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PROFESSIONAL ENGINEERING SERVICES AGREEMENT <br />This Agreement is made this the 2nd day of December, 2008, between the City of San <br />Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and Doucet & Associates, <br />Inc. ("Engineer"), 7401 B Highway 71 West, Suite 160, Austin, Texas 78735 for the provision <br />of professional engineering services in connection with a hike and bike trail along Aquarena <br />Springs Drive (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 generally consists of the construction of <br />approximately 8,100 linear feet of pedestrian and bicycle pathway along the north side of <br />Aquarena Springs Drive which will extend from just east of IH35 and continue east to its <br />intersection with West Sessom Drive. <br />1.0.2 The Engineer's Basic Services consist of the services described in Sections 1.0 through 1.3 <br />and include normal civil engineering services. <br />1.0.3 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 />1.0.4 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 will <br />be specified by separate written Agreement and will be subject to each provision of this <br />Agreement. <br />1.0.5 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 />1.0.6 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 />Doucet and Associates-Hike and Bike Trail <br />1