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Res 2007-078
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Res 2007-078
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Last modified
8/23/2007 2:57:08 PM
Creation date
5/3/2007 5:13:02 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2007-78
Date
5/1/2007
Volume Book
171
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<br />claims demands and causes of action for personal injuries, death or damages to property. This I <br />obligation by Consultant will not be limited by reason of the specification of any particular <br />insurance coverage in this Agreement. <br /> <br />8.2 The Consultant will procure and maintain at Consultant's expense insurance with <br />insurance companies authorized to do business in the State of Texas, covering all operations <br />under this Agreement, whether performed by Consultant or Consultant's agents, subcontractor or <br />employees. Before commencing the work the Consultant will furnish to the City a certificate or <br />certificates in form satisfactory to the City, showing that Consultant has complied with this <br />paragraph. All certificates will provide that the policy will not be changed or canceled until at <br />least 30 days written notice will have been given to the City, and will name the City as an <br />additional insured on all coverage except workers' compensation and professional Liability. The <br />kinds and amounts of insurance required are as follows: <br /> <br />Workers' Compensation Insurance: The Consultant certifies that it as does not have any <br />employees, paid or unpaid, and has executed Attachment B regarding Workers Compensation <br />Insurance. At such time as the Consultant does employ others it will provide Workers' <br />Compensation Insurance in accordance with the provisions of the Workers' Compensation Act of <br />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, I <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 not Limit <br />the Consultant's indemnity obligation, and it will be the Consultant's responsibility to determine <br />what limits are adequate. These limits may be basic policy limits or any combination of basic <br />limits and umbrella limits. The City's acceptance of Certificates of Insurance that do not comply <br />with these requirements in any respect does not release the Consultant from compliance with <br />these requirements. <br /> <br />ARTICLE 9 <br />MISCELLANEOUS PROVISIONS <br /> <br />9.1 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 />9.2 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 pay 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 />I <br /> <br />Automated Meter Reading Contract <br /> <br />Page 8 of 14 <br />
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