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<br />I <br /> <br />I <br /> <br />I <br /> <br />55. <br /> <br />PROFESSIONAL SERVICES AGREEMENT <br /> <br />This AGREEMENT is made this the 14 t-h day of Sppt-pmhpr, 2004, between the CIty <br />of San Marcos, Texas, (the "City"), 630 E. Hopkins, San Marcos, Texas 78666 and Post, Buckley, <br />Schuh & Jernigan, Inc. d/b/a! PBS&J (the "Engineer"), 6504 Bridge Pomt, Suite 200, Austm, Texas <br />78730, for the provision of professional environmental engineering servIces in connection with the <br />Hotel and Conference Center Project (the"Project") for the City. <br /> <br />The City and the Engineer agree as follows: <br /> <br />ARTICLE 1 <br />ENGINEER'S SERVICES AND RESPONSIBILITIES <br /> <br />1.1 STANDARDS OF PERFORMANCE <br /> <br />1.1.1 Engmeer will be responsible for the proper, accurate and adequate preparation of a documents <br />necessary for the completion of the Project. <br /> <br />1.1.2 The Engineer's Basic Services consist of the services described in Sections 1.1 and 1.2 and <br />include normal environmental engineering services. The City and the Engineer anticipate that the <br />Basic Service will be expanded to include other phases of services at later times. The scope of the <br />Engineer's services and the compensation for each subsequent phase will be negotiated by the City <br />and the Engineer and added to this Agreement as an amendment. <br /> <br />1.1.3 The performance of all services by the Engineer in connection with this Agreement will be by <br />or under the direct supervision of persons appropriately licensed or registered under State, local and <br />Pederallaws governing their respective consulting dIsciplines. In performmg all services under thIs <br />Agreement, the Engineer will use that degree of care and skill ordinarily exercised for simIlar <br />projects by professional Engineers who possess special expertise m the types of servIces Involved <br />under this Agreement. <br /> <br />1.1.4 Certain portions of the Engineer's services may be performed through subcontractors to the <br />Engineer. 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 be <br />specified by separate written agreement between the Engineer and the subcontractor and shall be <br />subject to each provision of this Agreement. <br /> <br />1.1.5 Any provision m this Agreement pertaining to the City's review, approval and/or acceptance <br />of written materials prepared by the Engineer and/or its sub-consultants, contractors, and <br />subcontractors in connection with this Agreement will not diminish the Engineer's responsibIlity <br />for the materials. <br /> <br />PBS&J2. wpd <br /> <br />1 <br />