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<br /> 39 <br /> PROFESSIONAL SERVICES AGREEMENT <br />STATE OF TEXAS <br /> KNOW ALL PERSONS BY THESE PRESENTS <br />CITY OF SAN MARCOS <br /> This AGREEMENT is made this the 15th day of January , <br />19 91 , between the CITY OF SAN MARCOS, TEXAS, hereinafter referred to <br />as "OWNER", 630 East Hopkins, San Marcos, Texas 78666, and ROY L. <br />KINSEY, d.b.a. M.I.C.E., hereinafter referred to as "CONSULTANT", for <br />construction inspection services in connection with the Westover <br />Addition Paving and Drainage Improvements Project, San Marcos, Texas. <br /> WITNESSETH: OWNER and CONSULTANT do hereby agree as follows: <br /> ~ICLB 1 <br /> COBSUL~AJI":r . S SERVICES AIID RBSPOBSIBn.I~IES <br />1.1 CONSULTANT shall be responsible for monitoring construction <br />progress on the Westover Addition Paving and Drainage Improvements <br />Project (the "Project"). The CONSULTANT'S basic services are described <br />in Paragraph 1.3 of this Agreement. <br />1.2 STARDARDS OF PERFORIIARCE In the performance of all services in <br />connection with this Agreement, the CONSULTANT shall use that degree of <br />care and skill ordinarily exercised by professional inspection services <br />for similar street and drainage construction projects. <br />1.3 BASIC SERVICES The CONSULTANT shall provide the following <br />services: <br />(a). Resolve questions of fact arising in regard to the quality and <br /> acceptability of work performed by the contractor, according to <br /> plans and specifications, manner of performance and rate of <br /> progress of the work. <br />(b). Observation of the construction site, with written inspection <br /> reports to the City Department of Environment and Engineering (the <br /> "project engineer"), regarding any violations of the terms and <br /> conditions of the contract and contractor's interaction with <br /> residents of the area and other persons on the job site. <br /> Inspection reports shall be prepared on a daily basis, and shall <br /> be submitted to the project engineer on a weekly basis. <br />(C). Assist the project engineer in verifying the accuracy of progress <br /> payments initiated and submitted by the contractor for approval. <br />(d). Assist in training city personnel in construction related <br /> activities and requirements. <br /> AR'.rICLB 2 <br /> CORSULTAft . S EXPERSES <br />2.1 CONSULTANT agrees to provide, at his own expense, <br />transportation, facilities, telephone, insurance and equipment (except <br />special testing equipment), as required for CONSULTANT'S satisfactory <br />performance under this Agreement. <br />