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24~. <br /> <br />PROFESSIONAL SERVICES AGREEMENT <br /> <br /> This AGREEMENT is made this the 14ttday of July ,2003, between the <br />City of San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and Carter & <br />Burgess, Inc. ("Engineer"), 2705 Bee Cave Road, Suite 300, Austin, Texas 78746 for the provision <br />of services in connection with the Purgatm3, Creek Development Plan Project (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 preparation of documents <br />for the Project to include recommendations for the configuration and placement of site elements, <br />architectural improvements, landscape grading and drainage elements, and planning and landscape <br />irrigation improvements. <br /> <br />1.1.2 The Engineer's Basic Services consist of the services described in Sections 1.1 through 1.4 <br />and include base mapping, site investigation and analysis, master planning, preparation of <br />interpretive signage concepts, design guideline preparation, preparation of estimates of probable <br />construction for the project phasing and public participation activities and any other necessary <br />normal engineering services. Certain portions of the Engineer's Basic Services may be required to <br />be performed through the following consulting disciplines as subcontractors to the Engineer: <br /> <br />(1) Raba-Kistner Consultants, Inc. - <br /> <br />(2) Hatch Partnership, LLP - <br />(3) Janke Design - <br /> <br />Environmental Investigation/Geologic <br />Assessment/Water Pollution <br />Architecture <br />Interpretive Signs <br /> <br />1.1.3 The performance of all services by the Engineer in connection with this Agreement will be <br />by persons appropriately licensed or registered under State, local and Federal laws governing their <br />respective consulting disciplines. In performing all services under this Agreement, the Engineer will <br />use that degree of care and skill ordinarily exercised for similar projects by similar professional <br />consulting firms practicing at the same time in the San Marcos, Texas area. <br /> <br />1.1.4 No work under this Agreement will be subcontracted by the Engineer without prior written <br />approval fi'om the City. Any work or services subcontracted under this Agreement shall be specified <br />by separate written Agreement and shall be subject to each provision of this Agreement. <br /> <br />I. 1.5 Any provisions in this Agreement pertaining to the City's review, approval and/or acceptance <br />of written materials prepared by the Engineer and/or its subconsultants, contractors, and <br />subcontractors in connection with this Agreement will not diminish the Engineer's responsibility for <br /> <br /> <br />