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<br />I <br /> <br />I <br /> <br />I <br /> <br />169. <br /> <br />PROFESSIONAL ENGINEERING SERVICES AGREEMENT <br /> <br />ThIS Agreement IS made thIS the 14th day of December, 2005, between the CIty of San <br />Marcos, Texas ("CIty"), 630 East Hopkms, San Marcos, Texas 78666 and Alan Plummer <br />ASSOCIates, Inc ("Engmeer") 6300 La Calma, Ste 400, Austm, Texas 78752 for the provlSlon of <br />profeSSIOnal engmeenng servIces m connectIon WIth the expansIOn of the CIty Surface Water <br />Treatment Plant (the "ProJect") <br /> <br />The CIty and the Engmeer agree as follows <br /> <br />ARTICLE 1 <br />ENGINEER'S SERVICES AND RESPONSIBILITIES <br /> <br />11 STANDARDS OF PERFORMANCE <br /> <br />1 lIThe Engmeer wIll be responsible for the proper, accurate and adequate deSIgn and <br />preparatIOn of plans and specIficatIOns and other constructIon contract documents and for <br />constructIon admIlllstratIon for the ProJect. The Project generally mvolves an expansIOn of the <br />capaCIty of the City Surface Water Treatment Plant (the "Plant") from 9 mIllIon gallons per day <br />(mgd) to 18 mgd. <br /> <br />1 1.2 The Engmeer's BaSIC ServIces conSIst of the servIces described m SectIOns 1.2 through 1 5 <br />and the Engmeer's SpecIal ServIces are mcluded as SectIOn 1 6 Both the BaSIC ServIces and <br />SpeCIal ServIces of the Engmeer mclude profeSSIOnal CIvIl engmeenng servIces and those <br />engmeenng servIces to be performed through the followmg consultmg dIscIplmes as <br />subconsultants to the Engmeer <br /> <br />(1) Electncal <br />(2) Structural <br />(3) ArchItectural <br />(3) Survey <br />(4) GeotechnIcal <br /> <br />1 1 3 The performance of all servIces by the Engmeer m connectIOn WIth thIS Agreement WIll <br />be by persons appropnately lIcensed or regIstered under State, local and Federal laws governmg <br />theIr respectIve consultmg dIscIplmes. In performmg all servIces under thIS Agreement, the <br />Engmeer WIll use that degree of care and skIll ordmanly exercIsed for SImIlar projects by <br />profeSSIOnal engmeers who possess specIal expertIse m the types of servIces mvolved under thIS <br />Agreement. The Engmeer WIll correct defiCIenCIes m ItS performance of any servIce that does <br />not meet thIS stated standard of care at no addItIonal cost to the CIty <br /> <br />1 1 4 No work under thIS Agreement WIll be subcontracted by the Engmeer WIthout pnor wntten <br />approval from the CIty Any work or servIces subcontracted under thIS Agreement WIll be <br />speCIfied by separate wntten Agreement and wIll be subject to each provlSlon of thIS Agreement. <br /> <br />1 1 5 Any provlSlons m thIS Agreement pertammg to the CIty'S revieW, approval and/or <br /> <br />PAi SufacJ Water EKpansion <br /> <br />1 <br />