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'-1l/þ PROFESSIONAL SERVICES AGREEMENT MADE AND ENTERED INTO by and between THE CITY OF SAN MARCOS (hereinafter referred to as "Client") and Jones and Neuse, Inc. (hereinafter referred to as "IN"). WHEREAS, the Client desires to engage IN as a consultant; and WHEREAS, IN desires to render certain services as described in authorized work orders as may be hereafter issued and has the experience and staff to perform those services; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: Section 1. Services. The Client hereby agrees to engage IN and IN hereby agrees to perform certain services for the Client as agreed upon from time to time. Such services may be set forth in individual work orders as may be hereafter authorized in writing by the Client and accepted by IN. Section 2. Client's Responsibilities. The Client agrees to provide IN with all existing data, plans, and other information in the Client's possession which are necessary for the performance of Services. The Client further agrees to provide any additional data, plans, or other information as may be specified in authorized work orders. Section 3. Standard of Care and Warranty. IN agrees that its Services will be performed with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and circumstances. No other warranty, expressed or implied, is made. IN's interpretations and recommendations may be based on the results of test borings, surveys or other investigative work. The Client recognizes that subsurface conditions elsewhere in the work area may differ from those at the exploration locations and that conditions may change over time. IN will not be responsible for the interpretation or us~ by others of data developed byJN. Section 4. Time of Performance. IN agrees to perform the Services within schedules as may be set forth in authorized work orders. Section 5. Compensation. For IN's performance and completion of all servIces, Client shall compensate IN at the hourly rates and charges as set forth in Exhibit. A" (as may be hereafter amended by agreement of the parties) subject to Sections 6 and 20 unless otherwise specified in authorized work orders. Such rates include labor, overhead, expenses, and profit. Subject to agreement by Client, Exhibit" A n may be revised by IN periodically. , Section 6. Payment. IN shall invoice Client for Services performed on a monthly basis. Each invoice is due on presentation, is payable in the Texas County specified for such invoice, and is past due thirty (30) days from invoice date. Client agrees to pay a finance charge equal to one percent (1 %) per month on past due accounts. Invoices for Services performed on a time-and-materials basis will be submitted showing labor (hours worked) and total expenses, but not actual documentation. If requested by the Client, documentation will be provided by IN at the cost of providing such documentation including labor and copying costs. These payment terms are subject to IN credit approval. If Client credit is not approved, payment terms will be revised by addendum to this contract. Section 7. Notices. Communications from the Client shall be to JN's designated project manager or principal-in-charge of the work. Oral communications shall be confirmed in writing. Section 8. Cost Estimates. IN makes no representation concerning the cost estimates made in connection with maps, plans, specifications, or drawings other than that all cost figures are estimates only and IN shall not be responsible for fluctuations in cost factors. Section 9. Confidentialitv. Subject to applicable Law, IN shall maintain as confidential and not disclose to others without Client's prior written consent, all information obtained from Client, not otherwise IONES & NEUSE