Res 2014-070/Agreement with Espey Consultants dba RPS for the Blanco River-River Road Slope Stabilization Project

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PROFESSIONAL ENGINEERING SERVICES AGREEMENT This Agreement is effective May 6, 2014 between the City of San Marcos, Texas, a home - rule municipal corporation, (the "City "), 630 East Hopkins, San Marcos, Texas 78666 and Espey Consultants Inc., dba RPS (the "Engineer "), 4801 Southwest Parkway, Parkway 2, Suite 150, Austin, Texas, 78735, for the Engineer's provision of professional engineering services in connection with the Blanco River -River Road Slope Stabilization Project (the "Project "). The City and the Engineer agree as follows: ARTICLE 1 ENGINEER'S SERVICES AND STANDARD OF PERFORMANCE A. The term of this Agreement begins on the effective date established above and will end upon the Engineer's completion, and the City's acceptance of all services included in this Agreement. The Engineer agrees to provide the City with the services described in Attachment A, Scope of Services, which is incorporated herein by reference for all intents and purposes, and which services may be more generally described as follows: preparation of construction plans, specifications, construction cost estimate, and a permit assessment. The Project also includes obtaining local permits, bid, and construction phase services. If a permit is required by the Corps of Engineers 404 Permit process, this will be considered an additional services request will be submitted to the City in accordance with G. below. B. The Engineer understands that time is of the essence and agrees to provide all design work and professional services in the most expedient and efficient manner possible in order to complete the construction plans, specifications, and obtain permits (if exempt from Corps 404 process) by October 15, 2014 in accordance with the approved Project schedule included in this Agreement as Attachment B. C. The Engineer will not subcontract any work under this Agreement without prior written approval from the City. In the event approval is given by the City, the Engineer will specify the appropriate insurance requirements and miscellaneous provisions by separate written agreement with the subcontractor. D. The Engineer will perform all of its services in coordination with the City. The Engineer will advise the City of data and information the Engineer needs to perform its services and the Engineer will meet with City representatives at mutually convenient times to assemble this data and information. E. Tom Hegemier, P.E., is the Engineer's Project Representative assigned to this Project. The Engineer will not substitute another representative for this Project unless approved in writing by the City in advance of such proposed substitution. In the event the City and the Engineer cannot agree to the substitution of the Project Representative, the City may terminate this agreement.