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Liability Insurance: (1) Commercial general liability insurance (standard ISO version) with a combined <br />single limit of $1,000,000 for each occurrence and $1,000,000 in the aggregate, providing coverage for, <br />but not limited to, bodily injury and property damage, premises /operations, products /completed <br />operations, independent engineers as applicable. (2) Business Motor Vehicle liability insurance (standard <br />ISO version) in an amount not less than $1,000,000 per occurrence (3) professional liability coverage to <br />cover lawful claims arising in connection with the Project in the combined single limit amount of at least <br />$1,000,000.00 as applicable. <br />(c) The stated limits of insurance required by this Section are minimum only - -they do not limit the <br />Consultant's indemnity obligation, and it will be the Consultant's responsibility to determine what limits <br />are adequate. These limits may be met by basic policy limits or any combination of basic limits and <br />umbrella limits. The City's acceptance of certificates of insurance that do not comply with these <br />requirements in any respect does not release the Consultant from compliance with these requirements. <br />11. No Waiver of Immunity <br />The City's execution of and performance under the Agreement will not act as a waiver by the City of any <br />immunity from suit or liability to which it is entitled under applicable law. The parties acknowledge that <br />the City, in executing and performing the Agreement, is a governmental entity acting in a governmental <br />capacity. <br />12. Remedies; No Waiver. <br />In the event of a default or breach of the Agreement by the Consultant, the City reserves the right to <br />choose among the remedies for the default or breach available to the City. These remedies may be used <br />in conjunction with one another or separately, and together with any other statutory or common law <br />remedies available to the City. Any failure by the City to enforce the Agreement with respect to one or <br />more defaults by the Consultant will not waive the City's ability to enforce the Agreement after that time. <br />13. "Green" Procurement <br />It is the City's intent to be proactive with regard to the environment. The City encourages "Value <br />Purchasing" of environmentally friendly products. The Consultant is encouraged to identify and utilize <br />green solutions in performing any services under the Agreement, as appropriate. <br />14. Funding Out <br />As applicable, the Consultant understands that funds for the payment for work performed by the <br />Consultant under the Agreement have been provided through the City's budget approved by City Council <br />for the current fiscal year only. State statutes prohibit the obligation and expenditure of public funds <br />beyond the fiscal year for which a budget has been approved. The City cannot guarantee the availability <br />of funds, and enters into the Agreement only to the extent such funds are made available. The Consultant <br />acknowledges and agrees that it will have no recourse against the City for its failure to appropriate funds <br />for the purposes of the Agreement in any fiscal year other than the year in which the Agreement was <br />executed. The fiscal year for the City extends from October 1 st of each calendar year to September 30th <br />of the following calendar year. <br />CITY HALL • 630 EAST HOPKINS • SAN MARCOS, TEXAS 78666.512.393.8150 • FACSIMILE 512.393.3983 <br />SANMARCOSTX.GOV <br />16 <br />