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<br />160 <br /> <br />PROFESSIONAL SERVICES AGREEMENT <br /> <br />This Agreement is made this the 9th day of November , 1999, between <br />the City of San Marcos, Texas (the "City"), 630 East Hopkins, San Marcos, Texas 78666 <br />and Hicks & Company 1504 West 5th Street, Austin, Texas 78703 (the "Consultant"), for <br />the provision of professional services in connection with the Wonder World Drive Extension <br />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 complete and accurate preparation of an <br />environmental assessment (the "Project") for the City's Wonder World Drive Extension <br />Project. <br /> <br />1.1.2 The Consultant's Basic Services will consist of the services described in Section 1.2 <br />and will include professional engineering, geological, ecological, environmental and <br />archaeological services. Certain portions of the Consultant's Basic Services may be <br />required to be performed through the following consulting disciplines as subcontractors to <br />the Consultant: <br /> <br />(1) Rodriguez and Huggins-Preliminary engineering design <br />(2) George Veni and Associates-Geological investigation <br /> <br />1.1.3 The performance of all services by the Consultant in connection with this <br />Agreement will be by persons appropriately licensed or registered under state, local and <br />federal laws governing their respective consulting disciplines. In performing all services <br />under this Agreement, the Consultant will use that degree of care and skill ordinarily <br />exercised for similar projects by professional Consultants who possess a high degree of <br />special expertise in the types of services involved under this Agreement. The reports, <br />information and data collected and developed by the Consultant under this Agreement will <br />be fully adequate to satisfy the eligibility criteria ofthe Texas Department of Transportation <br />for funding participation by the State of Texas in the construction of the Wonder World <br />Drive Extension Project. <br /> <br />1.1.4 Except as to the subcontractors identified in 1.1.2, no work under this Agreement <br />will be subcontracted by the Consultant without prior written approval from the City. Any <br />work or services subcontracted under this Agreement shall be specified by separate <br />written Agreement and shall be subject to each provision of this Agreement. <br /> <br />1 <br />