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information and materials developed or accumulated by the Contractor in performing the services described
<br />in this Agreement, whether completed or in progress. The expense of the reproduction of these items will
<br />be borne by the City.
<br />10. Insurance and Indemnity
<br />(a) The Contractor will indemnify, hold harmless and defend the City and its employees, agents, officers
<br />and servants from any and all lawsuits, claims, demands and causes of action of any kind arising from
<br />the negligent or intentional wrongful acts errors or omissions of the Contractor, its officers, employees
<br />or agents This will include, but not be limited to, the amounts of judgments, penalties, interest, court
<br />costs, reasonable legal fees, and all other expenses incurred by the City arising in favor of any party,
<br />including the amounts of any damages or awards resulting from claims demands and causes of action
<br />for personal injuries, death or damages to property alleged or actual infringement ofpatents, copyrights,
<br />and trademarks and without limitation by enumeration, all other claims, demands, or causes of action
<br />of every character occurring, resulting, or arising from any negligent or intentional wrongful act, error
<br />or omission of the Contractor and/or its agents and/or employees. This obligation by the Contractor will
<br />not be limited because of the specification of any particular insurance coverage required under this
<br />Agreement.
<br />(b) The Contractor will procure and maintain at its own expense insurance with insurance companies
<br />authorized to do business in the State of Texas, covering all operations under this Agreement, whether
<br />performed by the Contractor or its agents, subcontractors or employees. Before commencing the work the
<br />Contractor will furnish to the City a certificate or certificates in a form satisfactory to the City, showing
<br />that the Contractor has complied with this paragraph. All certificates will provide that the policies will not
<br />be canceled until at least 30 calendar days prior written notice has been given to the City. Failure of the
<br />Contractor to demand a certificate or other sufficient evidence of full compliance with these insurance
<br />requirements or failure of the Contractor to identify a deficiency from the evidence that is provided as proof
<br />of insurance will not be construed as a waiver of the Contractor'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 $500,000.001$500,000.00 for Employer's
<br />Liability.
<br />Liability Insurance: (1) Commercial general liability insurance (standard ISO version) with a combined
<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 contractors 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 Contractor not own any automobiles, the business auto liability
<br />requirement will be amended to allow the Contractor 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 />Contractor's indemnity obligation, and it will be the Contractor's responsibility to determine what limits
<br />are adequate. These limits may be met by basic policy limits or any combination of basic limits and
<br />CITY HALL • 630 EAST HOPKINS • SAN MARCOS, TEXAS 78666 ® 512.393.8150 • FACSIMILE 855.759.2846
<br />SAMMARCOSTX.GOV
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