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<br />155 <br /> <br />PROFESSIONAL SERVICES AGREEMENT FOR <br />WATER REUSE PLANNING AND IMPLEMENTATION PROJECT <br /> <br />ThisAGREEMENTismadethisthe 9th dayof November ,1999, between <br />the City of San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and <br />Freese and Nichols, Inc. (the "Engineer"), 4055 International Plaza, Suite 200, Fort Worth, <br />Texas 76109-4895 for the provision of engineering services in connection with the <br />Cottonwood Creek Interceptor, Lift Station and Force Main Project (the "Project"). <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 The Engineer will be responsible for the planning, design and preparation of plans <br />and specifications and other construction contract documents and for construction <br />administration associated with the Project. <br /> <br />1.1.2 The Engineer's Basic Services consist of the services described in Section 1.2 of this <br />Agreement and include professional civil engineering services. Design of the gravity flow <br />portion of the Project and surveying services will be performed by Byrn and Associates as <br />a subcontractor 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 The Engineer will perform all of its services in coordination with the City. The <br />Engineer will advise the City of data and information the Engineer needs to perform its <br /> <br />1 <br />