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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 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 and hold harmless the City and all its employees, agents,
<br /> officers and servants from any and all lawsuits, claims, demands and causes of action of any kind
<br /> arising solely from the negligent or intentional wrongful acts or omissions of the Engineer, its
<br /> officers and employees or by or on account of any claims or amounts recovered under the Workers'
<br /> Compensation Laws of Texas or any other law, ordinance, order or decree, and its sureties will be
<br /> held liable until such suit or suits, action or actions, claim or claims for injury or damages as
<br /> aforesaid have been settled and satisfactory evidence to that effect has been furnished to the City.
<br /> This will include,but not be limited to, the amounts of judgments,court costs and reasonable legal
<br /> fees incurred by the City arising in favor of any party, including the amounts of any damages or
<br /> awards resulting from claims demands and causes of action for personal injuries,death or damages
<br /> to property or actual infringement of patents, copyrights, and trademarks and without limitation
<br /> by enumeration, all other claims, demands, or causes of action of every character occurring,
<br /> resulting,or arising solely 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 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
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