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<br />53. <br /> <br />PROFESSIONAL SERVICES AGREEMENT <br /> <br />This AGREEMENT is made this the 6th day of April ,2005, between the <br />City of San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and Loomis <br />Austin, Inc. ( "Engineer"), 3103 Bee Caves Road, Suite 225, Austin, Texas 78746 for the <br />provision of professional engineering services in connection with the El Camino Real <br />Transmission Main Extension Project-Phase 3 (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 documents and for <br />construction administration for the Project. The Project includes the design of a 24", <br />approximately 8,400 foot extension to the El Camino Real Transmission Main from State <br />Highway 123 at Cottonwood Creek to the intersection of County Road 266 and McCarty Lane in <br />San Marcos, Texas. The assumed route for the proposed water line begins in the west right-of- <br />way line of Highway 123 approximately 2,600 feet north of its intersection with County Road <br />266. The route runs west across private property, then tums south, continuing across private <br />property until it intersects the north line of CR 266 right-of-way to its termination point. <br /> <br />1.1.2 The Engineer's Basic Services consist of the services described in Sections 1.1 through 1.7 <br />and include normal engineering services. Certain portions of the Engineer's Basic Services may <br />be required to be performed through the following consulting disciplines as subcontractors to the <br />Engineer: <br /> <br />(1) Surge Analysis - Advantica <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 <br />