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<br /> - - < <br /> 128 <br /> PROFESSIONAL ENGINEERING SERVICES <br /> AGREEMENT FOR THE CITY OF SAN MARCOS <br /> WASTEWATER TREATMENT PLANT EXPANSION PROJECT <br /> This AGREEMENT is made this the \"2 +\.-... day of \)ec.~b.e..r , 1995, between <br /> the CITY OF SAN MARCOS, TEXAS (the "CITY"), 630 East Hopkins, San Marcos, Texas <br /> 78666 and BLACK & VEATCH (the "ENGINEER") 711 Navarro, Suite 337, Travis Park <br /> Plaza, San Antonio, Texas 78205-1711, for engineering services in connection with the <br /> I CITY's Wastewater Treatment Plant Expansion Project (the "Project"). <br /> I <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 /> contract administration for the construction of, and the procurement of major equipment <br /> for, the 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 /> - 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 is engaging the firm of Freese & Ni~hols, 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 /> The ENGINEER will perform all of the Basic Services described in Sections 1,2 through <br /> 1.6, which include normal, structural, mechanical, civil and electrical engineering services <br />