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<br />81 . <br /> <br />PROFESSIONAL SERVICES AGREEMENT <br /> <br />This Agreement is made this the 6 th day of July , 2005, between the City <br />of San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and Espey <br />Consultants, Inc. ("Engineer") 3809 South 2nd Street, Suite B-300, Austin, Texas 78704 for the <br />provision of professional engineering services in connection with the development of a flood <br />protection plan (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 The Engineer will be responsible for the proper, accurate and adequate design and <br />preparation of a Flood Protection Plan for seven watersheds within the City limits and Hays <br />County to include collection of baseline information, review of environmental constraints, the <br />determination of flood problem areas, field survey data collection, hydrologic and hydraulic <br />model development, development of flood protection measures to achieve desired levels of <br />protection, hydraulic analysis of proposed alternatives, cost-benefit anaylyis of proposed <br />alternatives, preliminary investigations into an early flood warning system and the development <br />of an implementation and phasing plan. Partial funding for this Project is being provided by the <br />Texas Water Development Board ("TWDB") through a Research and Planning Fund Flood <br />Protection Planning Grant. The Engineer will perform all of its services so that the Project will <br />proceed in accordance with TWDB guidelines as outlined in TWDB Contract No. 2005-483-553 <br />between the City and the TWDB which has been provided to the Engineer under separate cover. <br /> <br />1.1.2 The Engineer's Basic Services consist of the services described in Sections 1.1 through <br />1.17 and include normal engineering services. Certain portions of the Engineer's Basic Services <br />may be required to be performed through the following consulting disciplines as subcontractors <br />to the Engineer: <br /> <br />(1) Bym and Associates, Inc. - Surveying Services <br />(2) Delta Survey Group, Inc. - Surveying Services <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 and the TWDB. Any work or services subcontracted under this <br />Espey Agreement <br /> <br />1 <br />