Res 1993-174 - Laserfiche WebLink

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1::231.) -5- delivering or otherwise making available to the CITY, all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the ENGINEER in performing the services included in this Agreement, whether completed or in progress. The expense of the reproduction of these items shall be borne by the CITY. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 This Agreement shall be governed by the law of the State of Texas. Exclusive venue for any dispute arising under this Agreement shall be in Hays County, Texas. 7.2 Any statute of limitations applicable to this Agreement shall commence to run and any alleged cause of action shall be deemed to have accrued when the party commencing the cause of action knew or should have known of the existence of the basis for the action. 7.3 The ENGINEER hereby agrees to hold harmless and indemnify the CITY and its officers and employees from any and all lawsuits, claims, demands and causes of action of any kind caused by the negligent or intentional wrongful acts, errors or omissions of the ENGINEER, its employees, subcontractors or agents. This shall include, but not be limited to, the amounts of judgments, penalties, ~interests, court costs, reasonable legal and expert witness fees, and all other expenses incurred by the CITY. To the extent permitted by law, the ENGINEER's total liability to the CITY under this paragraph shall not exceed the amount of $1,000,000. 7.4 The ENGINEER agrees to procure and maintain at ENGINEER's expense insurance in the kinds and amounts hereinafter provided with insurance companies authorized to do business in the State of Texas, covering all operations under this Agreement, whether performed by ENGINEER or ENGINEER's agents, employees or subcontractors. Before commencing the work the ENGINEER shall furnish to the CITY a certificate or certificates in form satisfactory to the CITY, showing that ENGINEER has complied with this paragraph. All certificates shall provide that the policy shall not be changed or cancelled until at least thirty (30) days written notice shall have been given to the CITY. The types and amounts of insurance required are as follows: Workers Compensation Insurance: In accordance with the provisions of the Workers' Compensation Act of the State of Texas. Liability Insurance: (a) Motor Vehicle liability insurance in an amount not less than $250,000 for injuries to anyone person and $500,000 on account of anyone accident and in an amount of not less than $100,000 for property damage and (b) professional liability coverage to cover lawful claims arising in connection with this Project in the combined single limit amount of at least $1,000,000.00.