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PROFESSIONAL SERVICES AGREEMENT 162. This Professional Services Agreement ("Agreement") is entered into between City of San Marcos ("Client") and Trinity EngineeringlKleinfelder ("Consultant"): Trinity EngineeringlKleinfelder 3601 Manor Road Austin, Texas 78723 512-926-6650 City of San Marcos 630 East Hopkins San Marcos, Texas 78666 Client engages Consultant to provide professional services ("Services") In connection with the following project ("Project") : Geotechnical Investigation: Cottonwood Creek Wastewater Line Improvements; San Marcos, Texas SCOPE OF SERVICES. Consultant shall perform the following Services: Geotechnical Investigation as described in the Consultant's Letter Proposal Number 61 YPG365, dated July 19,2001. Client agrees that services not specifically described above are not included in the Scope of Services provided by Consultant. Services provided under this Agreement, including all reports, information, recommendations, or opinions prepared or issued by Consultant, are for the exclusive use and benefit of Client in connection with the project, are not intended to inform, guide or otherwise influence any other entities or persons with respect to any particular business transactions, and should not be relied upon by any entities or persons other than Client for any purpose. Client will not distribute or convey such reports, information, recommendations, or opinions to any other persons or entities without Consultant's prior written consent. COMPENSA TION. Client shall compensate Consultant as follows: Maximum, Not to Exceed price of $24,400.00, as described in Consultant's Letter Proposal Number 61 YPG365, dated July 19,2001. The rates charged for services rendered under this contract are applicable through the completion of this assignment or as otherwise agreed to by terms of our work scope proposal agreement. GENERAL CONDITIONS AND ADDENDA. Note: The General Conditions attached hereto to this Professional Services Agreement contain Limitations of Liability provisions and other important provisions affecting the legal rights and obligations of the parties. Client and Consultant have each read, understand and agree to the General Conditions and any Addenda attached to this Agreement, and agree that the General Conditions and Addenda are incorporated into this Agreement by reference. Neither Client nor Consultant shall assign its interest in this Agreement without the prior written consent of the other. This Agreement is entered into at San Marcos, Texas and is made effective Al1e;11st lL., ?'()01 Client: City of San Marcos Consultant: Trinity EngineeringlKleinfelder tt~/,J~ CJ Signa e ~d c" ~au-; Title August 14, 2001 Signature 12b.u-l-c. Dd~hS Print Name ;& $ &u,4-l-~ Title :f'- 2 2. ~o I :;;.e Yl tCf-l' Larry Gilley Print Name City Manager Date Signed: Date Signed: 61~365\6131PI53 Copyright 2001 Kleinfelder. Inc. Page lof3