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<br /> 86 <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 12th day of February , <br />19 91 , between the CITY OF SAN MARCOS, TEXAS, hereinafter referred to <br />as "OWNER", 630 East Hopkins, San Marcos, Texas 78666, and Professional <br />Services, Inc. "P.S.I. " , 1916 Tillery Street, Austin, Texas 78723 for <br />construction materials testing and inspection services in connection <br />with the Reconstruction of Runway 8-26 and related improvements to the <br />3an Marcos Municipal Airport Project. <br /> WITNESSETH: OWNER and P. S . I. do hereby agree as follows: <br /> ARTICLE 1 <br /> DEFDIITIOB OF".rElUIS <br />1.1 P.S.I. shall include the company, or its particular division, <br />subsidiary or affiliate performing the work. <br />1.2 OWNER refers to the City of San Marcos. Charles Willis and <br />Associates (" CONSULTANT") is the OWNER'S duly authorized agent for the <br />purpose of ordering and directing work under this agreement. <br /> ARTICLE 2 <br /> SERVICES AND RESPONSIBILITIES <br />2.1 P.S.I. will provide experienced, technical personnel to perform <br />the necessary testing and inspection services in accordance with <br />project specifications upon the recommendation and direction of <br />CONSULTANT. <br />2.2 STANDARDS OF PERFORHANCE P.S.I.'s services will be performed, its <br />findings obtained and its reports prepared in accordance with its <br />proposal, this agreement, and with generally accepted principles and <br />practices. In performing its professional services, P.S.I. will use <br />that degree of care and skill ordinarily exercised under similar <br />:::ircumstances by members of its profession. CONSULTANT assumes sole <br />responsibility for determining whether the quantity and the nature of <br />the work ordered is adequate and sufficient for the OWNER's intended <br />purpose. <br />2.3 TESTS AND INSPECTIONS CONSULTANT shall cause all tests and <br />inspections of the site, materials and work performed by P.S.I. or <br />others to be timely and properly performed in accordance with the <br />plans, specifications and contract documents, and P.S.I. 's <br />recommendations. OWNER agrees to hold P.S.I., its officers, employees <br />and agents harmless from any and all claims, costs and expenses, in <br />the event that such tests and inspections are not so performed or <br />P.S.I. 's recommendations are not so followed except to the extent that <br />such failure is the result of the negligent, willful or wanton act or <br />omission of P.S.I., its officers, agents, or employees. <br />2.4 ACCESS TO SITE OWNER shall arrange and provide such access to <br />the site as is necessary for P.S.I. to perform the work. P.S.I. shall <br />