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PROFESSIONAL ENGINEERING SERVICES AGREEMENT <br />This Agreement is effective July 31, 2012 between the City of <br />San Marcos, Texas, a home -rule municipal corporation, (the "City "), 630 East Hopkins, San <br />Marcos, Texas 78666 and Raba Kistner Consultants, Inc. (the "Engineer "), 8100 Cameron Rd., <br />Suite B -150, Austin, Texas 78754 -3812, for the Engineer's provision of materials testing services <br />in connection with the Downtown Reconstruction Phase I Project (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: construction materials testing <br />services for this Project. <br />B. The engineer understands that time is of the essence and agrees to provide all design and <br />professional services in an expedient and efficient manner consistent with achieving the project's <br />completion date in the approved Project schedule (or as may be modified and approved in the <br />future) included in the Agreement as Attachment B. The City acknowledges that the Engineer's <br />services may involve construction phase services that include the requirement to perform <br />construction materials testing and observations of the construction contractor's materials and <br />work. If the construction contractor continues construction activities past the approved Project <br />completion date, the City may direct the Engineer to perform its construction phase services <br />beyond the approved Project completion date to monitor the activities of the construction <br />contractor. If so directed, the City will compensate the Engineer for its services in accordance <br />with the unit rates and conditions in Attachment C. <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. Gabriel Ornelas, Jr., P.E., is the Engineer's Project Representative assigned to this <br />Project. The Engineer will not substitute another representative for this Project unless approved <br />in 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 />