11 Approve a resolution to enter into a contract with Hayter Engineering, Inc. to provide engineering services for our ORCA, TxCDBG, project for water line replacement

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7.2.2 OWNER shall procure and maintain similar coverage for any of its employees engaged on the Project, and shall require all construction contractors associated with the Project to procure and maintain at least statutory workmen' s compensation and contractor' s liability coverage. 7.3 Controlling Law - This Agreement is to be governed by the laws of the State of Texas. 7.4 Successors and Assigns - ENGINEER and OWNER each is hereby bound and the partners, successors, executors administrators, and legal representatives of OWNER and ENGINEER are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators, assigns and legal representatives (and said assigns) of such other party, in respect to all covenants, agreements and obligations of this Agreement. 7.4.1 Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. 7.5 Indemnitv - The OWNER will require that any construction contractor or subcontractors performing work in connection with Drawings and Specifications produced under this Agreement to hold harmless, indemnify and defend, the OWNER and this ENGINEER, their consultants, and each of their officers, agents, and employees from all liability claims, losses or damage arising out of or alleged to arise from the CONTRACTOR' S or subcontractor' s negligence in the performance of the work described in the Construction Contract Documents. 7.6 Limitation of Liabilitv - The OWNER agrees to limit the ENGINEER' S liability to the OWNER and to all construction contractors and subcontractors on the Project, due to the ENGINEER' S professional negligent acts, errors or omissions, such that the total aggregate liability of the ENGINEER to those named shall not exceed One Hundred Thousand Dollars ($100,000) or the ENGINEER' S total fee for services rendered on this project, whichever is greater. 7.7 Causes of action between the parties to this Agreement pertaining to acts or failures to act shall be deemed to have accrued and the applicable statutes of limitations shall commence to run not later than either the date of Substantial Completion for acts or failures to act occurring prior to Substantial Completion or the date of issuance of the final Certificate for Payment for acts or failures to act occurring after Substantial Completion. In no event shall such statues of limitations commence to run any later than the date when the ENGINEER' S services are substantially completed. 7.8 Reuse of Documents - All documents prepared by the ENGINEER are for this project only - they are not intended to be suitable for reuse on extensions of the Proj ect, or on any 13 9 0 ~a~