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<br />I <br /> <br />I <br /> <br />I <br /> <br />so. <br /> <br />PROFESSIONAL SERVICES AGREEMENT <br /> <br />ThIS AGREEMENT is made this the 14th day of September, 2004, between the City of <br />San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and Lockwood, <br />Andrews & Newnam, Inc. ("Engineer"), 400 W. Hopkins, San Marcos, Texas 78666, the <br />provision of professional engineering services in connection with the Sink Creek Interceptor <br />Project (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 desIgn and <br />preparation of plans and specIfications and other construction contract documents and for <br />construction administration for the Project. <br /> <br />1.1.2 The EngIneer's Basic Services consist of the services described in Sections 1.1 through 1.6 <br />and include normal civil engineering services. Certain portions of the EngIneer's Basic Services <br />may be required to be performed through the following consulting disciplines as subcontractors <br />to the Engineer: <br /> <br />(1) Topographic Surveying - Byrn and Associates, Inc. <br />(2) Environmental Assessment - Crespo Environmental <br /> <br />1.1.3 The performance of all services by the Engineer in connection with this Agreement WIll <br />be by persons appropriately licensed or registered under State, local and Federal laws governing <br />their respectIve consulting disciplines. In performing all services under this Agreement, the <br />Engineer will use that degree of care and skill ordinarily exercised for similar projects by <br />professional Consultants who possess special expertise in the types of services Involved under <br />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 shall <br />be specified by separate written Agreement and shall be subject to each proVISIon of thiS <br />Agreement. <br /> <br />1.1.5 Any provision in this Agreement pertaInIng to the CIty's review, approval and/or <br />acceptance of written materials prepared by the Engineer and/or its subconsultants, contractors, <br />and subcontractors in connection with this Agreement WIll not dImimsh the EngIneer's <br />responsibility for the materials. <br /> <br />1 <br />