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<br /> S'J-J <br /> -~1- I <br /> This will include, but not be limited to, the amounts of judgments, <br /> I <br /> penalties, interest, court costs, legal fees, and all other expenses <br /> incurred by the CITY arising in favor of any party, including the <br /> amounts of any damages or awards resulting from claims, demands and <br /> causes of action for personal injuries, death or damages to property <br /> and without limitation by enumeration, all other claims, demands, or <br /> causes of action of every character occurring, resulting, or arising <br /> from any negligent or intentional wrongful act, error or omission of <br /> the ENGINEER and/or its agents and/or employees. This Agreement by <br /> ENGINEER will not be limited by reason of the specification of any <br /> ~-~articular insurance coverage in this Agreement. <br /> 9.4 The ENGINEER will procure and maintain at ENGINEER's expense <br /> insurance in the kinds and amounts hereinafter provided with insurance <br /> companies authorized to do business in the State of Texas, covering all <br /> operations under this Agreement, whether performed by ENGINEER or <br /> ENGINEER's agents or employees. Before commenclng the work the <br /> ENGINEER will furnish to the CITY a certificate or certificates in form <br /> satisfactory toCthe CITY, showing that ENGINEER has complied with this <br /> paragraph. All certificates will provide that the policy will not be <br /> changed or cancelled until at least thirty (30) days' written notice <br /> will have been given to the CITY. Kinds and amounts of insurance <br /> required are as follows: <br /> Workers' Compensation Insurance: In accordance with the <br /> provisions of the Workers' Compensation Act of the State of Texas. <br /> Liability Insurance: (a) Motor Vehicle liability insurance <br /> in an amount not less than $250,000 for injuries to anyone person and <br /> $500,000 on account of anyone accident and in an amount of not less <br /> than $100,000 for property damage and (b) general liability coverage to <br /> cover lawful claims arising in connection with this Project in the <br /> combined single limit amount of at least $250,000. <br /> The stated limits of insurance required by this Paragraph are <br /> MINIMUM ONLY and it will be the ENGINEER's responsibility to determine <br /> what limits are adequate. These minimum limits may be basic policy <br /> limits or any combination of basic limits and umbrella limits. The <br /> CITY's acceptance of Certificates of Insurance that in any respect do <br /> not comply with the requirements of this Agreement does not release the <br /> ENGINEER from compliance herewith. <br /> 9.5 The ENGINEER hereby affirms that ENGINEER and ENGINEER's firm <br /> have not made or agreed to make any valuable gift whether in the form <br /> of service, loan, thing or promise to any person or any of his/her <br /> immediate family, having the duty to recommend, the right to vote upon, <br /> or any other direct influence on the selection of consultants to <br /> provide professional design services to the CITY wi thin the two years <br /> preceding the execution of this Agreement. A campaign contribution, as <br /> defined by the Election Code or the City of San Marcos Code of <br /> Ordinances will not be considered as a valuable gift for the purposes <br /> of this Agreement. <br /> 9.6 In performing the services required hereunder, the ENGINEER <br /> will not discriminate against any person on the basis of race, color, <br /> religion, sex, national origin, age or disability. <br />