36 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2004-152
Date
9/13/2004
Volume Book
157
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<br />I <br /> <br />I <br /> <br />I <br /> <br />arising in favor of any party, including the amounts of any damages or awards resulting from <br />claIms demands and causes of action for personal injuries, death or damages to property. ThIS <br />oblIgation by Engineer will not be limited by reason of the specificatIOn of any partIcular <br />insurance coverage in this Agreement. <br /> <br />9.2 The Engineer will procure and maintain at Engineer's expense insurance with msurance <br />companies authorized to do business in the State of Texas, covering all operations under thiS <br />Agreement, whether performed by Engineer or Engineer's agents, subcontractor or employees. <br />Before commencing the work the Engmeer wIll furnIsh to the City a certIficate or certIficates m <br />form satIsfactory to the CIty, showing that Engineer has complied with this paragraph A11 <br />certIficates will provide that the policy will not be changed or canceled until at least 30 days <br />written notice wIll have been given to the City, and will name the CIty as an additiOnal insured <br />on all coverages except workers' compensation and profeSSIOnal liabIlity. The kll1ds and <br />amounts of insurance reqUIred are as follows: <br /> <br />Workers' Compensation Insurance: In accordance with the provisions of the Workers' <br />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 $500,000.00 in the aggregate, (2) Motor Vehicle <br />liability insurance in an amount not less than $250,000.00 for mJuries to anyone person, <br />$500,000 on account of anyone aCCIdent and in an amount of not less than $250,00000 for <br />property damage and (3) professional liability coverage to cover lawful claIms ansmg 111 <br />connection with this Project in the combined single limit amount of at least $500,000 00. <br /> <br />The stated lImits of msurance required by this Paragraph are minimum only--they_do not <br />limit the Engmeer's indemmty obligation, and it wIll be the Engineer's responsibility to <br />determine what limits are adequate. These hmits may be basic pohcy lImits or any combll1atlon <br />of basic limIts and umbrella limits. The CIty's acceptance of Certificates of Insurance that do <br />not comply with these reqUIrements in any respect does not release the Engmeer from <br />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 any <br />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 statute of <br />limitatiOns wIll commence to run and any alleged cause of action will be deemed to have accrued <br />when the party commencing the cause of action knew or should have known of the eXistence of <br />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 tem1S of <br />this Agreement for any partisan political activity or to further the electIon or defeat of any <br /> <br />12 <br />
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