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<br /> ...~ , <br /> 36 <br /> PROFESSIONAL ENGINEERING SERVICES <br /> AGREEMENT FOR THE CITY OF SAN MARCOS <br /> SLUDGE PROCESSING AND DISPOSAL FACILITIES PROJECT <br /> This AGREEMENT is made this the 2::! n1 day of ,T;:mll~ ry , 1996, between <br /> the CITY OF SAN MARCOS, TEXAS (the "CITY" or the "OWNER"), 630 East Hopkins, <br /> San Marcos, Texas 78666 and CAMP DRESSER & MCKEE, INC. (the "ENGINEER"), <br /> 8911 Capital of Texas Highway, Suite 4240, Austin, Texas 78759-7267 for engineering <br /> \ - services in connection with the CITY's Sludge Processing and Disposal Facilities Project <br /> ~ (the "Project"). <br /> ~ <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 proper, accurate and adequate design and <br /> preparation of plans and specifications and other construction contract documents and for <br /> , <br /> contract administration for the construction of Project. <br /> 1.1.2 The performance of all engineering and architectural services in connection with this <br /> Agreement will be by persons appropriately licensed or registered-under State laws <br /> governing the practice of engineering and architecture. The ENGINEER will use that <br /> degree of care and skill ordinarily exercised for similar projects by professional engineering <br /> firms of national caliber who possess special expertise in the type of work involved in this <br /> Project. No work under this Agreement will be subcontracted by the ENGINEER without <br /> I prior written approval from the CITY. Any work or services subcontracted hereunder will <br /> be specified by written agreement and will be subject to each provision of this Agreement. <br /> 1.1.3 Any provisions in this Agreement pertaining to the CITY's review, approval and lor <br /> acceptance of plans, specifications, construction contract documents, or other written <br /> materials prepared by ENGINEER andlor its consultants, contractors, and subcontractors <br /> in connection with this Project will not diminish ENGINEER's responsibility therefor. <br /> 1.1.4 The CITY has engaged the firm of Freese & Nichols, Inc. (the "Construction <br /> Manager" or "CM") to perform construction management services for the Project and for <br /> other elements of the CITY's Wastewater Capital Improvements Program. The <br /> ENGINEER will perform all of its services under this Agreement in cooperation with the CM <br /> and in accordance with the planning and scheduling requirements and budgetary restraints <br /> identified by the CITY and the CM. <br />