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<br /> 23 <br /> This AGREEMENT is made this the 11 day of February , <br /> 19 86 , between the CITY OF SAN MARCOS, TEXAS, hereinafter <br /> referred to as "OWNER", 630 East Hopkins, San Marcos, Texas 78666, <br /> and FREESE AND NICHOLS, INC., Consulting Engineers And Planners, <br /> One Highland Center, Suite 560, 314 Highland Mall Boulevard, <br /> Austin, Texas 78752, hereinafter referred to as "ENGINEER", for <br /> engineering services in connection with the University and Main <br /> Interceptors Project for the City of San Marcos, Texas. <br /> WITNESSETH: Owner and Engineer do hereby agree as follows: <br /> ARTICLE 1 <br /> ENGINEER'S SERVICES AND RESPONSIBILITIES <br /> The parties hereto agree and understand that Owner is relying <br /> upon Engineer as an expert in the fields of wastewater <br /> utility design and construction and as such, Engineer shall <br /> advise and afford Owner qualified alternatives and one <br /> preferred recommendation taking into account and balancing <br /> the most efficient, economical and practical methods for <br /> solving the presently known inadequacies of the existing <br /> University and Main Interceptors and those inadequacies which <br /> may become known during the performance of this contract. <br /> Engineer shall be responsible for the proper, accurate and <br /> adequate design of the University Interceptor and/or the Main <br /> Interceptor and/or the rehabilitation of the Main Interceptor <br /> as well as the preparation of accurate and adequate plans, <br /> specifications, reports and other Contract Documents for the <br /> project(s), notwithstanding provisions in this Agreement <br /> pertaining to Owner's review, approval and/or acceptance of <br /> reports, plans, specifications, Contract Documents, or other <br /> written materials prepared by Engineer or its consultants, <br /> contractors, and subcontractors in connection with this <br /> project(s). The Engineer's Basic Services consist of the <br /> following phases described in Paragraphs 1.1 through 1.4 and <br /> -1- <br />