Res 2017-131/approving an agreement with Freese and Nichols, Inc. for the provision of a professional engineering services in connection with the Community Development Block Grant - Disaster Recovery (CDBG-DR) Uhland Road Improvements design amount estim

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disputed amounts, pending resolution thereof and an Authorization of Change in Services form executed by the Engineer and the City. 4.3 TAXES The Engineer 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 Engineer may retrieve a resale certificate for use on this Project from the State of Texas Comptroller's website. ARTICLES 5 ENGINEER'S RECORDS 5.1 The Engineer will keep all of its expense records in a recognized accounting format acceptable to the City and these records will be available to the City at mutually convenient times. 5.2 The City, its auditors, federal auditors, and state agencies that have monitoring or auditing responsibilities for this Agreement will have access to any books, documents, papers and records of the Engineer which are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts, copying and transcriptions. 5.3 The Engineer will furnish to the City at such time and in such form as the City may require, financial statements including audited financial statements,records,reports, data and information, as the City may request pertaining to the matters covered by this Agreement. Information provided pursuant to this subsection will be held in strict confidence to the extent permitted by applicable law. ARTICLE 6 OWNERSHIP AND USE OF DOCUMENTS 6.1 All documents prepared by the Engineer in connection with this Agreement are the property of the City whether any project related to this Agreement is executed or not. 6.2 The Engineer will retain all of its records and supporting documentation relating to this Agreement, and not delivered to the City, for a period of four years except in the event that the Engineer goes out of business during that period, it will tum over, to the City, all of its records relating to the Project for retention by the City. 6.3 As applicable, the Engineer will pay all license fees, royalties, and other costs incident to the use of any invention, design, process, product or device subject to a patent right or copyright held by others in performing the work or in the completed project.