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Consulting Engineer shall indemnify and save harmless the City, its officers and employees against claims <br /> for damages to property or injuries to or death of any person or persons, including property and <br /> employees or agents of the City and including reasonable attorney's fees incurred by the City or <br /> required in any way to be paid by the City, in defense thereof, and shall indemnify and save harmless <br /> the City from all claims, demands, suits, actions or proceedings including Worker's Compensation claims, <br /> of or by anyone whomsoever,to the extent proximately caused or proximately arising out of negligent <br /> acts or omissions to act by Consulting Engineer in connection with its performance of this contract, <br /> including operations of its subcontractors and negligent acts or omissions of employees or agents of the <br /> Consulting Engineer or its subcontractors. <br /> The City shall indemnify and save harmless the Consulting Engineer, its officers and employees against <br /> any and all claims for damages to property or injuries to or death of any person or persons, including <br /> property and employees or agents of the Consulting Engineer and including reasonable attorney's fees <br /> incurred by the Consulting Engineer or required in any way to be paid by the Consulting Engineer, in <br /> defense thereof, and shall indemnify and save harmless the Consulting Engineer from all claims, <br /> demands, suits, actions or proceedings including Worker's Compensation claims, of or by anyone <br /> whomsoever, proximately caused or proximately arising out of negligent acts or omissions to act by City <br /> in connection with its performance of this contract, including operations of its subcontractors and <br /> negligent acts or omissions of employees or agents of the City or its subcontractors. <br /> Insurance coverage specified in this Agreement constitutes the minimum requirements and said <br /> requirements shall not lessen or limit the liability of the Consulting Engineer under the terms of the <br /> Agreement. The Consulting Engineer shall procure and maintain at his own cost and expense,any <br /> additional kinds and amounts of insurance that, in the Consulting Engineer's own judgment, may be <br /> necessary for the Consulting Engineer's proper protection in the prosecution of the work. Neither Party <br /> shall be liable to the other Party for incidental, indirect, special or consequential damages. <br /> SECTION 8. GUARANTEE <br /> The Contractor/Consultant shall perform its services in compliance with applicable standards of <br /> professional care and warrants its work and that of any Sub-Contractors/Sub-Consultants employed by <br /> the Contractor/Consultant meets such standards of professional care. The Contractor/Consultant shall <br /> not be required to guarantee the work of any Contractor/Consultant or Sub-Contractors/Sub- <br /> Consultants employed by the City. Unless specifically included in the scope of work for this project,the <br /> Contractor/Consultant shall have no authority to stop the work of contractors or consultants employed <br /> by the City,shall have no supervision or control as to the work or persons doing the work,shall not have <br /> charge of the work,shall not be responsible for safety in, on, or about the job site or have any control of <br /> the safety or adequacy of any equipment, building component, scaffolding, supports,forms or other <br /> work aids. <br /> 5 <br /> Last Revised 07-08-2015 <br />