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Res 1997-091
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Res 1997-091
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Last modified
6/11/2007 3:39:20 PM
Creation date
6/11/2007 3:39:20 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1997-91
Date
6/9/1997
Volume Book
129
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<br /> - Jft /) <br /> the City arising in favor of any party, including the amounts of any damages or awards <br /> resulting from claims demands and causes of action for personal injuries, death or <br /> damages to property and without limitation by enumeration, all other claims, demands, or <br /> causes of action of every character occurring, resulting, or arising from any negligent or <br /> intentional wrongful act, error or omission of the Engineer and/or its agents and/or <br /> employees. <br /> 7.2 The Engineer will procure and maintain at its expense insurance in the kinds and <br /> amounts hereinafter provided with insurance companies authorized to do business in the <br /> State of Texas, covering all operations under this Agreement, whether perfor.med by the <br /> Engineer or its agents, subcontractors or employees. Before commencing the work the <br /> Engineer will furnish to the City a certificate or certificates in form satisfactory to the City, <br /> showing that Engineer has complied with this paragraph. All certificates will provide that <br /> the policy will not be materially changed or canceled until at least 30 days written notice <br /> will have been given to the City, and will name the City as an additional insured on all <br /> policies except workers' compensation and professional liability. Kinds and amounts of <br /> 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: (a) General liability insurance with a combined single limit of <br /> $500,000 for each occurrence and $500,000 in the aggregate, (b) Motor Vehicle liability <br /> insurance in an amount not less than $500,000 for injuries to anyone person, $1,000,000 <br /> on account of anyone accident and in an amount of not less than $1,000,000 for property <br /> damage and (c) professional liability coverage to cover lawful claims arising in connection <br /> with this Project with a limit of at least $1,000,000 annual aggregate. <br /> The stated limits of insurance required by this Paragraph are MINIMUM ONLY and <br /> it will be the Engineer's responsibility to determine what limits are adequate. These <br /> minimum limits may be basic policy limits or any combination of basic limits and umbrella <br /> limits. The City's acceptance of Certificates of Insurance that in any respect do not comply <br /> with the requirements of this Agreement does not release the Engineer from compliance <br /> herewith. <br /> ARTICLE 8 <br /> MISCELLANEOUS PROVISIONS <br /> 8.1 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 /> 8.2 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 /> 5 <br />
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