Laserfiche WebLink
<br /> . <br /> 130 <br /> PROFESSIONAL ENGINEERING SERVICES AGREEMENT <br /> FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE <br /> CITY OF SAN MARCOS WASTEWATER CAPITAL IMPROVEMENT PROGRAM <br /> This AGREEMENT is made this the 21st day of December ,1995, between <br /> the CITY OF SAN MARCOS, TEXAS (the "CITY"), 630 East Hopkins, San Marcos, Texas <br /> 78666 and FREESE AND NICHOLS, INC, (the "CONSTRUCTION MANAGER"), 4055 <br /> International Plaza, Suite 200, Fort Worth, Texas 76109-4895, for construction <br /> management services in connection with the CITY's Wastewater Capital Improvements <br /> Program. <br /> The CITY and the CONSTRUCTION MANAGER agree as follows: <br /> ARTICLE 1 <br /> CONSTRUCTION MANAGER'S SERVICES AND RESPONSIBILITIES <br /> 1.1 STANDARDS OF PERFORMANCE <br /> 1,1.1 CONSTRUCTION MANAGER will be responsible for the proper, accurate and <br /> adequate performance of construction management services for the City's Wastewater <br /> Capital Improvement Program (the "Program"), a proposed multi-year comprehensive <br /> .¡ <br /> upgrade of the collection, treatment, and sludge management systems of the CITY's <br /> wastewater utility. The CONSTRUCTION MANAGER's services under this Agreement are <br /> collectively referred to as the "Project", The Program will consist of two separate <br /> construction projects (the "Construction Projects"), one of which will be accompanied by <br /> a separate equipment and materials procurement contract (the "Procurement Contract"), <br /> The design of the Construction Projects is to be performed by other professional <br /> engineering firms (the "Design Consultants") and the construction of the Construction <br /> Projects is to be performed by independent construction contracting firms (the <br /> "Construction Contractors"), under contracts with the CITY, <br /> 1.1,2 The performance of all services by the CONSTRUCTION MANAGER under this <br /> Agreement will be by persons appropriately licensed or registered under State laws <br /> governing the practice of engineering, The CONSTRUCTION MANAGER will use that <br /> degree of care and skill ordinarily exercised for similar projects by nationally recognized <br /> professional engineering firms who possess special expertise in the types of construction <br /> management services involved in this Project. No work under this Agreem~mt will be <br /> subcontracted by the CONSTRUCTION MANAGER without prior written approval from the <br /> CITY, Any work or services subcontracted hereunder will be specified by written <br /> 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/or <br /> acceptance of plans, specifications, construction contract documents, or other written <br /> materials prepared by the CONSTRUCTION MANAGER and/or its consultants, <br /> contractors, and subcontractors in connection with the Project will not diminish <br />