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Engineer is responsible for the professional services and the final work product contemplated
<br />under this Agreement. Except for materials furnished by the City, the Engineer will supply all
<br />materials, equipment, and labor required for the provision of its professional services under this
<br />Agreement. The Engineer has ultimate control over the execution of its professional services and
<br />it is the Engineer's sole obligation to employ, direct, control, supervise, manage, discharge, and
<br />compensate all of its employees, subconsultants and subcontractors, and the City has no control of
<br />or supervision over the employees of the Engineer or any of the Engineer's subconsultants or
<br />subcontractors. The Engineer will not pledge or attempt to pledge the credit of the City.
<br />D. The work to be performed under this Agreement will be performed entirely at the
<br />Engineer's risk. The Engineer will at all times exercise reasonable precautions on behalf of, and
<br />be solely responsible for, the safety of its officers, employees, agents, subcontractors, licensees,
<br />and other persons, as well as their personal property, while in the vicinity of the Project or any of
<br />the work being done on or for the Project. It is expressly understood and agreed that the City is
<br />not liable or responsible for the negligence of the Engineer, its officers, employees, agents,
<br />subcontractors, 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
<br />of any kind arising from the negligent or intentional wrongful acts or omissions of the Engineer,
<br />its officers, employees or agents or by or on account of any claims or amounts recovered under
<br />the Workers' Compensation Laws of Texas or any other law, ordinance, order or decree, and
<br />its sureties will be held liable until such suit or suits, action or actions, claim or claims for injury
<br />or damages as aforesaid have been settled and satisfactory evidence to that effect has been
<br />furnished to the City. This will include, but not be limited to, the amounts of judgments,
<br />penalties, interest, court costs, reasonable legal fees, and all other expenses incurred by the City
<br />arising in favor of any party, including the amounts of any damages or awards resulting from
<br />claims demands and causes of action for personal injuries, death or damages to property alleged
<br />or actual infringement of patents, copyrights, and trademarks and without limitation by
<br />enumeration, all other claims, demands, or causes of action of every character occurring,
<br />resulting, or arising from any negligent or intentional wrongful act, error or omission of the
<br />Engineer and/or its agents and/or employees. This obligation by Engineer will not be limited
<br />because of the specification of any particular insurance coverage in this Agreement.
<br />ARTICLE 8
<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,
<br />showing that the Engineer has complied with this paragraph. Before commencing the work and
<br />within five (5) business days of the City's award of a contract, the Engineer must deliver to the
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