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D. The Engineer will at all times exercise reasonable precautions on behalf of, and be solely
<br />responsible for, the safety of its officers, employees, agents, subcontractors, licensees, and other
<br />persons, as well as their personal property, while in the vicinity of the Project or any of the work
<br />being done on or for the Project. It is expressly understood and agreed that the City is not liable
<br />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
<br />of any kind arising solely from the negligent or intentional wrongful acts or omissions of the
<br />Engineer, its officers, employees or agents or by or on account of any claims or amounts
<br />recovered under the Workers' Compensation Laws of Texas or any other law, ordinance, order
<br />or decree, and its sureties will be held liable until such suit or suits, action or actions, claim or
<br />claims for injury or damages as aforesaid have been settled and satisfactory evidence to that
<br />effect has been furnished to the City. This will include, but not be limited to, the amounts of
<br />judgments, penalties, interest, court costs, reasonable legal fees, and all other expenses incurred
<br />by the City arising in favor of any party, including the amounts of any damages or awards
<br />resulting from claims demands and causes of action for personal injuries, death or damages to
<br />property alleged or actual infringement of patents, copyrights, and trademarks and without
<br />limitation by enumeration, all other claims, demands, or causes of action of every character
<br />occurring, resulting, or arising solely from any negligent or intentional wrongful act, error or
<br />omission of the Engineer and/or its agents and/or employees. This obligation by Engineer will
<br />not be limited because of the specification of any particular insurance coverage in this
<br />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 />Exhibit E 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
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