Res 2015-010/agreement between the City and Freese and Nichols, Inc. for the provision of Professional Engineering Services in connection with The Hopkins Street: Bishop to Moore Improvements Project

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B. Endorsements/Waiver of Subrogation. The Engineer agrees to provide commercial general liability insurance and motor vehicle insurance written with the City of San Marcos, Texas endorsed as an additional insured. A waiver of the carrier's right of subrogation against the City of San Marcos is required for each insurance policy. C. Deductibles, Coinsurance Penalties, and Self - Insured Retention. Engineer agrees to be fully and solely responsible for any costs or expenses as a result of a coverage deductible, coinsurance penalty, or self - insured retention; including any loss not covered because of the operation of such deductible, coinsurance penalty, or self - insured retention. D. Subcontractor's Insurance. The Engineer will ensure that each subcontractor employed by the Engineer for this Project purchases and maintains insurance of the types specified, provided that the Engineer's insurance does not afford coverage on behalf of the subcontractor. E. Certificate of Insurance Form. The Engineer will furnish the City with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements. The certificate must be from a company with an A.M. Best rating of "AVII" or better and/or otherwise acceptable to the City. Certificates must be submitted using the ACORD form and all endorsements must be included with the submittal. All certificates will provide that coverage under the policies will not be canceled or non - renewed until at least thirty (30) calendar days prior written notice, or ten (10) calendar days notice of cancellation due to the non - payment of premiums is given to the City. Failure of the Engineer to demand a certificate or other sufficient evidence of full compliance with these insurance requirements or failure of the Engineer to identify a deficiency from the evidence that is provided as proof of insurance will not be construed as a waiver of the Engineer's obligation to maintain the required insurance coverage specified herein. If, in the event the City is notified that a required insurance coverage will cancel or non -renew during the contract period, the Engineer agrees to furnish prior to the expiration of such insurance, a new or revised certificate(s) as proof that equal and like coverage is in effect. The City reserves the right, but not the obligation, to withhold payment to the Engineer until coverage is reinstated. Certificates and notices will be given to the City at the following address: City of San Marcos Attn: Engineering and Capital Improvements Department 630 E. Hopkins San Marcos, Texas 78666 F. Right to Review and Adiust. The City reserves the right to review these requirements and to modify insurance coverage and their limits when deemed necessary and prudent. Furthermore, the City reserves the right, but not the obligation, to review and reject any insurer providing coverage because of poor financial condition. FJ