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PROFESSIONAL ENGINEERING SERVICES AGREEMENT <br />This Agreement is made this the 3ra day of March 2008, between the City of San <br />Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and Kellogg Brown & <br />Root Services, Inc. ("Engineer"), 505 E. Huntland Drive, Suite 100, Austin, Texas 78752 for the <br />provision of services in connection with the McCarty Road Improvements Project (the <br />"Project"). <br />The City and the Engineer agree as follows: <br />ARTICLE 1 <br />ENGINEER'S SERVICES AND RESPONSIBILITIES <br />1.1 STANDARDS OF PERFORMANCE <br />1.1.1 Engineer will be responsible for the proper, accurate and adequate design and preparation <br />of plans and specifications and other construction contract documents and for construction <br />administration for the Project. The Project consists of the construction of McCarty Road <br />improvements in San Marcos, from IH 35 northbound frontage road eastward approximately 850 <br />linear feet. In general, the Project involves: <br />a) the construction of a 5-lane curbed section with grass ditches approximately 850 feet in <br />length; <br />b) storm sewer drainage; <br />c) drainage analysis/design; <br />d) traffic control; and <br />e) signing, striping and delineation. <br />1.1.2 The Engineer understands that Hays County plans to reconstruct McCarty Road as part of <br />the proposed FM 110 Pass-Through Finance Agreement with the Texas Department of <br />Transportation ("TxDOT") at a date after the City's proposed improvements. The City's <br />improvements will not be reimbursable by TxDOT. However, the Engineer will take into <br />account design considerations of the latest FM 110 design provided by the City to minimize <br />reconstruction of the City's newly improved portion. <br />1.1.3 The Engineer's Basic Services consist of the services described in Sections 1.1 through <br />1.8 and include normal civil engineering services. <br />1.1.4 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 />KBR McCarty Agreement 2008 <br />1 <br />