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PROFESSIONAL ENGINEERING SERVICES AGREEMENT <br /> This Agreement is effective /t tlA S4— ! , 2017 between the City of San <br /> Marcos, Texas, a home-rule municipal corpogtion, (the "City"), 630 East Hopkins, San Marcos, <br /> Texas 78666 and Kimley-Horn and Associates, Inc. (the "Engineer"), 601 NW Loop 410, Suite <br /> 350, San Antonio, TX 78216, for the Engineer's provision of engineering services in connection <br /> with the Sessom Creek Wastewater Replacement From N. LBJ to Canyon Road (the <br /> "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 /> services for this Project are more generally described as follows: design, bidding and construction <br /> contract administration of a sanitary sewer main replacement along Sessom Drive and Canyon <br /> Road. <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 Project by December 1, 2020, in accordance with the approved Project schedule included in <br /> 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. Kendall NeSmith, P.E. is the Engineer's Project Representative assigned to this Project. <br /> The Engineer will not substitute another representative for this Project unless approved in writing <br /> by 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 /> 1 <br />