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PROFESSIONAL SERVICES AGREEMENT FOR <br />REAL PROPERTY ACQUISITION SERVICES <br />This Agreement is effective as of this the 7th day of June, 2011, between the City of San <br />Marcos, Texas ( "City "), 630 East Hopkins, San Marcos, Texas 78666 and Lockwood, Andrews <br />& Newnam, Inc., ( "Consultant "), 400 W. Hopkins, Suite 203, San Marcos, Texas 78666 for the <br />provision of right -of -way and easement acquisition services (the "Services ") in connection with <br />the North LBJ — Sessom to Holland and 12" Waterline Project (the "Project "). <br />The City and the Consultant agree as follows: <br />ARTICLE 1 <br />CONSULTANT'S SERVICES AND RESPONSIBILITIES <br />1.0 STANDARDS OF PERFORMANCE <br />1.0.1 Consultant will be responsible for the provision of proper and accurate real property <br />acquisition services for the Project. These Services will generally include road right -of -way <br />appraisal and easement negotiation and acquisition services for no more than 32 real property <br />parcels. <br />1.0.2 The Consultant's Basic Services consist of the services described in Sections 1.0 through <br />1.6. These services will be performed by the Consultant as well as through the following <br />consulting disciplines as a subcontractor to the Consultant: <br />Lory Johnson — Appraisal Services <br />Jeff Rutherford — Appraisal Review Services <br />1.0.3 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 />real property acquisition and disposition. In performing all services under this Agreement, the <br />Consultant will use that degree of care and skill normally exercised for similar projects by <br />professional Consultants who possess special expertise in the types of services included in this <br />Agreement. <br />1.0.4 The Consultant will not subcontract any work under this Agreement without prior written <br />approval from the City. The Consultant will specify any work or services subcontracted under <br />this Agreement by separate written agreement and that agreement will be subject to each <br />provision of this Agreement. <br />1.0.5 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 />LAN -North LBJ — Sessom to Holland and 12" Waterline Project Final <br />1 <br />