Res 2015-010/agreement between the City and Freese and Nichols, Inc. for the provision of Professional Engineering Services in connection with The Hopkins Street: Bishop to Moore Improvements Project

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PROFESSIONAL ENGINEERING SERVICES AGREEMENT This Agreement is effective on February 3, 2015 between the City of San Marcos, Texas, a home -rule municipal corporation, (the "City "), 630 East Hopkins, San Marcos, Texas 78666 and Freese and Nichols, Inc., (the "Engineer "), 10430 Moraco Circle, Suite 300 Austin, Texas 78759, for the Engineer's provision of professional preliminary engineering services in connection with the professional preliminary engineering services in connection with the Hopkins Street: Bishop to Moore Improvements 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 a drainage study and 30% design development for this Project. 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 Project by January 29, 2016 in accordance with the approved Project schedule included in Attachment A of this Agreement. 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 any work or services, 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. Jay Scanlon, P.E., CFM 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. F. The City will designate and notify the Engineer of its designation of an authorized Project representative who will act on the City's behalf with respect to this Agreement.