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Res 1998-134
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Res 1998-134
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4/23/2007 5:01:44 PM
Creation date
4/16/2007 4:12:01 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1998-134
Date
7/13/1998
Volume Book
133
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<br /> 8.4 In the event of termination as provided in this Article, the Engineer will be <br /> compensated for all services performed to termination date which are deemed by the City <br /> to be in accordance with this Agreement. This amount will be paid by the City upon the <br /> Engineer's delivering to the City all information and materials developed or accumulated <br /> by the Engineer in performing the services described in this Agreement, whether <br /> completed or in progress. The expense of reproduction of these items will be borne by the <br /> City. <br /> ARTICLE 9 <br /> INSURANCE AND INDEMNITY <br /> 9.1 The Engineer will indemnify, hold harmless and defend the City and its employees, <br /> agents, officers and servants from any and all lawsuits, claims, demands and causes of <br /> action of any kind arising from the negligent or intentional acts or omissions of the <br /> Engineer, its officers, employees or agents. This will include, but not be limited to, the <br /> amounts of judgments, penalties, interest, court costs, reasonable legal fees, and all other <br /> expenses incurred by the City arising in favor of any party, including the amounts of any <br /> damages or awards resulting from claims demands and causes of action for personal <br /> injuries, death or damages to property. This Agreement by Engineer will not be limited by <br /> reason of the specification of any particular insurance coverage in this Agreement. <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 /> Workers' Compensation Insurance: In accordance with the provisions of the <br /> Workers' Compensation Act of the State of Texas. <br /> Liability Insurance: (1) Commercial general liability insurance with a combined single <br /> limit of $500,00 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 $500,000.00. <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 /> 11 <br />
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