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PROFESSIONAL ENGINEERING SERVICES AGREEMENT <br />This Agreement is effective this 19th of October 2010 between the City of San Marcos, <br />Texas, (the "City "), 630 East Hopkins, San Marcos, Texas 78666 and Burgess and Niple, Inc. <br />(the "Engineer "), 4701 Westgate Blvd., Suite E 503, Austin, Texas 78745 for the provision of <br />professional engineering services in connection with a Sanitary Sewer Evaluation Study (the <br />"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 The Engineer will be responsible for conducting a comprehensive collection assessment <br />of portions of basins 05, 12A, 14, 19 and 21of the sanitary sewer collection system serving the <br />City of San Marcos. The Project generally includes inspection, testing, cleaning and analysis of <br />portions of the sanitary sewer collection system. The goal of the Project is to identify system <br />deficiencies which result in inflow and infiltration into the City's sanitary sewer system and to <br />develop a set of solutions that will eliminate recurring sanitary sewer overflows in the Project <br />area. <br />1.0.2 The Engineer's Basic Services consist of the services described in Sections 1.0 through <br />1.16 and currently there are no plans by the Consultant to subcontract any of the work under this <br />Agreement. <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 normally exercised for similar projects by <br />professional Engineers who possess special expertise in the types of services included in this <br />Agreement. <br />1.0.4 The Engineer will not subcontract any work under this Agreement without prior written <br />approval from the City. The Engineer will specify any work or services subcontracted under this <br />Agreement by separate written Agreements and those Agreements will be subject to each <br />provision of this 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 />Burgess and Niple, Inc. Engineering Services Agreement <br />