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<br />177. <br /> <br />PROFESSIONAL SERVICES AGREEMENT <br /> <br />This AGREEMENT is made this the 29th day of October ,2002, between the <br />City of San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and Baker-Aicklen <br />and Associates, Inc. (the "Engineer"), 100 N. Edward Gary Street, Suite 116, San Marcos, Texas <br />78666 for the provision of professional engineering and surveying services in connection with the <br />Post Road Paving and Drainage 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 ST ANDARDS OF PERFORMANCE <br /> <br />1.1.1 Engineer will be responsible for the proper, accurate and adequate design and preparation of <br />plans and specifications and other construction contract documents and for construction <br />administration of the Project. <br /> <br />1.1.2 The Engineer's Basic Services consist of the services described in Sections 1.1 through 1.4 <br />and include normal engineering services. Certain portions of the Engineer's Basic Services may be <br />required to be performed through the following consulting disciplines as subcontractors to the <br />Engineer: <br /> <br />(1) Utility Locator - Underground Services, Inc. <br />(2) Environmental Consultant - Horizon Environmental Services, Inc. <br /> <br />1.1.3 The performance of all services by the Engineer in connection with this Agreement will be <br />by persons appropriately licensed or registered under State, local and Federal laws governing their <br />respective consulting disciplines. In performing all services under this Agreement, the Engineer will <br />use that degree of care and skill ordinarily exercised for similar projects by professional Engineers <br />who 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 written <br />approval from the City. Any work or services subcontracted under this Agreement shall be specified <br />by separate written Agreement and shall be subject to each provision of this Agreement. <br /> <br />1.1.5 Any provisions in this Agreement pertaining to the City's review, approval and/or acceptance <br />of written materials prepared by the Engineer and/or its subconsultants, contractors, and <br />subcontractors in connection with this Agreement will not diminish the Engineer's responsibility for <br />the materials. <br /> <br />1.1.6 The Engineer will perform all of its services in coordination with the City. The Engineer will <br />advise the City of data and information the Engineer needs to perform its services, and the Engineer <br /> <br />Baker Aicklen.wpd <br /> <br />1 <br />