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<br /> AMENDMENT NO. 5 TO CONTRACT FOR ENGINEERING SERVICES <br /> The Contract for Engineering Services dated May 7, 1979, Amendment No. <br /> 1 dated Hay 19, 1980, Amendment No. 2 dated August 3, 1982, and <br /> Amendment No. 3 dated November 9, 1982, by the CITY OF SAN MARCOS, <br /> TEXAS, and FREESE AND NICHOLS, INC., shall be amended as set forth <br /> hereunder. The said Contract and Amendments Nos. 1, 2, and 3 are <br /> attached as Attachment A. <br /> 1. Section 2, Character and Extent of Services, shall be <br /> modified as follows: <br /> c. General Representation and Observation During <br /> Construction: <br /> "Notwithstanding any of the foregoing, Engineer shall be <br /> responsible for any work done not in compliance with the <br /> construction contract if Engineer has failed to use <br /> reasonable diligence up to accepted professional <br /> standards in monitoring the work of the contractor. " <br /> The Contract Amendment No. 5 is executed in two counterparts. <br /> IN TESTIMONY HEREOF, they have executed this agreement this <br /> day of , 1984. <br /> 'ATTES'r: CITY OF SAN MARCOS <br /> Owner <br /> A. C. Gonzalez <br /> City Manager <br /> WITNESS: FREESE AND NICHOLS, INC. <br /> Engineer <br /> A. Lee Head, III., P. E. George Human, P. E. <br /> Chief Engineer Vice President <br />