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Engineer will furnish to the City a certificate or certificates in a form satisfactory to the City, showing that <br />the Engineer has complied with this paragraph. All certificates will provide that the policies will not be <br />canceled until at least 30 calendar days prior written notice has been given to the City. Failure of the <br />Engineer to demand a certificate or other sufficient evidence of full compliance with these insurance <br />requirements or failure of the Engineer to identify a deficiency from the evidence that is provided as proof <br />of insurance will not be construed as a waiver of the Engineer's obligation to maintain the required <br />insurance coverage specified herein. Commercial general liability and motor vehicle insurance will be <br />written with the City as an additional insured and will be endorsed to provide a waiver of the carrier's right <br />of subrogation against the City. The kinds and amounts of insurance required are as follows: <br />Workers' Compensation Insurance and /or Employer's Liability: In accordance with the provisions of the <br />Workers' Compensation Act of the State of Texas and /or $500,000.00 1$500,000.00 for Employer's <br />Liability. <br />Liability Insurance: (1) Commercial general liability insurance (standard ISO version) with acombined <br />single limit of $1,000,000 for each occurrence and $1,000,000 in the aggregate, providing coverage for, but <br />not limited to, bodily injury and property damage, premises /operations, products /completed operations, <br />independent consultants as applicable. (2) Business Motor Vehicle liability insurance (standard ISO <br />version) in an amount not less than $1,000,000 per occurrence (3) professional liability coverage to cover <br />lawful claims arising in connection with the Project in the combined single limit amount of at least <br />$1,000,000.00 as applicable. Should the Engineer not own any automobiles, the business auto liability <br />requirement will be amended to allow the Engineer to agree to maintain only Hired and Non -Owned Auto <br />Liability. This amended coverage requirement may be satisfied by way of endorsement to the Commercial <br />General Liability or separate Business Auto Policy. <br />(c) The stated limits of insurance required by this Section are minimum only - -they do not limit the <br />Engineer's indemnity obligation, and it will be the Engineer's responsibility to determine what limits are <br />adequate. These limits may be met by basic policy limits or any combination of basic limits and umbrella <br />limits. The City's acceptance of certificates of insurance that do not comply with these requirements in any <br />respect does not release the Engineer from compliance with these requirements. <br />11. No Waiver of Immunity <br />The City's execution of and performance under this Agreement will not act as a waiver by the City of any <br />immunity from suit or liability to which it is entitled under applicable law. The parties acknowledge that <br />the City, in executing and performing this Agreement, is a governmental entity acting in a governmental <br />capacity. <br />12. Remedies. No Waiver <br />In the event of a default or breach of this Agreement by the Engineer, the City reserves the right to choose <br />among the remedies for the default or breach available to the City. These remedies may be used in <br />conjunction with one another or separately, and together with any other statutory or common law remedies <br />available to the City. Any failure by the City to enforce this Agreement with respect to one or more defaults <br />by the Engineer will not waive the City's ability to enforce this Agreement after that time. <br />CITY HALL ® 630 EAST HOPKINS ® SAN MARCOS, TEXAS 78666 ® 512.393.8150 e FACSIMILE 855.759.2846 <br />SANMARCOSTX.GOV <br />8 <br />