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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 of
<br />any kind arising from the negligent or intentional wrongful acts or omissions of the Engineer, its
<br />officers, employees or agents or by or on account of any claims or amounts recovered under the
<br />Workers' Compensation Laws of Texas or any other law, ordinance, order or decree, and its
<br />sureties will be held liable until such suit or suits, action or actions, claim or claims for injury or
<br />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 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
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