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Res 1998-224
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Res 1998-224
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Last modified
4/27/2007 3:04:56 PM
Creation date
4/26/2007 4:57:35 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1998-224
Date
12/7/1998
Volume Book
135
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<br /> damages or awards resulting from claims demands and causes of action for personal <br /> injuries, death or damages to property. This obligation of the Engineer will not be limited <br /> by 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 /> combination of basic limits and umbrella limits. The City's acceptance of Certificates of <br /> Insurance that do not comply with these requirements in any respect does not release the <br /> Engineer from compliance with these requirements. <br /> ARTICLE 10 <br /> MISCELLANEOUS PROVISIONS <br /> 10.1 This Agreement is governed by the law of the State of Texas. Exclusive venue for <br /> any dispute arising under this Agreement is in Hays County, Texas. <br /> 10.2 As to all acts or failures to act by either party to this Agreement, any applicable <br /> statute of limitations will commence to run and any alleged cause of action will be deemed <br /> to have accrued when the party commencing the cause of action knew or should have <br /> known of the existence of the subject act(s) or failure(s) to act. <br /> 10.3 The Engineer will not use funds received by it directly or indirectly under the terms <br /> of this Agreement for any partisan political activity or to further the election or defeat of any <br /> 6 <br />
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