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<br />I <br /> <br />I <br /> <br />I <br /> <br />written notice will have been given to the City, and will name the City as an additIOnal insured <br />011 all coverages except workers' compensatIOn and professional liability. The kinds and <br />amounts of insurance reqUIred are as follows: <br /> <br />Workers' Compensation Insurance: In accordance with the provisions of the Workers' <br />Compensation Act of the State of Texas. <br /> <br />Liability Insurance: (1) CommercIa] general liabIlity msurance with a combmed single <br />limit of $500,000 for each occurrence and $500,000.00 in the aggregate, (2) Motor Vehicle <br />liability insurance in an amount not less than $250,000.00 for injuries to anyone person, <br />$500,000 on account of anyone accident and in an amount of not less than $250,000.00 for <br />property damage and (3) professIOnal hablllty coverage to cover lawful claims arismg in <br />connection WIth this Project in the combined smgle hmit amount of at least $500,000.00. <br /> <br />The stated limits of msurance required by thIS Paragraph are minimum only-they do <br />not limit the Engineer's mdemnity obhgation, and It will be the Engmeer's responsibility to <br />detennine what limits are adequate. These limits may be basic policy limits or any combmation <br />of basIc limits and umbrella limits. The CIty's acceptance of CertIficates of Insurance that do <br />not comply with these requirements m any respect does not release the Engineer from <br />compliance with these requirements. <br /> <br />ARTICLE 10 <br />MISCELLANEOUS PROVISIONS <br /> <br />10.1 This Agreement is governed by and will be construed under the laws of the State of <br />Texas. All obligatIOns of both partIes are perfonnable and exclusive venue for any dispute <br />arising under thIS Agreement is in Hays County, Texas. <br /> <br />10.2 As to all acts or failures to act by either party to this Agreement, any applicable statute of <br />lImitations will commence to run and any alleged cause of action will be deemed to have accrued <br />when the party commencing the cause of action knew or should have known of the existence of <br />the subject act(s) or failure(s) to act. <br /> <br />10.3 The Engineer wIll not use funds received by It dIrectly or indirectly under the tenns of <br />this Agreement for any partIsan pohtlcal activity or to further the electIOn or defeat of any <br />candIdate for pubhc office. <br /> <br />10.4 The Engmeer hereby affinns that Engmeer and Engineer's finn have not made or agreed <br />to make any valuable gIft whether in the fonn of service, loan, thing, or promise to any person or <br />any of his/her Immediate family, having the duty to recommend, the fight to vote upon, or any <br />other direct influence on the selection of consultants to provide professional services to the City <br />within the two years precedmg the execution of this Agreement. A campaign contributIOn, as <br />defined by the Texas Election Code or the San Marcos City Code wIll not be considered as a <br />valuable gIft for the purposes of thIS Agreement. <br /> <br />CEC - Quail Run Waterline Agreement <br /> <br />13 <br />