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Res 2006-071
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Res 2006-071
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Last modified
8/14/2006 11:44:42 AM
Creation date
8/14/2006 11:44:06 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-71
Date
4/18/2006
Volume Book
167
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<br />I <br /> <br />I <br /> <br />I <br /> <br />notice to the Project Architect. <br /> <br />8.4 In the event of termination as provided in this Article, the Project Architect will be <br />compensated for all services performed to termination date which are deemed by the City to be <br />in accordance with this Agreement. This amount will be paid by the City upon the Project <br />Architect's delivering to the City all information and materials developed or accumulated by the <br />Project Architect in performing the services described in this Agreement, whether completed or <br />in progress. The expense of reproduction of these items will be borne by the City. These items <br />will be subject to Section 7.01 of this Agreement. <br /> <br />ARTICLE 9 <br />INSURANCE AND INDEMNITY <br /> <br />9.1 The Project Architect will indemnify, hold harmless and defend the City and its <br />employees, agents, officers and servants from any and all lawsuits, claims, demands and causes <br />of action of any kind arising from the negligent or intentional acts or omissions of the Project <br />Architect, its officers, employees or agents. This will include, but not be limited to, the amounts <br />of judgments, penalties, interest, court costs, reasonable legal fees, and all other expenses <br />incurred by the City arising in favor of any party, including the amounts of any damages or <br />awards resulting from claims demands and causes of action for personal injuries, death or <br />damages to property. This obligation by Project Architect will not be limited by reason of the <br />specification of any particular insurance coverage in this Agreement. <br /> <br />9.2 The Project Architect will procure and maintain at Project Architect's expense insurance <br />with insurance companies authorized to do business in the State of Texas, covering all operations <br />under this Agreement, whether performed by Project Architect or Project Architect's agents, <br />subcontractor or employees. Before commencing the work the Project Architect will furnish to <br />the City a certificate or certificates in form satisfactory to the City, showing that Project <br />Architect has complied with this paragraph. All certificates will provide that the policy will not <br />be changed or canceled until at least 30 days written notice will have been given to the City, and <br />will 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 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 injuries to anyone person, <br />$500,000 on account of anyone accident and in an amount of not less than $250,000.00 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 $500,000.00. <br /> <br />The stated limits of insurance required by this Paragraph are minimum only-they do <br />not limit the Project Architect's indemnity obligation, and it will be the Project Architect's <br />responsibility to determine what limits are adequate. These limits may be basic policy limits or <br /> <br />19 <br />
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