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165. <br /> <br />PROFESSIONAL SERVICES AGREEMENT <br /> <br /> This AGREEMENT is made this the 14ttTlayof January ,2003, between the City <br />of San Marcos, Texas, ("City"), 630 E. Hopkins, San Marcos, Texas 78666 and Byrn & Associates, <br />Inc. ("Engineer"), 1115 Hwy 80 East, San Marcos, Texas 78666, for the provision of professional <br />engineering services in connection with the McCarty Road Interceptor (the "Project"). <br /> <br />The City and the Engineer agree as follows: <br /> <br />1.1 STANDARDS OF PERFORMANCE <br /> <br />1.1.1 Engineer will be responsible for the proper, accnrate and adequate design and preparation of <br />plans and specifications m~d other construction documents and for construction administration for <br />the Project. <br /> <br />1.1.2 The Engineer's Basic Services consist of the services described in Sections i .1 through 1.5 <br />and include normal topographic surveying and civil engineering services. <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 lows 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. i .4 No work under this Agreement will be subcontracted by the Engineer withont prior written <br />approval lkom the City. Any work or services subcontracted trader this Agreement shall be specified <br />by sepm'ate written Agreement and shall be subject to each provision of the Agreement. <br /> <br />1.1.5 At~y provision in this Agreement pertaining to the City's review, approval and/or acceptance <br />of~vritten materials prepm'ed by Engineer and/or its sub-consultants, contractors, and subcontractors <br />in connection with this Agreement will not diminish Engineer's responsibility for the materials. <br /> <br />I. 1.6 The Engineer wii1 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 Engineer <br />will meet with City representatives at nmtually convenient times to assemble this data and <br />information. <br /> <br />1.1.7 The Engineer will assemble a project teton comprised of the City's representatives and the <br />Engineer's representatives. The Engineer will meet with the Project Team to set the design and plan <br />prepm'ation schednle and parameters for all subsequent work, to verify components within which all <br />Project pm'ticipants must perform and to identify all parties and significant deadlines involved in the <br />comprehensive schedule strategy. Based upon this information the Engineer will prepare a detailed <br /> <br />Byrn contraot.wpd 1 <br /> <br /> <br />