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PROFESSIONAL ENGINEERING SERVICES AGREEMENT <br />This Agreement is effective November 19 , 2013 between the City of San <br />Marcos, Texas, a home -rule municipal corporation, (the "City "), 630 East Hopkins, San Marcos, <br />Texas 78666 and Brown & Gay Engineers, Inc. (the "Engineer "), 7000 N. Mopac Expressway, <br />Suite 330, Austin, TX, 78731, for the Engineer's provision of design and construction services in <br />connection with the State Highway 123 at Wonder World Drive Relocations Project (the <br />"Project "). <br />The City and the Engineer agree as follows: <br />ARTICLE 1 <br />ENGINEER'S SERVICES AND STANDARD OF PERFORMANCE <br />A. The term of this Agreement begins on the effective date established above and will end <br />upon the Engineer's completion, and the City's acceptance of all services included in this <br />Agreement. The Engineer agrees to provide the City with the services described in Attachment <br />A, Scope of Services, which is incorporated herein by reference for all intents and purposes, and <br />which services may be more generally described as the relocation of City of San Marcos water <br />and sewer mains in conflict with the TxDOT project at State Highway 123 and Wonder World <br />Drive. <br />B. The Engineer understands that time is of the essence and agrees to provide all design <br />work and professional services in the most expedient and efficient manner possible in order to <br />complete its design services by December 1, 2015 in accordance with the approved Project <br />schedule included in this Agreement as Attachment B. <br />C. The Engineer will not subcontract any work under this Agreement without prior written <br />approval from the City. In the event approval is given by the City, the Engineer will specify the <br />appropriate insurance requirements and miscellaneous provisions by separate written agreement <br />with the subcontractor. <br />D. The Engineer will perform all of its services in coordination with the City. The Engineer <br />will advise the City of data and information the Engineer needs to perform its services and the <br />Engineer will meet with City representatives at mutually convenient times to assemble this data <br />and information. <br />E. Rafael Cruz- Rodriguez, P.E. is the Engineer's Project Representative assigned to this <br />Project. The Engineer will not substitute another representative for this Project unless approved <br />in writing by the City in advance of such proposed substitution. In the event the City and the <br />Engineer cannot agree to the substitution of the Project Representative, the City may terminate <br />this agreement. <br />F. The City will designate and notify the Engineer of its designation of an authorized Project <br />