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PROFESSIONAL ENGINEERING SERVICES MASTER AGREEMENT <br />This Agreement is made this the 1 st day of September, 2009, between the City of San <br />Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and M&S Engineering, <br />LLC ("Engineer"), P.O. Box 970, Spring Branch, Texas for the provision of electrical <br />engineering services for the City's Electric Utility Division of the Public Services Department in <br />connection with various projects (the "Project(s)") involving the City's electrical distribution <br />system (the "System"). <br />The City and the Engineer agree as follows: <br />ARTICLE 1 <br />ENGINEER'S SERVICES AND RESPONSIBILITIES <br />1.0 STANDARDS OF PERFORMANCE <br />1.0.1 The Engineer will be responsible for the provision of electrical engineering services in <br />connection with various City related projects under the direction of the City's Electric Utility <br />Division. The Projects will generally include, but are not limited to, the evaluation of current <br />projects and infrastructure, the preparation of designs and other related tasks necessary for the <br />development of System plans and specifications for the City's use. The City will assign services <br />to the Engineer under this Agreement using the Work Authorization Form which is attached to <br />this Agreement as Attachment A. <br />1.0.2 The Engineer's Basic Services consist of the services described in Section 1.1 and include <br />normal electrical engineering services. <br />1.0.3 The performance of all services by the Engineer in connection with this Agreement will <br />be by persons appropriately licensed or registered under State, local and Federal laws governing <br />their respective consulting disciplines. In performing all services under this Agreement, the <br />Engineer will use that degree of care and skill ordinarily exercised for similar projects by <br />professional Engineers who possess special expertise in the types of services involved under this <br />Agreement. <br />1.0.4 No work under this Agreement will be subcontracted by the Engineer without prior <br />written approval from the City. Any work or services subcontracted under this Agreement will <br />be specified by separate written Agreement and will be subject to each provision of this <br />Agreement. <br />1.0.5 Any provisions in this Agreement pertaining to the City's review, approval and/or <br />acceptance of written materials prepared by the Engineer and/or its sub consultants, contractors, <br />and subcontractors in connection with this Agreement will not diminish the Engineer's <br />responsibility for the materials. <br />1.0.6 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 />M&S Agreement 2009