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<br />74. <br /> <br />PROFESSIONAL SERVICES AGREEMENT <br /> <br />This Agreement is made this the 29th day of January ,2002, between <br />the City of San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and <br />Alan Plummer Associates, Inc. ( "Engineer") 7524 Mosier View Court, Suite 200, Fort <br />Worth, Texas 76118-7110 for the provision of a wastewater treatment plant feasibility <br />analysis for water reservoirs at the Surface Water Treatment Plant ("SWTP") and the <br />Wastewater Treatment Plant ("WWTP") (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 implementation <br />of a feasibility study for the Project. <br /> <br />1.1.2 The Engineer's Basic Services consist of the services described in Sections 1.1 <br />through 1.4 and include normal engineering services. <br /> <br />1.1.3 The performance of all services by the Engineer in connection with this Agreement <br />will be by persons appropriately licensed or registered under State, local and Federal laws <br />governing their respective consulting disciplines. In performing all services under this <br />Agreement, the Engineer will use that degree of care and skill ordinarily exercised for <br />similar projects by professional Engineers who possess special expertise in the types of <br />services involved under this 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 <br />shall be specified by separate written Agreement and shall be subject to each provision of <br />this 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, <br />contractors, and subcontractors in connection with this Agreement will not diminish the <br />Engineer's responsibility for the materials. <br /> <br />1.1.6 The Engineer will assemble a Project team comprised of the City's representatives <br />and the Engineer's representatives. The Engineer will meet with the Project team to set <br />the schedule of work for all subsequent work, to verify the components within which all <br />Project participants must perform, and to identify all parties and significant deadlines <br />involved in the comprehensive schedule strategy. Based on this information, the Engineer <br /> <br />Reservoir Study Contract.wpd <br /> <br />1 <br />