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<br />I <br /> <br />117 <br /> <br />PROFESSIONAL ENGINEERING SERVICES AGREEMENT <br /> <br />This Agreement is made this the 3rd day of August, 2006, between the City <br />of San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and Bym and <br />Associates, Inc. ("Engineer"), P.O. Box 1433, San Marcos, Texas 78667 for the provision of <br />professional engineering services in connection with the McCarty Lane 16" Water Line <br />Extension Project Phases 1 & 2 (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 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 Project. The Project generally consists of 7067 lineal feet of <br />16-inch water transmission main along McCarty Lane and the south property line of the U.S. <br />Fish Hatchery; including borings of Hunter Road, the two UPRR tracks and IH-35 main lanes <br />and frontage roads (Phase 2). Additionally the Engineer's services will include the construction <br />administration of the McCarty 16-inch Waterline (from McCarty Well to Hunter Road) prepared <br />by the engineer under contract with the First Baptist Church and being constructed by the City <br />under a Capital Improvements Agreement with the First Baptist Church approved by City <br />Council on September 6, 2005 (Phase 1). <br /> <br />1.1.2 The Engineer's Basic Services consist of the services described in Sections 1.2 through <br />1.5 and include normal civil engineering services. <br /> <br />1.1.3 The performance of all services by the Engineer in connection with this Agreement will <br />be by persons appropriately licensed or registered under State, local and Federal laws governing <br />their respective consulting disciplines. In performing all services under this Agreement, the <br />Engineer will use that degree of care and skill ordinarily exercised for similar projects by <br />professional Engineers who possess special expertise in the types of services involved under this <br />Agreement. The Engineer acknowledges that it has performed surveying services for the City <br />related to the Project, and that the Engineer is familiar with the conditions and construction <br />constraints at the Project site. <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 shall <br />be specified by separate written Agreement and shall be subject to each provision of this <br />Agreement. <br /> <br />1.1.5 Any prOVlSlons in this Agreement pertammg to the City's review, approval and/or <br />acceptance of written materials prepared by the Engineer and/or its subconsultants, contractors, <br />and subcontractors in connection with this Agreement will not diminish the Engineer's <br /> <br />1 <br /> <br />McCart, Lane 16 Agreement <br />