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PROFESSIONAL ENGINEERING SERVICES AGREEMENT <br />CONTRACT NUMBER: 216 -135 <br />This Agreement is effective February 2, 2016 between the City of San Marcos, Texas, a <br />home -rule municipal corporation, (the "City "), 630 East Hopkins, San Marcos, Texas 78666 and <br />Kimley -Horn and Associates, Inc. (the "Engineer"), 601 NW Loop 410, Suite 350, San Antonio, <br />TX 78216, for the Engineer's provision of engineering services in connection with the Sessom <br />Improvements from N. LBJ to Comanche (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. The <br />engineering phase services for this Project include the provision of preliminary design of sanitary <br />sewer and shared use path improvements along Sessom Drive in San Marcos. <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 />its services for the Project by June 1, 2016 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 the <br />appropriate insurance requirements and miscellaneous provisions by separate written agreement <br />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. V. Ryan Sowa, P.E. is the Engineer's Project Representative assigned to this Project. The <br />Engineer will not substitute another representative for this Project unless approved in writing by <br />the City in advance of such proposed substitution. In the event the City and the Engineer cannot <br />agree to the substitution of the Project Representative, the City may terminate this agreement. <br />F. The City will designate and notify the Engineer of its designation of an authorized Project <br />representative who will act on the City's behalf with respect to this Agreement. <br />