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<br />ARTICLE 9 <br />INSURANCE AND INDEMNITY <br /> <br />9.1 The Consultant will indemnify, hold harmless and defend the City and its employees, <br />agents, officers and servants from any and all lawsuits, claims, demands and causes of <br />action of any kind arising from the negligent or intentional acts or omissions of the <br />Consultant, its officers, employees or agents. This will include, but not be limited to, the <br />amounts of judgments, penalties, interest, court costs, reasonable legal fees, and all other <br />expenses incurred by the City arising in favor of any party, including the amounts of any <br />damages or awards resulting from claims demands and causes of action for personal <br />injuries, death or damages to property. This obligation by Consultant will not be limited by <br />reason of the specification of any particular insurance coverage in this Agreement. <br /> <br />9.2 The Consultant will procure and maintain at Consultant's expense insurance with <br />insurance companies authorized to do business in the State of Texas, covering all <br />operations under this Agreement, whether performed by Consultant or Consultant's agents, <br />subcontractor or employees. Before commencing the work the Consultant will furnish to <br />the City a certificate or certificates in form satisfactory to the City, showing that Consultant <br />has complied with this paragraph. All certificates will provide that the policy will not be <br />changed or canceled until at least 30 days written notice will have been given to the City, <br />and will name the City as an additional insured on all coverages except workers' <br />compensation and professional liability. The kinds and amounts of insurance required are <br />as follows: <br /> <br />The Consultant certifies that it is a sole practitioner and does not have employees <br />who will carry out any of the work on this Project, and therefore, the requirement to provide <br />proof of Workers' Compensation insurance in accordance with the provisions of the <br />Workers' Compensation Act of the State of Texas is waived. If the City determines that <br />the Consultant does employ others who have carried out any of the services specified <br />under this Agreement, such fact will constitute a breach of this contract. <br /> <br />Liability Insurance: (1) Commercial general liability insurance with a combined single <br />limit of $500,000 for each occurrence and $500,000 in the aggregate, (2) Motor Vehicle <br />liability insurance in an amount not less than $250,000 for injuries to anyone person, <br />$500,000 on account of anyone accident and in an amount of not less than $250,000 for <br />property damage and (3) professional liability coverage to cover lawful claims arising in <br />connection with this Project in the combined single limit amount of at least $500,000. <br /> <br />The stated limits of insurance required by this Paragraph are minimum only--they <br />do not limit the Consultant's indemnity obligation, and it will be the Consultant's <br />responsibility to determine what limits are adequate. These limits may be basic policy <br />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 <br />not release the Consultant from compliance with these requirements. <br /> <br />voelzel agrmnt revised.wpd <br /> <br />14 <br />