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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 <br />to do business in the State of Texas, covering all operations under this Agreement, whether <br />performed by Engineer or Engineer's agents, subcontractors or employees. Before commencing <br />the work, the Engineer will furnish to the City a certificate or certificates in form satisfactory to <br />the City (See Attachment D for example), showing that the Engineer has complied with this <br />paragraph. Before commencing the work and within five (5) business days of the City's award <br />of a contract, the Engineer must deliver to the City a certificate(s) of insurance evidencing that <br />such policies are in full force and effect. Failure to meet the stated insurance requirements and <br />provide the required certificate(s) and any necessary endorsements within five business days <br />may cause the contract to be terminated. The City reserves the right to obtain complete, <br />certified copies of all required insurance policies at any time. The stated limits of insurance <br />required by this Paragraph are minimum only - -they do not limit the Engineer's indemnity <br />obligation, and it will be the Engineer's responsibility to determine what limits are adequate. <br />These limits may be met by basic policy limits or any combination of basic limits and umbrella <br />limits. The City's acceptance of certificates of insurance that do not comply with these <br />requirements in any respect does not release the Engineer from compliance with these <br />requirements. The kinds and amounts of insurance required are as follows: <br />1) Workers' Compensation Insurance and /or Employer's Liability Insurance: <br />In accordance with the provisions of the Workers' Compensation Act of the State <br />of Texas and /or $500,000.00 /$500,000.00 for Employer's Liability. <br />2) Commercial General Liability Liability Insurance: (1) Commercial general <br />liability insurance with a combined single limit of $1,000,000 for each occurrence <br />and $1,000,000 in the aggregate, Engineer agrees to maintain a standard ISO <br />version Commercial General Liability occurrence form, or its equivalent <br />providing coverage for, but not limited to, Bodily Injury and Property Damage, <br />Premises /Operations, Products /Completed Operations, Independent Engineers. <br />3) Business Automobile Liability Insurance. — Limits of liability not less than <br />$1,000,000.00 per occurrence. The Engineer agrees to maintain a standard ISO <br />version Business Automobile Liability, or its equivalent, providing coverage for <br />all owned, non -owned and hired automobiles. Should the Engineer not own any <br />automobiles, the business auto liability requirement will be amended to allow the <br />Engineer to agree to maintain only Hired and Non -Owned Auto Liability. This <br />amended coverage requirement may be satisfied by way of endorsement to the <br />Commercial General Liability, or separate Business Auto policy. <br />4) Professional Liability Insurance. — Limit of liability not less than $1,000,000 <br />per occurrence Engineer agrees to maintain Professional (Errors & Omissions) <br />Liability to pay on behalf of the insured all sums which the insured will become <br />legally obligated to pay as damages by reason of any act, malpractice, error or <br />omission of the Engineer or any person employed or acting on the Engineer's <br />5 <br />