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City to be in accordance with this Agreement. The City will pay this amount upon the Engineer's <br />delivering to the City all information and materials developed or accumulated by the Engineer in <br />performing the services described in this Agreement, whether completed or in progress. The <br />expense of reproduction of these items will be borne by the City. <br />ARTICLE 9 <br />INSURANCE AND INDEMNITY <br />9.1 The Engineer will indemnify, hold harmless and defend the City and its employees, <br />agents, officers and servants from any and all lawsuits, claims, demands and causes of action of <br />any kind arising from the negligent or intentional wrongful acts or omissions of the Engineer, its <br />officers, employees or agents. This will include, but not be limited to, the amounts of judgments, <br />penalties, interest, court costs, reasonable legal fees, expert witness fees and all other expenses <br />incurred by the City arising in favor of any party, including the amounts of any damages or <br />awards resulting from claims demands and causes of action for personal injuries, death or <br />damages to property, alleged or actual infringement of patents, copyrights and trademarks in the <br />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 <br />wrongful act, error or omission of the Engineer and /or its agents and /or employees. This <br />obligation by Engineer will not be limited because of the specification of any particular <br />insurance coverage in this Agreement. <br />9.2 The Engineer will procure and maintain at 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. All <br />certificates will provide that the policy will not be changed or canceled until at least 30 calendar <br />days written notice has been given to the City. Failure of the Engineer to demand a certificate or <br />other sufficient evidence of full compliance with these insurance requirements or failure of the <br />Engineer to identify a deficiency from the evidence that is provided as proof of insurance will <br />not be construed as a waiver of the Engineer's obligation to maintain the required insurance <br />coverage specified herein. Commercial general liability insurance and motor vehicle insurance <br />will be written with the City of San Marcos, Texas as an additional insured and will be endorsed <br />to provide a waiver of the carrier's right of subrogation against the City. The kinds and amounts <br />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) <br />with a combined single limit of $1,000,000 for each occurrence and $1,000,000 in the aggregate, <br />REP Agreement 11/12 <br />12 <br />