Res 2013-124/Approving an agreement between the City and Espey Consultants, Inc. in connection with the Comprehensive Watershed Master Plan

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D. Subcontractor's Insurance. The Engineer will ensure that each subcontractor employed by the Engineer for this Project purchases and maintains insurance of the types specified, provided that the Engineer's insurance does not afford coverage on behalf of the subcontractor. E. Certificate of Insurance Form. The Engineer will furnish the City with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements. The certificate must be from a company with an A.M. Best rating of "AVII" or better and /or otherwise acceptable to the City. Certificates must be submitted using the ACORD form and all endorsements must be included with the submittal. All certificates will provide that coverage under the policies will not be canceled or non - renewed until at least thirty (30) calendar days prior written notice, or ten (10) calendar days notice of cancellation due to the non - payment of premiums is given to the City. Failure of the Engineer to demand a certificate or other sufficient evidence of full compliance with these insurance requirements or failure of the Engineer to identify a deficiency from the evidence that is provided as proof of insurance will not be construed as a waiver of the Engineer's obligation to maintain the required insurance coverage specified herein. If, in the event the City is notified that a required insurance coverage will cancel or non -renew during the contract period, the Engineer agrees to furnish prior to the expiration of such insurance, a new or revised certificate(s) as proof that equal and like coverage is in effect. The City reserves the right, but not the obligation, to withhold payment to the Engineer until coverage is reinstated. Certificates and notices will be given to the City at the following address: City of San Marcos Attn: Engineering and Capital Improvements Department 630 E. Hopkins San Marcos, Texas 78666 F. Right to Review and Adjust. The City reserves the right to review these requirements and to modify insurance coverage and their limits when deemed necessary and prudent. Furthermore, the City reserves the right, but not the obligation, to review and reject any insurer providing coverage because of poor financial condition. ARTICLE 8 MISCELLANEOUS PROVISIONS A. This Agreement is governed by and will be construed under the laws of the State of Texas. All obligations of both parties are performable and exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. B. As to all acts or failures to act by either party to this Agreement, any applicable statute of limitations will commence to run and any alleged cause of action will be deemed to have accrued when the party commencing the cause of action knew or should have known of the existence of the subject act(s) or failure(s) to act.