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PROFESSIONAL ENGINEERING SERVICES AGREEMENT <br />This Agreement is made this the t h day of N o v, n h o r , 2011, between the City <br />of San Marcos, Texas ( "City "), 630 East Hopkins, San Marcos, Texas 78666 and Kimley -Horn <br />and Associates, Inc. ( "Engineer ") 10415 Morado Circle, Building I, Suite 300, Austin, Texas <br />78759 for the provision of professional engineering services in connection the Improvements to <br />the FM 2439 (Hunter Road) (the "Project "). <br />The City and the Engineer agree as follows: <br />ARTICLE 1 <br />ENGINEER'S SERVICES AND STANDARD OF PERFORMANCE <br />A. The term of this Agreement begins on the effective date established above and will end <br />upon the Engineer's completion, and the City's acceptance of all services included in this <br />Agreement. The Engineer agrees to provide the City with the services described in Attachment <br />A, Scope of Services, which is incorporated herein by reference for all intents and purposes, and <br />which services may be more generally described as follows: approximately 0.8 miles of Hunter <br />Road reconstruction and widening, Purgatory Creek watershed analysis and bridge /culvert <br />design, pedestrian and bicycle improvements, intersection improvements, storm drain design, <br />driveway modifications, water /sewer utility design, signalization, illumination and aesthetic <br />improvements <br />B. The Engineer understands that time is of the essence and agrees to provide all design <br />work and professional services in the most expedient and efficient manner possible in order to <br />complete the Project by: March 11, 2013 in accordance with the approved Project schedule <br />included in this Agreement as Attachment B. <br />C. The Engineer will not subcontract any work under this Agreement without prior written <br />approval from the City. In the event approval is given by the City, the Engineer will specify the <br />appropriate insurance requirements and miscellaneous provisions by separate written agreement <br />with the subcontractor. <br />D. The Engineer 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 the <br />Engineer will meet with City representatives at mutually convenient times to assemble this data <br />and information. <br />E. Brian C. Boecker, P.E. is the Engineer's Project Representative assigned to this Project. <br />The Engineer will not substitute another representative for this Project unless approved in <br />writing by the City in advance of such proposed substitution. In the event the City and the <br />Engineer cannot agree to the substitution of the Project Representative, the City may terminate <br />this agreement. <br />F. The City will designate and notify the Engineer of its designation of an authorized Project <br />