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<br />38. <br /> <br />PROFESSIONAL SERVICES AGREEMENT FOR <br />GARY JOB CORPS CENTER <br />WASTEWATER SYSTEM IMPROVEMENTS PROJECT <br /> <br />This AGREEMENT is made this the 24th day of February , 1998, between <br />the CITY OF SAN MARCOS, TEXAS ("City"), 630 East Hopkins, San Marcos, Texas 78666 <br />and FREESE AND NICHOLS, INC. (the "Engineer"), 6200 La Calma, Suite 210, Austin, <br />Texas for the provision of engineering services in connection with the Gary Job Corps <br />Center Wastewater Improvements 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 Engineer will be responsible for the design and preparation of plans and <br />specifications and other construction contract documents and for construction <br />administration of the Gary Job Corps Wastewater Improvements Project (the "Project"). <br />The purpose of the Project is to provide necessary wastewater line and lift station <br />improvements so that Gary Job Corps Center can abandon its wastewater treatment plant <br />and connect to the City's wastewater utility. <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 civil engineering and surveying services. Certain portions <br />of the Engineer's Basic Services will be required to be performed through the following <br />consulting disciplines as subcontractors to the Engineer: <br /> <br />(1) smoke testing and flow monitoring <br />(2) geotechnical services <br />(3) surveying 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. No work under this Agreement will be <br />subcontracted by the Engineer without prior written approval from the City. Any work or <br />services subcontracted under this Agreement shall be specified by separate written <br />Agreement and shall be subject to each provision of this Agreement. Any provisions in this <br />Agreement pertaining to the City's review, approval and/or acceptance of written materials <br />prepared by Engineer and/or its subconsultants, contractors, and subcontractors in <br /> <br />1 <br />