Res 2015-114/Professional Services Agreement between the City and CH2M Hill Engineers, Inc. for the provision of Professional Engineering Services in connection with the miscellaneous improvements at the San Marcos Wastewater Treatment Plant Project

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current fiscal year only. State statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. The City cannot guarantee the availability of funds, and enters into this Agreement only to the extent such funds are made available. The Consultant acknowledges and agrees that it will have no recourse against the City for its failure to appropriate funds for the purposes of this Agreement in any fiscal year other than the year in which this Agreement was executed. The fiscal year for the City extends from October 1 st of each calendar year to September 30th of the following calendar year. 15. Safety The work to be performed under this contract will be performed entirely at the Consultant's risk. The Consultant will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work to be performed under this contract. The Consultant will take all reasonable precautions for the safety of and will provide all reasonable protection to prevent damage, injury, or loss to employees, the work, the endangered species, or the property affected by this contract. All damage or loss to any property caused in whole or in part by the Consultant, any subcontractor, or anyone directly or indirectly employed by any of them will be remedied by the Consultant. 16. Notice As required under this Agreement, notice will be delivered in writing to the parties at the following locations: To the City: City of San Marcos Jared Miller, City Manager 630 E. Hopkins San Marcos, Texas 78666 To the Engineer: CH2M HILL Engineers, Inc., Joseph W. Jenkins, P.E., Senior Engineer 12301 Research Boulevard Building 4, Suite 250 Austin, Texas 78758 17. Taxes The Consultant will not include Federal taxes or State of Texas limited sales excise and use taxes in its invoices or vouchers and statement of costs. The City is exempt from payment of such taxes and the Consultant may retrieve a resale certificate for use on this Project from the State of Texas Comptroller's website. 18. Miscellaneous Provisions (a) This Agreement is governed by the law of the State of Texas. This Agreement is to be performed in Hays County and exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. CITY HALL ® 630 EAST HOPKINS ® SAN MARCOS, TEXAS 78666 ® 512.393.8150 ® FACSIMILE 855.759 -2846 SANMARCOSTX.GOV 15