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demands,or causes of action of every character occurring, resulting, or arising solely from any <br /> negligent or intentional wrongful act, error or omission of the Consultant and/or its agents <br /> and/or employees. This obligation by Consultant will not be limited because of the specification <br /> of any particular insurance coverage in this Agreement. <br /> 8.2 The Consultant will procure and maintain at Consultant'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 Consultant or Consultant's agents, subcontractors or <br /> employees. Before commencing the work, the Consultant will furnish to the City a certificate or <br /> certificates in form satisfactory to the City, showing that Consultant has complied with this <br /> paragraph. All certificates will provide that the policy will not be changed or canceled until at <br /> least 30 calendar days written notice has been given to the City. Failure of the Consultant to <br /> demand a certificate or other sufficient evidence of full compliance with these insurance <br /> requirements or failure of the Consultant to identify a deficiency from the evidence that is provided <br /> as proof of insurance will not be construed as a waiver of the Consultant's obligation to maintain <br /> the required insurance coverage specified herein. Commercial general liability insurance and <br /> motor vehicle insurance will be written with the City of San Marcos,Texas as an additional insured <br /> and will be endorsed to provide a waiver of the carrier's right of subrogation against the City. The <br /> kinds and amounts of insurance 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 /> $500,000.00/$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 Consultants 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 /> the combined single limit amount of at least $1,000,000.00 as applicable. Should the Contractor <br /> not own any automobiles, the business auto liability requirement will be amended to allow the <br /> Contractor to agree to maintain only Hired and Non-Owned Auto Liability. This amended <br /> coverage requirement may be satisfied by way of endorsement to the Commercial General <br /> Liability or separate Business Auto Policy. <br /> The stated limits of insurance required by this Paragraph are minimum only—they do not <br /> limit the Consultant's indemnity obligation, and it will be the Consultant's responsibility to <br /> determine what limits are adequate. These limits may be basic policy limits or any combination <br /> of basic limits and umbrella limits. The City's acceptance of Certificates of Insurance that do not <br /> comply with these requirements in any respect does not release the Consultant from compliance <br /> with these requirements. <br /> Cobb Fendley Downtown District Distribution Study 12/20/2016 <br /> 7 <br />