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<br />11. <br /> <br />PROFESSIONAL SERVICES AGREEMENT <br /> <br />This Agreement is made this the 5th day of March , 2002, between <br />the City of San Marcos, Texas (the "City"), 630 East Hopkins, San Marcos, Texas 78666 <br />and Roy F. Weston, Inc. (the "Engineer"), Barton Oaks Plaza Two, Suite 475, 901 South <br />Mopac Expressway, Austin, TX 78746, for the provision of services in connection with the <br />Cottonwood Creek Water and Wastewater Improvements Project (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 perform a technical review of contract documents, and will <br />provide bid and award assistance and construction phase services 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 civil engineering and construction inspection services. <br /> <br />1.1.3 The Engineer will perform its services under this Agreement through its employees <br />Gail Hamrick-Pigg, P.E. and James M. Brady. 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 and construction inspection personnel who <br />possess special expertise in the types of 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 />will be specified by separate written agreement and will be subject to each provision of this <br />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 or reviewed by the Engineer and/or its <br />subconsultants, contractors, and subcontractors in connection with this Agreement will not <br />diminish the Engineer's responsibility for the materials. <br /> <br />1.1.6 The Engineer will perform all of its services in coordination with the City and the <br />City's design engineer, Freese & Nichols, Inc. (the "Design Engineer"). The Engineer will <br />advise the City of data and information the Engineer needs to perform its services, and the <br />Engineer will meet with City representatives at mutually convenient times to assemble this <br />data and information. <br /> <br />1.2 TASK 1 - TECHNICAL REVIEW OF CONTRACT DOCUMENTS <br /> <br />1 <br />