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<br />':;1 <br /> <br />PROFESSIONAL SERVICES AGREEMENT <br /> <br />ThisAGREEMENTismadethisthe 12th day of October ,1999,between <br />the City of San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and <br />Carter & Burgess Inc., Suite 200, Barton Oaks Plaza V, 901 South MoPac Expressway, <br />Austin, Texas 78746 ("Engineer"), for the provision of professional engineering services <br />in connection with the Water Line Encasements 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, for <br />construction administration, and for procurement of right-of-way permits for the Water Line <br />Encasements (the "Project"). The Project includes the replacement of ten existing <br />waterline crossings under the Union Pacific Railroad in San Marcos. The work includes <br />bore and encasement as well as new connections to the existing water lines. <br /> <br />1.1.2 The Engineer's Basic Services consist of the services described in Sections 1.1 <br />through 1.4 and include normal engineering services. Geotechnical services will be <br />performed by subcontractors to the Engineer: <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 each provision 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 Engineer and/or its subconsultants, <br />contractors, and subcontractors in connection with this Agreement will not diminish <br />Engineer's responsibility for the materials. <br /> <br />1.1.6 Engineer will perform all of its services in coordination with the City. The Engineer <br /> <br />1 <br />