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AGREEMENT IIETWEE <br />TIE CITY OF SAID MAR OS AND <br />PROFE SSIONAL MRM <br />This Agreement is made as of Ady 2 , 2019 (the "Effective Date"), by and between: <br />The Owner: The City of San Marcos, Texas <br />and <br />The Professional Firm: Nelson Nygaarid Consulting Associates, Inc. <br />for• <br />The Project; 2019 Five Year Strategic Master Plan for Transit Ser -vices, #219-249 <br />Owner Standard Terms and Conditions; Parties have read and agree to be bound by the Standard Terrors and Conditions, <br />when not in conflict with the terms of this Agreement, found at w�vw.sarirrlarcostx. Qyr eiiri)sarideorrditiotrs. <br />Further; <br />The Owner and the Professional Firm agree as follows. <br />ARTICLE .I <br />PROFESSIONAL FIRM'S SERVICES <br />Professional Firm agrees to perform the services specifically described in Exhibit 1 and all other professional <br />services reasonably inferable from Exhibit I and necessary for complete performance of Professional Firm's <br />obligations under this Agreement (collectively, "Professional Firin's Services"). To the extent of any conflict between <br />the terms in Exhibit I and this Agreement, the terms of this Agreement shall prevail.. <br />ARTICLE <br />PROFESSIONAL FIRM'S RE,SPO SIBILITIES <br />Professional Firm agrees to perform services with the professional shill and carie ordinarily l r ovid d b <br />Competent OF ay.ehit e4s onsullants practicing in the same or similar locality and under the sane or similar <br />circumstances al3d licen ,0 and as expeditiously as is prudent considering the ordinary professional skill <br />and carie of a competent engineer • wvhite t consultant. Professional Firm shall at all times provide sufficient <br />personnel to accomplish Professional Firm's Services in a timely manner. Professional Firm shall nnanage its services, <br />administer the Project and coordinate other- professional services as necessary for the complete performance of <br />Professional Firm's obligations under this Agreement. <br />Professional Firm agrees to perform Professional Firing's Services in compliance with all applicable national, <br />federal, state, municipal, and State of Texas laws, regulations, codes, ordinances, orders and with those of any other <br />body having Jurisdiction over the Project. <br />Professional Firm's Services shall be reasonably accurate and fr•ce fiioni material errors or omissions. <br />Professional Firm shall promptly correct any known or discovered error, omission, or other defect in the plans, <br />drawings, specifications, or other services provided by Professional Firm without any additional cost or expense to <br />Dwyer. <br />Professional Firm shall designate a representative primarily responsible for Professional Firm's Services under <br />this Agreement. The designated representative shall act on behalf of Professional Firth with respect to all phases of <br />Professional Firm's Ser -vices and shall be available as required for the benefit of the Project and Owner. The designated <br />representative shall not be changed without prior approval of the Owner, which approval shall not be unreasonably <br />withheld, <br />Rev. 01128/19 Page 1 of 16S Approved ReAlisions 06120119 <br />