Res 2015-123/approving on-call agreements between the City and Raba Kistner Consultants, Inc., Terracon Consultants, Inc. and Fugro Constultants, Inc. for professional geotechnical services in the not-to-exceed amount of $200,000.00 per agreement

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(b) Each material change (deletion or addition) in the services to be provided by the Engineer must be authorized by the City on the Authorization of Change in Services form attached to this Agreement as Attachment C. Compensation for additional services will be in addition to that specified for Basic Services in accordance with Section of this Agreement. The approval of the San Marcos City Council is necessary for all additional services the compensation for which exceeds $50,000.00. 21. Basis of Compensation (a) Basic Services. The total of all fees and expenses to be paid to the Engineer for the satisfactory performance of Basic Services as described in Section A is a total not to exceed fee of $200,000.00 based on the Engineer's hourly rates and reimbursable expenses as indicated on Attachment A — Material Testing Services Schedule. (b) Additional Services /Expenses. Compensation for additional services outside of those services set forth in the Material Testing Services Schedule (Attachment A) will be computed based on the Engineer's standard hourly rates indicated and reimbursable expenses at direct cost, if any. 22. 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. In the event of a dispute in federal court, venue will be in the United States District Court for the Western District of Texas, Austin Division. (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 or failure to act. (c) The Engineer agrees not to use funds received by it under the terms of this Agreement for any partisan political activity or to further the election or defeat of any candidate for public office. (d) The Engineer hereby affirms that neither the Engineer, the Engineer's firm nor any of its associates or employees have made or agreed to make any valuable gift whether in the form of service, loan, thing, or promise to any person or any of his /her immediate family, having the duty to recommend, the right to vote upon, or any other direct influence on the selection of consultants to provide professional services to the City within the two years preceding the execution of this Agreement. A campaign contribution, as defined by the Texas Election Code or the San Marcos City Code will not be considered as a valuable gift for the purposes of this Agreement. The Engineer further agrees that none of its paid personnel will be employees of the City or have any contractual relationship with the City. All activities, investigations, and other efforts made by the Engineer pursuant to this Agreement will be conducted by employees, associates, or independent contractors of the Engineer. (e) In performing the services required under this Agreement, the Engineer will not discriminate against any person on the basis of race, color, religion, sex, national origin, age, disability or ancestry. The Engineer agrees not to engage in employment practices which have the purpose or effect of discriminating against CITY HALL a 630 EAST HOPKINS ® SAN MARCOS, TEXAS 78666 ® 512.393.8150 ® FACSIMILE 855.759.2846 SANMARCOSTX.GOV II