Harris County Flood Control District - bike and pedestrian trail to be built on HCFCD property

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XII. Indemnification bv Contractor and Insurance Requirements The City will cause to be inserted in the construction contract for the Trail an agreement that the contractor will indemnify, protect, covenant not to sue, release, and save and hold harmless the City and the Harris County Flood Control District and all their representatives from all suits, actions, or claims of any character brought on account of any injuries or damages sustained by any person or property in consequence of any neglect in safeguarding the work or through the use of unacceptable materials in the construction of the Trail or any associated improvements, or on account of any act of omission by the contractor. The City shall furthermore require that the construction contractor's insurance policies name the Harris County Flood Control District as an insured. Such insurance policies shall include not less than the minimum coverages as stated in the current "Harris County General Conditions for Roads, Bridges and Related Work." The City shall at all times keep and maintain during the term of this Agreement, at their own expense, a general liability insurance policy covering the Trail and all facilities and activities associated therewith, with coverage in the amount of not less than ONE HUNDRED THOUSAND DOLLARS ($100,000.00) for injury to or death of anyone person and not less than THREE HUNDRED THOUSAND DOLLARS ($300,000.00) for injury to or death of more than one person in anyone accident or occurrence, and not less than ONE HUNDRED THOUSAND DOLLARS ..~ ($100,000.00) for any single occurrence for damage to or destruction of property, or in the amounts of the HCFCD's maximum limitations under the Texas Tort Claims Act, whichever amounts shall be greater for covering HCFCD. Said policy(ies) shall name the Harris County Flood Control District as an insured. The City shall deliver a copy of each such policy to the Director of the District within fifteen (15) days after the effective date of this Agreement. Not later than thirty (30) days after the expiration date of each policy, the City shall furnish a copy of a renewal insurance policy to the Director of the District. XIII. Not Joint Enterprise, Emplovee, Nor Aoent This Agreement is not intended to and shall not create a joint enterprise between the City and the District. It is understood and agreed that the District and the District's personnel shall not be considered employees, agents, partners, joint venturers, or servants of the City. It is also understood and agreed that the City's personnel shall not be considered employees, agents, partners, joint venturers, or servants of the District. The parties are undertaking governmental functions or services under this Agreement and the purpose hereof is solely to further the public good, rather than any pecuniary purpose. The party undertaking work under this Agreement shall have a superior right to control the direction and management of such work and the responsibility for day-to-day management and control of such work except as may otherwise expressly be provided herein. XIV. No Intent to Dedicate The City's use of the District's Property set out herein is intended by the parties to be temporary in nature. Neither the District nor the City intend to designate any part of the Trail as a park, recreation area, scientific area, wildlife refuge, or historic site for any purpose, including TEX. PARKS & WILD. CODE ANN. Ch. 26, as amended, or to dedicate any part of the Trail as a park for any purpose, - 5 -