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ARTICLE 9
<br />INSURANCE AND INDEMNITY
<br />9.1 The Engineer will indemnify, hold harmless and defend the City and its employees,
<br />agents, officers and servants from any and all lawsuits, claims, demands and causes of action
<br />of any kind arising solely from the negligent or intentional wrongful acts or omissions of the
<br />Engineer, its officers, employees or agents. This will include, but not be limited to, the amounts
<br />of judgments, penalties, interest, court costs, reasonable legal fees, expert witness fees and all
<br />other expenses incurred by the City arising in favor of any party, including the amounts of any
<br />damages or awards resulting from claims demands and causes of action for personal injuries,
<br />death or damages to property, alleged or actual infringement of patents, copyrights and
<br />trademarks in the performance of the work or the incorporation in the work of any invention,
<br />design, process, product or device and without limitation by enumeration, all other claims,
<br />demands, or causes of action of every character occurring, resulting, or arising from any
<br />negligent or intentional wrongful act, error or omission of the Engineer and/or its agents and/or
<br />employees This obligation by Engineer will not be limited because of the specification of any
<br />particular insurance coverage in this Agreement.
<br />9.2 The Engineer will procure and maintain at Engineer's expense insurance with insurance
<br />companies authorized to do business in the State of Texas, covering all operations under this
<br />Agreement, whether performed by Engineer or Engineer's agents, subcontractors or employees.
<br />Before commencing the work, the Engineer will furnish to the City a certificate or certificates in
<br />form satisfactory to the City, showing that Engineer has complied with this paragraph. All
<br />certificates will provide that the policy will not be changed or canceled until at least 30 calendar
<br />days written notice has been given to the City. Failure of the Engineer to demand a certificate or
<br />other sufficient evidence of full compliance with these insurance requirements or failure of the
<br />Engineer to identify a deficiency from the evidence that is provided as proof of insurance will not
<br />be construed as a waiver of the Engineer's obligation to maintain the required insurance coverage
<br />specified herein. Commercial general liability insurance and motor vehicle insurance will be
<br />written with the City of San Marcos, Texas as an additional insured and will be endorsed to provide
<br />a waiver of the carrier's right of subrogation against the City. The kinds and amounts of insurance
<br />required are as follows:
<br />Workers' Compensation Insurance and/or Employer's Liability: In accordance with the
<br />provisions of the Workers' Compensation Act of the State of Texas and/or
<br />$500,000.001$500,000.00 for Employer's Liability.
<br />Liability Insurance: (1) Commercial general liability insurance (standard ISO version) with
<br />a combined single limit of $1,000,000 for each occurrence and $1,000,000 in the aggregate,
<br />providing coverage for, but not limited to, bodily injury and property damage, premises /operations,
<br />products /completed operations, independent Engineers as applicable (2) Business Motor Vehicle
<br />liability insurance (standard ISO version) in an amount not less than $1,000,000 per occurrence
<br />(3) professional liability coverage to cover lawful claims arising in connection with the Project in
<br />REP Agreement for Cross -Town Pathway Project 9/1/2015
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