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Res 2006-206
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Res 2006-206
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Last modified
4/17/2007 3:48:05 PM
Creation date
12/6/2006 1:03:19 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-206
Date
12/4/2006
Volume Book
170
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<br />I <br /> <br />I <br /> <br />I <br /> <br />any kind arising from the negligent or intentional acts or omissions of the Architect, its officers, <br />employees or agents. This will include, but not be limited to, the amounts of judgments, <br />penalties, interest, court costs, reasonable legal fees, and all other expenses incurred by the City, <br />including the amounts of any damages or awards resulting from claims demands and causes of <br />action for personal injuries, death or damages to property. This obligation by Architect will not <br />be limited by reason of the specification of any particular insurance coverage in this Agreement. <br /> <br />9.2 The Architect will procure and maintain at Architect's expense insurance with insurance <br />companies authorized to do business in the State of Texas, covering all operations under this <br />Agreement, whether performed by Architect or Architect's agents, subcontractor or employees. <br />Before commencing the work the Architect will furnish to the City a certificate or certificates in <br />form satisfactory to the City, showing that Architect has complied with this paragraph. All <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 kinds 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: (I) 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 Architect's indemnity obligation, and it will be the Architect's responsibility to <br />determine what limits are adequate. These limits may be basic policy limits or any combination <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 Architect from <br />compliance with these requirements. <br /> <br />ARTICLE 10 <br />MISCELLANEOUS PROVISIONS <br /> <br />10.1 This Agreement is governed by and will be construed under the laws of the State of <br />Texas. All obligations of both parties are performable and exclusive venue for any dispute <br />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 /> <br />11 <br />
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