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PROFESSIONAL ENGINEERING SERVICES AGREEMENT <br />This Agreement is effective February 17, 2015 between the City of San Marcos, Texas, a <br />home -rule municipal corporation, (the "City "), 630 East Hopkins, San Marcos, Texas 78666 and <br />Klotz Associates (the "Engineer "), 901 South MoPac Expressway, Building V, Suite 220, Austin, <br />Texas 78746, for the Engineer's provision of design and construction phase services in connection <br />with the Wallace Addition — Water and Wastewater Improvements (the "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 A, <br />Scope of Services, which is incorporated herein by reference for all intents and purposes, and <br />which services may be more generally described as follows: design and construction phase services <br />for a 12 -inch water line along Staples Road, 8 -inch water lines in Durango Street, Juarez Avenue, <br />and Tampico Street, and an 8 -inch wastewater line from Cape Road to Tampico Street in an <br />easement. <br />B. The Engineer understands that time is of the essence and agrees to provide all design work <br />and professional services in the most expedient and efficient manner possible in order to complete <br />the design services by December 28, 2015 in accordance with the approved Project schedule <br />included in this Agreement as Attachment C. <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 any <br />work or services, the appropriate insurance requirements and miscellaneous provisions by separate <br />written agreement 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. Scott Dukette, P.E.Nice President, is the Engineer's Project Representative assigned to <br />this Project. The Engineer will not substitute another representative for this Project unless <br />approved in writing by the City in advance of such proposed substitution. In the event the City <br />and the Engineer cannot agree to the substitution of the Project Representative, the City may <br />terminate this agreement. <br />F. The City will designate and notify the Engineer of its designation of an authorized Project <br />