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<br />153 <br /> <br />PROFESSIONAL ENGINEERING SERVICES AGREEMENT FOR <br />THE WESTOVER STREET IMPROVEMENTS PROJECT <br /> <br />This Agreement is made this on July 27 , 1999, between <br />the City of San Marcos, Texas (the"City"), 630 East Hopkins, San Marcos, Texas 78666 <br />and Hearn Engineering, Inc. (the "Engineer"), 2101 N. Mays, Round Rock, Texas 78664, <br />for the provision of engineering services in connection with the Westover Street <br />Improvements 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 The 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 Westover Street Improvements Project (the "Project"). <br />The Project includes necessary improvements to Furman, Allen, Clyde, Delmar, Hamilton, <br />Marlton and Earle Streets, and construction and installation of related water and <br />wastewater lines and facilities and drainage facilities. <br /> <br />1.1.2 The Engineer's Basic Services consist of the services described in Section 1.2 and <br />will include normal civil engineering services. <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 all provisions 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 The Engineer will perform all of its services in coordination with the City. The <br /> <br />1 <br />