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<br />95. <br /> <br />PROFESSIONAL SERVICES AGREEMENT <br /> <br />This Agreement is made this the 20th, day of April ,2005, between the City <br />of San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and HRM <br />Consultants, Inc. ("Consultant") 14500 Ranch Road 12, Suite 12, Wimberley, Texas 78676, for <br />the provision of professional real property acquisition services in connection with the FM 3407 <br />(Wonder World Drive) Extension Project (the "Project"). <br /> <br />The City and the Consultant agree as follows: <br /> <br />ARTICLE 1 <br />CONSUL T ANT'S SERVICES AND RESPONSIBILITIES <br /> <br />1.1 STANDARDS OF PERFORMANCE <br /> <br />1.1.1 Consultant will be responsible for the right of way acquisition services including the <br />acquisition of right of entry agreements in conjunction with the Project. <br /> <br />1.1.2 The Consultant's Basic Services consist of the services described in Sections 1.1 through <br />1.11 and include normal right-of-way acquisition services. Certain portions of the Consultant's <br />Basic Services may be required to be performed through the following consulting disciplines as <br />subcontractors to the Consultant: <br /> <br />(1) Appraiser - Lyn Eckmann <br />(2) Review Appraiser - A.C. Schwethelm <br /> <br />1.1.3 The performance of all services by the Consultant in connection with this Agreement will <br />be by persons appropriately licensed or registered under State, local and Federal laws governing <br />their respective consulting disciplines. In performing all services under this Agreement, the <br />Consultant will use that degree of care and skill ordinarily exercised for similar projects by <br />professional Consultants who possess special expertise in the types of services involved under <br />this Agreement. <br /> <br />1.1.4 No work under this Agreement will be subcontracted by the Consultant without prior <br />written approval from the City. Any work or services subcontracted under this Agreement shall <br />be specified by separate written Agreement and shall be subject to each provision of this <br />Agreement. <br /> <br />1.1.5 Any provisions in this Agreement pertaining to the City's review, approval and/or <br />acceptance of written materials prepared by the Consultant and/or its subconsultants, contractors, <br />and subcontractors in connection with this Agreement will not diminish the Consultant's <br />responsibility for the materials. <br /> <br />1.1.6 Consultant will perform all of its services in coordination with the City. The Consultant <br /> <br />1 <br />