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<br />46. <br /> <br />PROFESSIONAL SERVICES AGREEMENT <br /> <br />This AGREEMENT is made this the 23 rd day of March ,2004, between the City <br />of San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and Dannenbaum <br />Engineering Corporation ("Engineer"), 3409 Executive Center Drive, Suite 129, for the provision <br />of services in connection with the E. Hutchison Street/Texas State University Drainage Project (the <br />"Proj ect"). <br /> <br />The City and the Engineer agree as follows: <br /> <br />ARTICLE 1 <br />ENGINEER'S SERVICES AND RESPONSIBILITIES <br /> <br />1.1 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 for the Proj ect. The Proj ect includes drainage improvements on E. Hutchinson Street <br />from N. LBJ Street to the San Marcos River and on the existing sixty inch storm sewer and pond <br />which belongs to Texas State University - San Marcos ("TSUSM"). <br /> <br />1.1.2 The Engineer's Basic Services consist of the services described in Sections 1.1 through 1.3 <br />and include normal civil engineering services. Certain portions of the Engineer's Basic Services <br />may be required to be performed through the following consulting disciplines as subcontractors to <br />the Engineer: <br /> <br />(1) Topograhic Survey Services - Byrn & Associates, Inc. <br />(2) Water Quality Pond Design -Environmental Survey Consulting <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 proj ects 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 />1 <br />