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PROFESSIONAL ENGINEERING SERVICES AGREEMENT <br />This Agreement is effective the lst day of January, 2013, between the City of San <br />Marcos, Texas, (the "City "), 630 East Hopkins, San Marcos, Texas 78666 and Recreation <br />Engineering & Planning, Inc. (the "Engineer "), 485 Arapahoe Ave., Boulder, Colorado 80302, <br />for the Engineer's provision of professional engineering services in connections with the Bank <br />Stabilization And Permanent Access Points Project (the "Project "). <br />The City and the Engineer agree as follows: <br />ARTICLE 1 <br />ENGINEER'S SERVICES AND RESPONSIBILITIES <br />1.0 STANDARDS OF PERFORMANCE <br />1.0.1 The Engineer is responsible for the proper, accurate and adequate design and preparation <br />of reports, plans, specifications and other construction contract documents and for construction <br />administration of the Project. The Project generally involves the stabilization of eroded banks <br />along the San Marcos River in order to provide a stabilized area that will serve as a public <br />access point. <br />1.0.2 The Engineer's Basic Services consist of the services described in Sections 1.0 through <br />1.7 and include normal civil engineering services as well as those services the Engineer will <br />perform through the following consulting disciplines as subconsultants to the Engineer: <br />(1) Raba Kistner Inc. — Geotechnical Services <br />(2) Peak 7 Surveying — Surveying Services <br />1.0.3 The performance of all services by the Engineer in connection with this Agreement will <br />be by persons appropriately licensed or registered under the State of Texas, local and Federal <br />laws governing their respective consulting disciplines. In performing all services under this <br />Agreement, the Engineer will use that degree of care and skill normally exercised for similar <br />projects by professional engineers who possess special expertise in the types of services included <br />in this Agreement. <br />1.0.4 The Engineer will not subcontract any work under this Agreement without prior written <br />approval from the City. The Engineer will specify any work or services subcontracted under this <br />Agreement by separate written Agreements and those Agreements will be subject to each <br />provision of this Agreement. <br />1.0.5 Any provisions in this Agreement pertaining to the City's review, approval and/or <br />acceptance of written materials prepared by the Engineer and /or its subconsultants, contractors, <br />and subcontractors in connection with this Agreement will not diminish the Engineer's <br />responsibility for the materials. <br />REP Agreement 11/12 <br />1 <br />