Laserfiche WebLink
or responsible for the negligence of the Engineer, its officers, employees, agents, subcontractors, <br />invitees, licensees, and other persons. <br />E. The Engineer will indemnify, hold harmless and defend the City and all 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 or by or on account of any claims or amounts recovered under the <br />Workers' Compensation Laws of Texas or any other law, ordinance, order or decree, and its <br />sureties will be held liable until such suit or suits, action or actions, claim or claims for injury or <br />damages as aforesaid have been settled and satisfactory evidence to that effect has been furnished <br />to the City. This will include, but not be limited to, the amounts of judgments, penalties, interest, <br />court costs, reasonable legal fees, and all other expenses incurred by the City arising in favor of <br />any party, including the amounts of any damages or awards resulting from claims demands and <br />causes of action for personal injuries, death or damages to property alleged or actual infringement <br />of patents, copyrights, and trademarks and without limitation by enumeration, all other claims, <br />demands, or causes of action of every character occurring, resulting, or arising from any negligent <br />or intentional wrongful act, error or omission of the Engineer and /or its agents and /or employees. <br />This obligation by Engineer will not be limited because of the specification of any particular <br />insurance coverage in this Agreement. <br />ARTICLE 7 <br />INSURANCE <br />A. Coverage. The Engineer will procure and maintain on a primary basis, at the Engineer's <br />expense and for the duration of this Agreement insurance with insurance companies authorized to <br />do business in the State of Texas, covering all operations under this Agreement, whether performed <br />by Engineer or Engineer's agents, subcontractors or employees. Before commencing the work, <br />the Engineer will furnish to the City a certificate or certificates in form satisfactory to the City (See <br />Attachment D for example), showing that the Engineer has complied with this paragraph. Before <br />commencing the work and within five (5) business days of the City's award of a contract, the <br />Engineer must deliver to the City a certificate(s) of insurance evidencing that such policies are in <br />full force and effect. Failure to meet the stated insurance requirements and provide the <br />required certificate(s) and any necessary endorsements within five business days may cause the <br />contract to be terminated. The City reserves the right to obtain complete, certified copies of all <br />required insurance policies at any time. The stated limits of insurance required by this Paragraph <br />are minimum only - -they do not limit the Engineer's indemnity obligation, and it will be the <br />Engineer's responsibility to determine what limits are adequate. These limits may be met by basic <br />policy limits or any combination of basic limits and umbrella limits. The City's acceptance of <br />certificates of insurance that do not comply with these requirements in any respect does not release <br />the Engineer from compliance with these requirements. The kinds and amounts of insurance <br />required are as follows: <br />