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PROFESSIONAL CONSULTING SERVICES AGREEMENT <br /> CONTRACT NUMBER: 217-107 <br /> This Agreement is effective the 20th day of December, 2016, between the City of San <br /> Marcos, Texas, (the "City"), 630 East Hopkins, San Marcos, Texas 78666 and Cobb, Fendley & <br /> Associates, Inc. (the "Consultant"), 505 Huntland Drive, Suite 100, Austin, Texas 78752 for the <br /> Consultant's provision of the Downtown District Distribution System Conversion Study (the <br /> "Services"or the"Project"). <br /> The City and the Consultant agree as follows: <br /> ARTICLE 1 <br /> CONSULTANT'S SERVICES AND RESPONSIBILITIES <br /> 1.0 STANDARDS OF PERFORMANCE <br /> 1.0.1 The Consultant is responsible for the proper, accurate and adequate delivery of a <br /> distribution system conversion study for the San Marcos downtown district (the "Conversion <br /> Study"). This Conversion Study is a high-level analysis of the proposed underground conversion <br /> of the Downtown District from overhead electric distribution to an underground distribution <br /> system, to include a conceptual underground distribution plan, recommended construction <br /> segments, estimated costs, challenges and impacts of each segment, how the conversion fits with <br /> the City's current Smart Code development plan and funding options/lessons learned from similar <br /> conversion projects. Both parties assume the results of the Conversion Study will be an effective <br /> tool in the City's decision making process in the conversion planning. The final work product will <br /> serve as a solid foundation for future construction planning. <br /> 1.0.2 The Consultant's Basic Services consist of the services described in Sections 1.0 through <br /> 1.1. <br /> 1.0.3 The performance of all services by the Consultant in connection with this Agreement will <br /> be by persons appropriately licensed or registered under the State of Texas, local and Federal laws <br /> governing their respective consulting disciplines as applicable. In performing all services under <br /> this Agreement,the Consultant will use that degree of care and skill normally exercised for similar <br /> projects by professional Consultants who possess special expertise in the types of services included <br /> in this Agreement. <br /> 1.0.4 The Consultant understands and agrees that it will comply with all local, State and other <br /> applicable federal rules, laws, regulations, ordinances and policies. <br /> 1.0.5 The Consultant will not subcontract any work under this Agreement without prior written <br /> approval from the City. The Consultant will specify any work or services subcontracted under this <br /> Agreement by separate written Agreements and those Agreements will be subject to each provision <br /> of this Agreement. <br /> Cobb Fendley Downtown District Distribution Study 12/20/2016 <br /> 1 <br />