consultants, and nothing herein shall be construed as creating a partnership or joint
<br />enterprise between CITY and CONTRACTOR.
<br />1.05 CONTRACTOR shall be responsible for the safety of operations and shall provide
<br />appropriate safety warnings for the protection of the work area. Provision of safety
<br />includes use of appropriate bamcades, traffic control, control of the use of equipment
<br />near traffic or pedestrians, and provision of other controls and warnings as needed.
<br />1.06 CITY shall not be liable to CONTRACTOR, CONTRACTOR's agents, servants,
<br />employees, patrons, customers, visitors, guests, or invitees, nor any pedestrian or
<br />bystander for any damage or injury caused by the acts or negligence of CONTRACTOR,
<br />CONTRACTOR's officers, employees, agents, or servants, or resulting from the
<br />operation of any device or equipment located upon the contracted property, or any
<br />appurtenance thereof, nor for any damage or injury from any defect or want of repair of
<br />any structure or device on the contracted property.
<br />1.07 CONTRACTOR agrees to defend, indemnify, save, and hold the CITY, its elected
<br />officials, officers, and employees and agents harmless from any and all demands, debts,
<br />liabilities, suits, claims, and causes of action of every kind on account of injury or
<br />damage to any person or property, arising from or connected with the services and
<br />contractual duties provided by the CONTRACTOR hereunder.
<br />1.08 CONTRACTOR must, at all times during the term of this Agreement, keep and maintain
<br />in full force and effect a policy or policies of insurance, providing at least $500,000.00
<br />per occurrence and $1,000,000.00 aggregate for bodily injury or death and $500,000.00
<br />for any single occurrence for injury to or destruction of property, indemnifying all
<br />persons for any and all damages, personal injuries, or property damages sustained as the
<br />result of the negligence of CONTRACTOR, its agents, servants, or employees, and shall
<br />pay all premiums due thereon when due.
<br />1.09 It is expressly provided that all insurance policies required hereunder shall and must be
<br />written by a reputable insurance company or companies licensed and authorized to write
<br />insurance policies by the State of Texas, and where appropriate must show the CITY, its
<br />elected officials, officers, and employees as an additional insured, subject to approval by
<br />the City Attorney of the City of Paris; and the CONTRACTOR's insurance carrier or
<br />carniers shall deliver a copy of any such policies to the City Clerk of the City of Paris, or
<br />furnish to said City Clerk a current letter or certificate from such company or companies,
<br />evidencing the fact that such insurance is in full force and shall remain in effect at all
<br />times during this contract period. All such policies shall be written so that CITY will be
<br />notified of cancellation or of any restrictive amendment of the policies at least thirty (30)
<br />days prior to the effective date of such cancellation or amendment. Notice shall be made
<br />to the CITY by certified mail, return receipt requested, addressed to the City of Paris at
<br />the following address: City Clerk, City of Paris, P.O. Box 9037, Paris, Texas
<br />75461-9037.
<br />1.10 CONTRACTOR shall timely perform and complete the Work herein in accordance with
<br />this Agreement and the Bid Documents attached. In the event CONTRACTOR shall
<br />
|