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<br /> 9. <br /> PROFESSIONAL SERVICES AGREEMENT FOR <br /> WASTEWATER COLLECTION SYSTEM REHABILITATION PROJECT <br /> This AGREEMENT is made this the 8th day of December , 1998, between <br /> the City of San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and <br /> Freese and Nichols, Inc. (the "Engineer"), 6200 La Calma, Suite 210, Austin, Texas 78752 <br /> for the provision of engineering services in connection with the Wastewater Collection <br /> System Rehabilitation Project for sub-basins 6 and 10. <br /> The City and the Engineer agree as follows: <br /> ARTICLE 1 <br /> ENGINEER'S SERVICES AND RESPONSIBILITIES <br /> 1.1 STANDARDS OF PERFORMANCE <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 for the Wastewater Collection System Rehabilitation Project (the "Project"). <br /> The purpose of the Project is to make necessary improvements to the City's wastewater <br /> collection system for Sub-basins 6 and 10 as identified in the City's Wastewater Master <br /> Plan. <br /> 1.1.2 The Engineer's Basic Services consist of the services described in Section 1.2 of this <br /> Agreement and include normal civil engineering services. <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 /> connection with this Agreement will not diminish Engineer's responsibility for the materials. <br /> 1.1.4 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 <br /> the Engineer will meet with City representatives at mutually convenient times to assemble <br /> this data and information. <br /> 1 <br /> - <br />