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REV 9.21.17 <br />AGREEMENT BETWEEN <br />THE CITY OF SAN MARCOS AND <br />PROFESSIONAL FIRM FOR <br />ENGINEERING SERVICES <br />This Agreement is made as of December 5, _2017 l (the "Effective Date"), by and between: <br />The Owner: The City of San Marcos, Texas <br />and <br />The Professional Firm: Kimley-Horn and Associates, Inc. <br />for <br />The Project: E Hopkins Street Pedestrian & Bike Improvements <br />The Owner and the Professional Firm agree as follows: <br />ARTICLE 1 <br />PROFESSIONAL FIRM'S SERVICES <br />Professional Firm agrees to perform the services specifically described in Exhibit 1 and all other <br />professional services reasonably inferable from Exhibit 1 and necessary for complete performance of <br />Professional Firm's obligations under this Agreement (collectively, "Professional Firm's Services"). To <br />the extent of any conflict between the terms in Exhibit 1 and this Agreement, the terms of this Agreement <br />shall prevail. <br />ARTICLE 2 <br />PROFESSIONAL FIRM'S RESPONSIBILITIES <br />Professional Firm agrees to use Professional Firm's best efforts, skill, judgment, and abilities so <br />as to perform Professional Firm's Services in an expeditious and timely manner consistent with <br />professional standards of care and the orderly progress of the Project. Professional Firm shall at all times <br />provide sufficient personnel to accomplish Professional Firm's Services in a timely manner. Professional <br />Firm shall manage its services, administer the Project and coordinate other professional services as <br />necessary for the complete performance of Professional Firm's obligations under this Agreement. <br />Professional Firm agrees to perform Professional Firm's Services in compliance with all applicable <br />national, federal, state, municipal, and State of Texas laws, regulations, codes, ordinances, orders and <br />with those of any other body having jurisdiction over the Project. <br />Professional Firm's Services shall be reasonably accurate and free from material errors or <br />omissions. Professional Firm shall promptly correct any known or discovered error, omission, or other <br />defect in the plans, drawings, specifications, or other services provided by Professional Firm without any <br />additional cost or expense to Owner. <br />Page I of 11 <br />