|
<br /> 13DF-
<br /> action of any kind arising from the negligent or intentional wrongful acts, errors or
<br /> omissions of the CONSTRUCTION MANAGER, its employees or agents, This will include,
<br /> but not be limited to, the amounts of judgments, penalties, interest, court costs, legal fees,
<br /> and all other expenses incurred by the CITY arising in favor of any party, including the
<br /> amounts of any damages or awards resulting from claims demands and causes of action
<br /> for personal injuries, death or damages to property and without limitation by enumeration,
<br /> all other claims, demands, or causes of action of every character occurring" resulting, or
<br /> arising from any negligent or intentional wrongful act, error or omission of the
<br /> CONSTRUCTION MANAGER and/or its agents and/or employees, This Agreement by
<br /> CONSTRUCTION MANAGER will not be limited by reason of the specification of any
<br /> particular insurance coverage in this Agreement.
<br /> 8.2 The CONSTRUCTION MANAGER will procure and maintain at its expense
<br /> insurance in the kinds and amounts hereinafter provided with insurance companies
<br /> authorized to d~ business in the State of Texas, covering all operations under this
<br /> Agreement, whether performed by CONSTRUCTION MANAGER or its agents,
<br /> subcontractors or employees. Before commencing the work the CONSTRUCTION
<br /> MANAGER will furnish to the CITY a certificate or certificates in form satisfactory to the
<br /> CITY, showing that CONSTRUCTION MANAGER has complied with this paragraph, All
<br /> certificates will provide that the policy will not be changed or canceled until at least 30 days
<br /> written notice will have been given to the CITY, and will name the CITY as an additional
<br /> insured, 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: (a) General liability insurance with a combined single limit of
<br /> $1,000,000 for each occurrence and $1,000,000 in the aggregate, (b) Motor Vehicle
<br /> liability insurance in an amount not less than $1,000,000 for injuries to anyone person,
<br /> $1,000,000 on account of anyone accident and in an amount of not less than $1,000,000
<br /> for property damage and (c) professional liability coverage to cover lawful claims arising
<br /> in connection 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 CONSTRUCTION MANAGER's responsibility to determine what limits are
<br /> adequate. These minimum 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 in any
<br /> respect do not comply with the requirements of this Agreement does not release the
<br /> CONSTRUCTION MANAGER from compliance herewith,
<br /> ARTICLE 9
<br /> MISCELLANEOUS PROVISIONS
<br /> 9.1 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 />
|