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PROFESSIONAL ENGINEERING SERVICES AGREEMENT <br />This Agreement is effective this 17th day of July, 2012 between the City of San Marcos, <br />Texas, (the "City "), 630 East Hopkins, San Marcos, Texas 78666 and Espey Consultants, Inc. <br />dba RPS Espey (the "Engineer "), 4801 SW Pkwy. 2, Ste. 150, Austin, Texas 78735, for the <br />provision of professional engineering services in connection with a Direct Water Reuse <br />Feasibility Study (the "Study "). <br />The City and the Engineer agree as follows: <br />ARTICLE 1 <br />ENGINEER'S SERVICES AND RESPONSIBILITIES <br />1.0 STANDARDS OF PERFORMANCE <br />1.0.1 The Engineer will be responsible for the proper, accurate and adequate preparation of <br />reports, recommendations, etc. for this Study. <br />1.0.2 This Study is being funded, in part, with grant funds provided by the Texas Water <br />Development Board ( "TWDB ") based on the application submitted to the TWDB by the City for <br />a planning grant to develop a regional facility plan. The application has resulted in a TWDB <br />Contract (No. 1248321448) which is attached to this Agreement as Attachment A. This <br />Agreement is subject to all applicable TWDB provisions. The Engineer will perform all services <br />in accordance with the attached TWDB Contract. <br />1.0.3 The Engineer's Basic Services consist of the services described in Sections 1.0 through <br />1.9 and include normal civil engineering services as well as those services the Engineer will <br />perform through the following consulting disciplines as subconsultants to the Engineer: <br />(1) Stewart Planning Consulting, LLC (planning and economic analysis) <br />(2) Valerie Miller (landscape water management) <br />1.0.4 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 normally exercised for similar projects by <br />professional consultants who possess special expertise in the types of services included in this <br />Agreement. <br />1.0.5 The Engineer will not subcontract any work under this Agreement without prior written <br />approval from the City. The Engineer will specify any work or services subcontracted under this <br />Agreement by separate written Agreements and those Agreements will be subject to each <br />provision of this Agreement. <br />1.0.6 Any provisions in this Agreement pertaining to the City's review, approval and /or <br />acceptance of written materials prepared by the Engineer and /or its subconsultants, contractors, <br />Direct Water Reuse Feasibility Study 2012 — Espey <br />