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PROFESSIONAL ENGINEERING SERVICES AGREEMENT <br />This Agreement ( #215 -315) is effective the 1 st day of September, 2015, between the City <br />of San Marcos, Texas, (the "City "), 630 East Hopkins, San Marcos, Texas 78666 and Recreation <br />Engineering & Planning, Inc. (the "Engineer "), 485 Arapahoe Ave., Boulder, Colorado 80302, <br />for the Engineer's provision of professional engineering services in connection with the Cross - <br />Town Pathway Trails Project (the "Project "). <br />The City and the Engineer agree as follows: <br />ARTICLE 1 <br />ENGINEER'S SERVICES AND RESPONSIBILITIES <br />1.0 STANDARDS OF PERFORMANCE <br />1.0.1 The Engineer is responsible for the proper, accurate and adequate design and preparation <br />of reports, plans, specifications and other construction contract documents and for construction <br />administration of the Project. The Project generally involves construction of a trail from Ramon <br />Lucio Park to City Park including trail alignment, cross sections, profiles and detail. In addition, <br />the Project includes replacing the existing trail with a ten foot wide concrete trail and the creation <br />of new underpasses at Cheatham Street, the railroad tracks between Rio Vista Park and Children's <br />Park and underneath IH -35 along the San Marcos River as well as a bridge over Purgatory Creek <br />and two over the San Marcos River or its tributaries, between Cheatham Street and IH -35.. <br />1.0.2 The Engineer understands that this Project has been approved by the Texas Department of <br />Transportation ( "TxDOT ") as a Local Transportation Enhancement ( "TE ") Project and funding <br />for the construction of this Project is being provided by TxDOT. The Engineer will perform all of <br />its services so that the Project will proceed in accordance with the applicable requirements of the <br />Local Transportation Project Advance Funding Agreement ( "AFA ") between the City of San <br />Marcos and TxDOT (Attachment A). The Project will comply with all applicable federal <br />requirements including those cited in 43 TAC Sections 11.200 et. seq., the AFA and those relating <br />to participation by disadvantaged business enterprises, the Americans with Disabilities Act, and <br />environmental matters. <br />1.0.3 The Engineer's Basic Services consist of the services described in Sections 1.0 through 1.7 <br />and include normal civil engineering services. <br />1.0.4 The performance of all services by the Engineer in connection with this Agreement will be <br />by persons appropriately licensed or registered under the State of Texas, local and Federal laws <br />governing their respective consulting disciplines. In performing all services under this Agreement, <br />the Engineer will use that degree of care and skill normally exercised for similar projects by <br />professional engineers who possess special expertise in the types of services included in this <br />Agreement. <br />REP Agreement for Cross -Town Pathway Project 9/1/2015 <br />