Res 2024-058 approving an agreement with Kimley Horn and Associates, Inc. for the provision of professional engineering services for the Rattler Road Waterline Extension Project for $147,009.10

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DocuSign Envelope ID:98501411-320E-44D8-BCCB-80350B5534A3 CONTRACT NUMBER 224-138 AGREEMENT BETWEEN THE CITY OF SAN MARCOS AND PROFESSIONAL ENGINEERNG FIRM This Agreement("Agreement")is entered into by and between the Owner, City of San Marcos, Texas ("CITY"), and Kimley-Horn and Associates, Inc., Austin, Texas ("Professional Engineering Firm"), and is effective for all purposes as of the date of the last signature to this Agreement("Effective Date"). The Owner: The City of San Marcos,Texas and The Professional Firm ("Firm"): Kimley-Horn and Associates,Inc. Austin, Texas for The Project: 224-138 Rattler Road Waterline Extension PSA Owner Standard Terms and Conditions: Parties have read and agree to be bound by the Standard Terms and Conditions, when not in conflict with the terms of this Agreement, found at sanmarcostx.Dov/StandardTenrnsandConditions. Further; The Owner and the Professional Firm agree as follows: ARTICLE 1 PROFESSIONAL FIRM'S SERVICES Professional Firm agrees to perform the services specifically described in Exhibit 1 and all other professional services reasonably inferable from Exhibit 1 and necessary for complete performance of Firm's obligations under this Agreement (collectively, "Services"). To the extent of any conflict between the terms in Exhibit 1 and this Agreement, the terms of this Agreement shall prevail. ARTICLE 2 PROFESSIONAL FIRM'S RESPONSIBILITIES Professional licensed engineer or registered architect will perform services: (1) with the professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. Rev 01.11.2023 Page 1 of 10