Res 2016-010/approving a professional services agreement with Kimley-Horn and Associates, Inc., for the provision of engineering services in connection with the Sessom Improvements from N. LBJ to Comanche Project in the not to exceed amount of $105,998.0

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Engineer to agree to maintain only Hired and Non -Owned Auto Liability. This amended coverage requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto policy. 4) Professional Liability Insurance. — Limit of liability not less than $1,000,000 per occurrence Engineer agrees to maintain Professional (Errors & Omissions) Liability to pay on behalf of the insured all sums which the insured will become legally obligated to pay as damages by reason of any act, malpractice, error or omission of the Engineer or any person employed or acting on the Engineer's behalf (including but not limited to sub - contractors). For policies written on a "claims - made" basis, Engineer agrees to maintain a retroactive date prior to or equal to the effective date of this contract and that continuous coverage will be maintained or a supplemental extended reporting period will be purchased with a minimum reporting period not less than two years after the completion of this Agreement. The Engineer is solely responsible for any additional premium for the supplemental extended reporting period. 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 C