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<br />213. <br /> <br />PROFESSIONAL SERVICES AGREEMENT <br /> <br />ThisAGREEMENTismadethisthe 28th dayof August ,2001,between <br />the City of San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and <br />Alan Plummer Associates, Inc. ( "Engineer") 6300 LaCalma, Suite 400, Austin, Texas <br />78752, for the provision of an Odor Abatement Study (the "Project"). <br /> <br />The City and the Engineer agree as follows: <br /> <br />ARTICLE 1 <br />CONSULTANT'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 preparation of <br />an odor abatement study (the "Project") as the first step in the Wastewater Treatment Plant <br />Modifications 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 engineering services. Certain portions of the Engineer's <br />Basic Services may be required to be performed through the following consulting <br />disciplines as subcontractors to the Engineer: <br /> <br />(1) Laboratory analysis <br /> <br />1.1.3 The performance of all services by the Engineer in connection with this Agreement <br />will be by persons appropriately licensed or registered under State, local and Federal laws <br />governing their respective consulting disciplines. 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 who possess special expertise in the types of <br />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 />shall be specified by separate written Agreement and shall be subject to each provision of <br />this 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 by the Engineer and/or its sub-consultants, <br />contractors, and subcontractors in connection with this Agreement will not diminish the <br />Engineer's responsibility for the materials. <br /> <br />1.1.6 Consultant will perform all of its services in coordination with the City. The Engineer <br />will advise the City of data and information the Engineer needs to perform its services, and <br /> <br />1 <br />