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PROFESSIONAL ENGINEERING SERVICES AGREEMENT <br />This Agreement is effective June 5, 2012 between the City of San Marcos, <br />Texas, a home -rule municipal corporation, (the "City "), 630 East Hopkins, San Marcos, Texas <br />78666 and Freese and Nichols, Inc. (the "Engineer "), 10814 Jollyville, Bldg. IV, Ste. 100, Austin, <br />TX 78759, for the Engineer's provision of professional engineering services in connection with <br />the 2012 Lift Station Condition Assessment (the "Project "). <br />The City and the Engineer agree as follows: <br />ARTICLE 1 <br />ENGINEER'S SERVICES AND STANDARD OF PERFORMANCE <br />A. The term of this Agreement begins on the effective date established above and will end <br />upon the Engineer's completion, and the City's acceptance of all services included in this <br />Agreement. The Engineer agrees to provide the City with the services described in Attachment <br />A, Scope of Services, which is incorporated herein by reference for all intents and purposes, and <br />which services may be more generally described as follows: 2012 Lift Station Condition <br />Assessment for this Project. <br />B. The Engineer understands that time is of the essence and agrees to provide all design <br />work and professional services in the most expedient and efficient manner possible in order to <br />complete the Project by: November 30, 2012 in accordance with the approved Project schedule <br />included in this Agreement as Attachment B. <br />C. The Engineer will not subcontract any work under this Agreement without prior written <br />approval from the City. In the event approval is given by the City, the Engineer will specify the <br />appropriate insurance requirements and miscellaneous provisions by separate written agreement <br />with the subcontractor. <br />D. The Engineer will perform all of its services in coordination with the City. The Engineer <br />will advise the City of data and information the Engineer needs to perform its services and the <br />Engineer will meet with City representatives at mutually convenient times to assemble this data <br />and information. <br />E. Thomas Haster, P.E. is the Engineer's Project Representative assigned to this Project. <br />The Engineer will not substitute another representative for this Project unless approved in <br />writing by the City in advance of such proposed substitution. In the event the City and the <br />Engineer cannot agree to the substitution of the Project Representative, the City may terminate <br />this agreement. <br />F. The City will designate and notify the Engineer of its designation of an authorized Project <br />representative who will act on the City's behalf with respect to this Agreement. <br />WW Master Plan Engineer Services (Engineering Services) — May 2012 <br />1 <br />