Res 2016-007/approving a professional services agreement with K. Friese & Associates, Inc. for engineering services in connection with the Cheatham Street and Blanco River Waterline Bore Improvements Project in the not-to-exceed amount of $241,498.00

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PROFESSIONAL ENGINEERING SERVICES AGREEMENT CONTRACT NUMBER: 216-145 This Agreement is effective January 19, 2016 between the City of San Marcos, Texas, a home -rule municipal corporation, (the "City"), 630 East Hopkins, San Marcos, Texas 78666 and K. Friese & Associates, Inc. (the "Engineer"), 1120 S. Capital of Texas Highway, CityView 2, Suite 100, Austin, TX 78746, for the Engineer's provision of engineering services in connection with the Cheatham Street and Blanco River Waterline Bore 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. The services for this Project are more generally described as the provision of preliminary engineering, final design, bid and construction phase services for two waterline bore locations, 1) Cheatham Street under the San Marcos River and 2) the east side of IH -35 under the Blanco River. Also included is the design of a sidewalk from the Cheatham Street bridge over the San Marcos River to the Mill Race adjacent to the newly constructed box culvert. 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 design by October 21, 2016 in accordance with the approved Project schedule included in this Agreement as Attachment C. 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 Owens, 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. 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.