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PROFESSIONAL ENGINEERING SERVICES AGREEMENT <br />This Agreement is effective Apri 1 1 ___,2014 between the City of San <br />Marcos, Texas, a home -rule municipal corporation, (the "City "), 630 East Hopkins, San Marcos, <br />Texas 78666 and K. Friese & Associates, Inc. (the "Engineer "), 1120 S. Capital of Texas <br />Highway CityView 2, Suite 100, Austin, Texas 78746, for the Engineer's provision of <br />engineering services in connection with the N. LBJ and Oakridge Utility Improvements (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. The <br />services for this Project are more generally described as the provision of preliminary <br />engineering, final design, bid and construction phase services for the installation of various <br />water, sewer, and force mains on N. LBJ Drive between Holland Street and Craddock Avenue <br />and on Oakridge Drive between N. LBJ Drive and Lift Station #12 as well as the demolition of <br />Lift Station # 10 and the upgrade of Lift Station # 12. <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 the Project by September 30, 2016 in accordance with the approved Project schedule <br />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. Thomas Owens, P.E. is the Engineer's Project Representative assigned to this Project. <br />The Engineer will not substitute another representative for this Project unless approved in <br />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 />1 <br />