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<br />whether such services are rendered by the Engineer or by any of the <br /> <br />Engineer's <br /> <br />agents <br /> <br />or by anyone employed by ei ther. <br /> <br />Engineer, <br /> <br />the <br /> <br />Engineer's successors and assigns, hereby agree to maintain the same or <br /> <br />similar type, form and <br /> <br />amounts of professional liability coverage(s) <br /> <br />to cover lawful claims arising before or after completion of this <br />project and as a result of this project for as long as such coverage is <br /> <br />reasonably available after the completion of this Agreement or until <br />the expiration of applicable statute(s) of limitations, whichever first <br /> <br />occurs. <br /> <br />Insurance carriers insuring the Engineer in accordance with <br /> <br />this Agreement which are not rated by the most recent edition of Best's <br /> <br />Key Ratinq Guide, Property-Casualty, published by A.M. Best Company, or <br /> <br />insurance carriers having a rating lower than <br /> <br />B <br /> <br />as shown in the <br /> <br />most recent edition of said book, will not be approved by Owner unless <br /> <br />a guaranty bond acceptable to Owner from a carrier rated <br /> <br />B+ <br /> <br />or <br /> <br />higher guaranteeing payment of any and all claims against the Engineer <br /> <br />is furnished to Owner. <br /> <br />The <br /> <br />stated <br /> <br />limits <br /> <br />of <br /> <br />insurance <br /> <br />required by this Paragraph are <br /> <br />MINIMUM ONLY and it shall be the Engineer's responsibility to determine <br /> <br />what limits are adequate. <br /> <br />These minimum limits may be basic policy <br /> <br />limits or any combination of basic limits and umbrella limits. <br /> <br />The <br /> <br />Owner's acceptance of Certificates of Insurance that in any respect do <br /> <br />not comply with the requirements of this Agreement does not release the <br />Engineer from compliance herewith. <br /> <br />9.6 <br /> <br />The Engineer hereby affirms that Engineer and Engineer's firm <br /> <br />have not made or agreed to make any valuable gift whether in the form <br /> <br />of service, <br /> <br />loan, <br /> <br />thing or promise to any person or any of his/her <br /> <br />immediate family, having the duty to recommend, the right to vote upon, <br /> <br />or any other direct <br /> <br />influence <br /> <br />on <br /> <br />the <br /> <br />selection <br /> <br />of <br /> <br />consultants <br /> <br />to <br /> <br />provide professional design services to the Owner within the two years <br /> <br />)receding the execution of this Agreement. <br /> <br />A campaign contribution, as <br /> <br />defined <br /> <br />by <br /> <br />the <br /> <br />Election <br /> <br />Code <br /> <br />or the <br /> <br />City <br /> <br />of <br /> <br />San Marcos <br /> <br />Code <br /> <br />of <br /> <br />Ordinances shall not be considered as a valuable gift for the purposes <br /> <br />of this Agreement. <br /> <br />-17- <br />