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ARTICLE 12
<br />INSURANCE
<br />For services performed onOwner'spremises,Professional Firmshall furnish to Owner Certificates of
<br />Insurance as set forth below prior to the commencement of any work hereunder and shall maintain such coverage
<br />during the full term of the Agreement.On the Certificate of Insurance, name theCity of San Marcos,c/o
<br />Purchasing&Contracting Division, 630 East Hopkins Street, San Marcos, Texas 78666as an additional
<br />insured.Required insurance shall not be cancelable without thirty (30) days’ prior written notice to Owner.
<br />Business automobile liabilityinsurance with minimum limits of liability for bodily injury and property
<br />damage combined of not less than $1,000,000 per occurrence. Contractor will maintain a standard ISO
<br />version of Business automobile liability insurance or its equivalent providing coverage for all owned,
<br />non-owned and hired automobiles. Owner will be included as an additional insured party.
<br />Commercial General Liability Insurance: Including Bodily Injury and Property Damage Liability,
<br />Independent Contractors Liability, Contractual Liability, Product Liability and Completed Operations
<br />Liability in an amount not less than $1,000,000 combined single limit, per occurrence, and $2,000,000
<br />aggregate.Citywill be included as an additional insured party.
<br />Umbrella Form Excess Liabilitywith minimum limits of $1,000,000. Umbrella coverage must follow
<br />form with the primary coverage.
<br />Workers' compensationinsurance in accordance with and as required by the Workers’ Compensation
<br />Act of the State of Texas in amounts sufficient to satisfy statutory requirements or
<br />$500,000.00/$500,000.00 for Employer’s Liability.Worker’s Compensation policy shall include a waiver
<br />of subrogation in favor of the Owner.
<br />Certificate of coverage or certificate means a copy of a certificate of insurance, a certificate of authority
<br />to self-insure issued by the Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or
<br />TWCC-84), showing statutory workers’ compensationinsurance coverage for the person’s or entity’s
<br />employees providing services on the Project, for the duration of the Project.
<br />Professional Liability: Not less than $1,000,000 perclaim-based policyto be maintained for the duration
<br />of the agreement andtwo-yearextended reporting period.This insurance requirement applies when a
<br />supplier has a professional designation or license and/or is providing professional services. The minimum
<br />limit for architects and engineers is $2,000,000 perclaimand in the aggregate and may be increased
<br />depending upon the nature of the services to be provided to the City.
<br />Upon request, theFirmshall furnish complete sets of its insurance policies to Owner for review.If additional
<br />insurance or changes to this article are required, they shall be explicitly laid out inExhibit 1.
<br />ARTICLE 13
<br />INDEMNITY
<br />PROFESSIONAL DOES HEREBY COVENANT AND CONTRACT TO WAIVE ANY AND ALL
<br />CLAIMS, RELEASE, INDEMNIFY, AND HOLD HARMLESS CITY, ITS CITY COUNCIL, OFFICERS,
<br />EMPLOYEES, AND AGENTS, FROM AND AGAINST ALL LIABILITY, CAUSES OF ACTION,
<br />CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LOSSES, PENALTIES
<br />OR SUITS, WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PERSONS OR PROPERTY,
<br />CAUSED BY OR RESULTING FROM THE NEGLIGENCE, INTENTIONAL TORT, INTELLECTUAL
<br />PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBPROFESSIONAL OR SUPPLIER
<br />COMMITTED BY PROFESSIONAL, ITS AGENTS, OR CONSULTANTS UNDER CONTRACT, OR
<br />ANY OTHER ENTITY OVER WHICH PROFESSIONAL EXERCISES CONTROL, SUBJECT TO THE
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