09 - Pump Track Construction Contract with American Ramp Company

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INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY. In its sole discretion, the OWNER shall have the right to approve counsel to be retained by CONTRACTOR in fulfilling its obligation to defend and indemnify the OWNER. CONTRACTOR shall retain approved counsel for the OWNER within seven (7) business days after receiving written notice from the OWNER that it is invoking its right to indemnification under this Construction Agreement. If CONTRACTOR does not retain counsel for the OWNER within the required time, then the OWNER shall have the right to retain counsel and the CONTRACTOR shall pay these attorneys' fees and expenses. The OWNER retains the right to provide and pay for any or all costs of defending indemnified items, but it shall not be required to do so. To the extent that OWNER elects to provide and pay for any such costs, CONTRACTOR shall indemnify and reimburse OWNER for such costs. (Please note that this "broad -form" indemnification clause is not prohibited by Chapter 151 of the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105 of the Texas Insurance Code.) E. Insurance Requirements 1. Before commencing work, the CONTRACTOR shall, at its own expense, procure, pay for and maintain the following insurance coverage written by companies approved by the State of Texas and acceptable to the City of Paris. The CONTRACTOR shall furnish to the City of Paris City Clerk o, FGhasing AgepA such policies settifisates of insurance executed by the insurer or its authorized agent stating the type of coverages, limits of each such coverage, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: City of Paris 150 SE 1st Street Paris, TX 75460 (a) Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent CONTRACTORs and Contractual Liability, with minimum combined single limits of $1,000,000 per -occurrence, $1,000,000 Products/Completed Operations Aggregate and $1,000,000 general aggregate. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. (b) Workers' Compensation insurance with statutory limits; and Employers' Liability coverage with minimum limits for bodily injury: a) by accident, $100,000 each accident, b) by disease, $100,000 per employee with a per policy aggregate of $500,000. 4