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and without limitation by enumeration, all other claims, demands, or causes of action of every
<br /> character occurring, resulting, or arising from any negligent or intentional wrongful act, error or
<br /> omission of the Engineer and/or its agents and/or employees; This obligation by the Engineer will
<br /> not be limited because of the specification of any particular insurance coverage in this Agreement.
<br /> For claims related to Professional Liability -The Engineer will indemnify, hold harmless the City
<br /> and its employees, agents, officers and servants from any and all lawsuits, claims, demands and
<br /> causes of action of any kind arising solely from the negligent or intentional wrongful acts or
<br /> omissions of the Engineer, its officers, employees or agents. This will include, but not be limited
<br /> to, the amounts of judgments,penalties, interest, court costs, reasonable legal fees, expert witness
<br /> fees and all other expenses incurred by the City arising in favor of any party,including the amounts
<br /> of any 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 trademarks
<br /> in the performance of the work or the incorporation in the work of any invention, design, process,
<br /> product or device and without limitation by enumeration, all other claims, demands, or causes of
<br /> action of every character occurring,resulting,or arising from any negligent or intentional wrongful
<br /> act, error or omission of the Engineer and/or its agents and/or employees; This obligation by the
<br /> Engineer will not be limited because of the specification of any particular insurance coverage in
<br /> this Agreement.
<br /> 8.2 The Engineer will procure and maintain at the 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(Attachment
<br /> D). All certificates will provide that the policy will not be canceled until at least 30 calendar days
<br /> written notice has been given to the City. Failure of the Engineer to demand a certificate or other
<br /> sufficient evidence of full compliance with these insurance requirements or failure of the Engineer
<br /> to identify a deficiency from the evidence that is provided as proof of insurance will not be
<br /> 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 /> $500,000.00/$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 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 /> the combined single limit amount of at least $1,000,000.00 as applicable. Should the Contractor
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