Res 2003-118 - Laserfiche WebLink

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This will include, but not be limited to, the amounts of judgments, penalties, interest, court costs, reasonable legal fees, and ail other expenses incurred by the City arising in favor of any party, including the amounts of any damages or awards resulting from claims demands and causes of action for personal injuries, death or damages to property. This obligation by Engineer will not be limited by reason of the specification of any particular insurance coverage in this Agreement. 8.2 The Engineer will procure and maintain at Engineer's expense insurance with insurance companies authorized to do business in the State of Texas, covering all operations under this Agreement, whether performed by Engineer or Engineer's agents, subcontractor or employees. Before commencing the work the Engineer will furnish to the City a certificate or certificates in form satisfactmy to the City, showing that Engineer has complied with this paragraph. All certificates will provide that the policy will not be changed or canceled tmtil at least 30 days written notice will have been given to the City, and will name the City as an additional insured on ali coverages except workers' compensation and professional liability. The kinds and amounts of insurance required am as follows: Workers' Compensation Insurance: In accordance with the provisions of the Workers' Compensation Act of the State of Texas. Liability Insurance: (1) Commercial general liability insurance with a combined single limit of $500,000 for each occurrence and $500,000 in the aggregate, (2) Motor Vehicle liability insurance in an amotmt not less than $250,000 for injuries to any one person, $500,000 on account ofm~y one accident and in an amount of not less than $250,000 for property damage and (3) professional liability coverage to cover lawful claims arising in connection with this Project in the combined single limit amount of at least $500,000. The stated limits of insurance required by this Paragraph are minimum only--they_do not limit the Engineer's indemnity obligation, and it will be the Engineer's responsibility to determine what limits are adequate. These limits may be basic policy limits or any combination of basic limits and umbrella limits. The City's acceptance of Certificates of Insurance that do not comply with these requirements in any respect does not release the Engineer from compliance with these requirements. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 This Agreement is governed by the law of the State of Texas. Exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. 9.2 As to all acts or failures to act by either party to this Agreement, any applicable statute of limitations will commence to run and any alleged canse of action will be deemed to have accrued when the party commencing the cause of action knew or should have known of the existence of the subject act(s) or failure(s) to act. 9