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<br />25# <br /> <br /> <br /> <br />7.4 The ENGINEER agrees to 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 shall furnish to the CITY a certificate or certificates in <br />form satisfactory to the CITY, showing that ENGINEER has complied with <br />this paragraph. All certificates shall provide that the policy shall <br />not be changed or cancelled until at least thirty (30) days written <br />notice shall have been given to the CITY. Kinds and amounts of <br />insurance required are as follows: <br />Worker's Compensation Insurance: In accordance with the <br />provisions of the Worker's Compensation statutes 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, <br />and $500,000 on account of injuries arising out of anyone accident, <br />and in an amount of not less than $100,000 for property damage; and <br />I (b) professional liability coverage to cover lawful claims arising in <br />I connection with this Project in the combined single limit amount of at <br />! least $1,000,000.00. <br /> <br />The stated limits of insurance required by this Paragraph are <br />MINIMUM ONLY and it shall 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 /> <br />7.5 The ENGINEER hereby affirms that ENGINEER and ENGINEER's firm have <br />not made or agreed to make any valuable gift whether in the form of <br />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 within 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 shall not be considered as a valuable gift for the purposes <br />of this Agreement. <br /> <br />7.6 In performing the services required hereunder, the ENGINEER shall <br />not discriminate against any person on the basis of race, color, <br />religion, sex, national origin, age or physical disability. <br /> <br />7.7 All references in this Agreement to any particular gender are for <br />convenience only and shall be construed and interpreted to be of the <br />appropriate gender. <br /> <br />7.8 Should any provision herein be found or deemed to be invalid, this <br />Agreement shall be construed as not containing such provision, and all <br />other provisions which are otherwise lawful shall remain in full force <br />and effect, and to this end the provisions of this Agreement are <br />declared to be severable. <br /> <br />7.9 All services provided pursuant to this Agreement are for the <br />exclusive use and benefit of CITY. <br /> <br />7.10 In performing this Agreement, ENGINEER, its contractors, <br />subcontractors, successors and assigns, shall comply with all local, <br />state and federal laws. <br /> <br />- 7.11 Notices, communications and deliveries from ENGINEER to the CITY <br />shall be addressed to the CITY's authorized representative: <br /> <br /> <br /> <br />Stephen M. Jenkins, P.E. <br />Director of Environment and Engineering <br />City of San Marcos <br />630 E. Hopkins Street <br />San Marcos, TX 78666 <br /> <br /> <br /> <br />-9- <br />