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<br />137. <br /> <br />PROFESSIONAL SERVICES AGREEMENT <br /> <br />This AGREEMENT is made this the 13th day of November, 2000, between the City <br />of San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and Byrn & <br />Associates, Inc. ("Consultant"), 1115 Hwy. 80, San Marcos, Texas 78666, for the provision <br />of professional services in connection with the Bishop Street Paving and Drainage <br />Improvements Project. <br /> <br />The City and the Consultant agree as follows: <br /> <br />ARTICLE 1 <br />CONSULTANT'S SERVICES AND RESPONSIBILITIES <br /> <br />1.1 STANDARDS OF PERFORMANCE <br /> <br />1.1.1 The Consultant will be responsible for the proper, accurate and adequate design <br />and preparation of plans and specifications and other construction contract documents and <br />for construction administration for the Bishop Street Paving and Drainage Improvements <br />Project (the "Project"). The Project consists of approximately 3900 linear feet of multi-lane <br />roadway, sidewalks, associated drainage both internal and across the street, connection~ <br />to adjacent side streets, utility relocations within the street, improving the sight distance at <br />the intersection of Bishop Street and Ramona Circle, and making an appropriate <br />connection to Ramona Circle. <br /> <br />1.1.2 The Consultant's Basic Services consist of the services described in Sections 1.1 <br />through 1.4 and include normal topographic, surveying, boundary surveying and civil <br />engineering services. Certain portions of the Consultant's Basic Services may be required <br />to be performed through consulting disciplines as subcontractors to the Consultant. <br /> <br />1.1.3 The performance of all services by the Consultant in connection with this Agreement <br />will be by persons appropriately licensed or registered under State, local and Federal laws <br />governing their respective consulting disciplines. In performing all services under this <br />Agreement, the Consultant will use that degree of care and skill ordinarily exercised for <br />similar projects by professional Consultants who possess special expertise in the types of <br />services involved under 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 <br />shall be specified by separate written Agreement and shall be subject to each provision of <br />this 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 Consultant and/or its subconsultants, <br />contractors, and subcontractors in connection with this Agreement will not diminish <br /> <br />1 <br />