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PROFESSIONAL ENGINEERING SERVICES AGREEMENT <br />This Agreement is made this the 6th day of May, 2008, between the City of San Marcos, <br />Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and HNTB Corporation (Engineer), <br />301 Congress Avenue, Ste. 600, Austin, Texas 78701 for the provision of professional <br />engineering services in connection with the Hutchison Street Drainage Improvements Project <br />(the "Project"). <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 Engineer will be responsible for the proper, accurate and adequate design and <br />preparation of plans and specifications and other construction contract documents and for <br />construction administration for the Project. The Project includes drainage improvements, <br />including storm water drainage infrastructure (pipe/box culverts), inlets, water quality ponds near <br />the outfall to the San Marcos River at San Marcos Plaza, and outfall structure(s). Pavement <br />restoration will be limited to trench repair. <br />1.0.2 The Project limits are generally confined to sections of N. Fredericksburg Street, <br />University Drive, N. LBJ Drive, N. Guadalupe St. and E. Hutchison Street. The project will <br />outfall to the San Marcos River just east of CM Allen Parkway. Two proposed small water <br />quality ponds will be constructed as part of the Project. <br />1.0.3 The Engineer's Basic Services consist of the services described in Sections 1.1 through 1.4 <br />and include normal civil engineering services. <br />1.0.4 The performance of all services by the Engineer in connection with this Agreement will <br />be by persons appropriately licensed or registered under local, State 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 />1.0.5 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 shall <br />be specified by separate written Agreement and shall be subject to each provision of this <br />Agreement. <br />1.0.6 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 subconsultants, contractors, <br />and subcontractors in connection with this Agreement will not diminish the Engineer's <br />responsibility for the materials. <br />HNTB Agreement -Hutchison Drainage <br />1 <br />