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<br /> 28 <br /> PROFESSIONAL ENGINEERING -SERVICES AGREEMENT <br /> FOR PROGRAM MANAGEMENT SERVICES FOR THE <br /> CITY OF SAN MARCOS SURFACE WATER TREATMENT PLANT PROJECT <br /> This AGREEMENT is made this the 23rd day of July , 1996, between <br /> the CITY OF SAN MARCOS, TEXAS ( the "CITY"), 630 East Hopkins, San Marcos, Texas <br /> 78666 and BLACK AND VEATCH (the "PROGRAM MANAGER"), 711 Navarro, Suite 337, <br /> Travis Park Plaza, San Antonio, Texas 78205-1711, for project management services in <br /> d I connection with the CITY's Surface Water Treatment Plant Project. <br /> "'i ; <br /> { The CITY and the PROGRAM MANAGER agree as follows: <br /> ARTICLE 1 <br /> PROGRAM MANAGER'S SERVICES AND RESPONSIBILITIES <br /> 1.1 STANDARDS OF PERFORMANCE <br /> 1.1.1 PROGRAM MANAGER will be responsible for the proper, accurate and adequate <br /> performance of project management services for the CITY's Surface Water Treatment <br /> Plant Project (the "Project"). The Project will consist of one construction project (the <br /> "Construction Project) and an equipment prepurchase contract. The design of the <br /> Construction Project is to be performed by another professional el;lgineering firm (the <br /> "Design Engineer") and the construction of the Construction Projects is to be performed <br /> by an independent construction contracting firm (the "Construction Contractor"), under <br /> contract with the CITY. <br /> 1.1.2 The performance of all services by the PROGRAM MANAGER under this <br /> Agreement will be by persons appropriately licensed or registered under State laws <br /> governing the practice of engineering. The PROGRAM MANAGER will use that degree <br /> of care and skill ordinarily exercised for similar projects by nationally recognized <br /> i I professional engineering firms who possess special expertise in the types of construction <br /> ! i management services involved in this Project. -No work under this Agreement will be <br /> I \ subcontracted by the PROGRAM MANAGER without prior written approval from the CITY. <br /> Any work or services subcontracted hereunder will be specified by written Agreement and <br /> 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 PROGRAM MANAGER andlor its consultants, contractors, and <br /> subcontractors in connection with the Project will not diminish PROGRAM MANAGER's <br /> responsibility therefor. <br /> 1.2 BASIC SERVICES <br /> 1 <br />