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<br />70. <br /> <br />PROFESSIONAL SERVICES AGREEMENT <br /> <br />This AGREEMENT is made this the 13th day of July ,2004, between the <br />City of San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and Carter & <br />Burgess, Inc. ("Engineer"), 777 Main Street, Fort Worth, Texas 76101-2058, for the provision <br />of professional engineering services in connection with the Apron Rehabilitation/Phase 5 for the <br />San Marcos Municipal Airport (the "Project"). <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 <br />preparation of plans and specifications and other construction contract documentsfor the Project, <br />and the parties anticipate that the Texas Department of Transportation, Aviation Division <br />("TxDOT") will contract directly with the Engineer for the associated engineering services. <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. <br /> <br />1.1.3 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 /> <br />1.1.4 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 /> <br />1.1.5 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 /> <br />1.1.6 Engineer will perform all of its services in coordination with the City. The Engineer will <br />advise the City of data and information the Engineer needs to perform its services, and the <br />Engineer will meet with City representatives at mutually convenient times to assemble this data <br />and information. <br /> <br />Carter & Burqess û4.wpd <br /> <br />1 <br />