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Docusign Envelope ID: BB4FCDA1-A564-4C7D-B116-E72FBD797168 <br />CONTRACT NUMBER 224-193 <br />AGREEMENT BETWEEN <br />THE CITY OF SAN MARCOS AND <br />PROFESSIONAL ENGINEERNG FIRM <br />This Agreement ("Agreement") is entered into by and between the Owner, City of San Marcos, Texas <br />("CITY"), and Kimley-Horn and Associates, Inc., ("Professional Engineering Firm"), and is effective for all <br />purposes as of the date of the last signature to this Agreement ("Effective Date"). <br />The Owner: The City of San Marcos, Texas <br />and <br />The Professional Firm ("Firm"): Kimley-Horn and Associates, Inc. <br />for <br />The Project: 224-193 Transportation Master Plan Update <br />Owner Standard Terms and Conditions: Parties have read and agree to be bound by the Standard Terms and <br />Conditions, when not in conflict with the terms of this Agreement, found at <br />sanmarcostx.gov/StandardTerfnsandConditions. <br />Further; <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 Finn's <br />obligations under this Agreement (collectively, "Services"). To the extent of any conflict between the terms in <br />Exhibit 1 and this Agreement, the terms of this Agreement shall prevail. <br />ARTICLE 2 <br />PROFESSIONAL FIRM'S RESPONSIBILITIES <br />Professional licensed engineer or registered architect will perform services: <br />(1) with the professional skill and care ordinarily provided by competent engineers or architects practicing <br />under the same or similar circumstances and professional license; and <br />(2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent <br />engineer or architect. <br />Rev 01.11.2023 Page 1 of 15 <br />