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219. <br /> <br />PROFESSIONAL SERVICES AGREEMENT <br /> <br /> This AGREEMENT is made this the 9th dayof February .,2004, between the City <br />of San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and Carter & Burgess, <br />Inc. ("Engineer"), 2705 Bee Cave Road, Suite 300~ Austin, Texas 78746 for the provision of services <br />in connection with the E1 Camino Real Transmission Main Project (the "Project"). <br /> <br />The City and the Engineer agree as follows: <br /> <br /> ARTICLE 1 <br />ENGINEER'S SERVICES AND RESPONSIBILITIES <br /> <br />121 STANDARDS OF PERFORMANCE <br /> <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 of the Project. The Project includes design of approximately 12,850 LF of 30 inch <br />water line from US Highway 80 to Staples Road (FM 621) and includes crossing the San Marcos <br />River. The Project will also include approximately 8,300 LF of 24 inch line from Staples Road <br />across Redwood Road to Cottonwood Creek. <br /> <br />1.1.2 The Engineer's Basic Services consist of the services described in Sections 1.1 through 1.5 <br />and include normal engineering services. Certain portions of the Engineer's Basic Services may <br />be required to be performed through the following consulting disciplines as subcontractors to the <br />Engineer: <br /> <br />(1) <br />(2) <br /> <br />Archeological Studies - Texas State University - San Marcos <br />Surge Analysis - Advantica Technology <br /> <br />1.1.3 The performance of all services by the Engineer in connection with this Agreement will be <br />by persons appropriately licensed or registered under State, local and Federal laws governing their <br />respective consulting disciplines. In performing all services under this Agreement, the Engineer will <br />use that degree of care and skill ordinarily exercised for similar projects by professional Engineers <br />who possess special expertise in the types of services involved under'this Agreement. <br /> <br />1.1.4 No work under this Agreement will be subcontracted by the Engineer without prior written <br />approval from the City. Any work or services subcontracted under this Agreement shall be specified <br />by separate written Agreement and shall be subject to each provision of this Agreement. <br /> <br />1.1.5 Any provisions in this Agreement pertaining to the City's review, approval and/or acceptance <br />of written materials prepared by the Engineer and/or its subconsultants, contractors, and <br />subcontractors in connection With this Agreement will not diminish the Engineer's responsibility for <br />the materials. <br /> <br /> <br />