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<br />122 <br /> <br />PROFESSIONAL SERVICES AGREEMENT FOR <br />NEIGHBORHOOD SIDEWALK PROJECT <br /> <br />This AGREEMENT is made this the 27th day of January , 1998, between <br />the CITY OF SAN MARCOS, TEXAS, ("City") 630 East Hopkins, San Marcos, Texas 78666 <br />and MARTINEZ, WRIGHT & MENDEZ, INC., 1106 Clayton Lane, Suite 400 W., Austin, <br />Texas 78723 ("Consultant"), for the provision of engineering and surveying services in <br />connection with the Neighborhood Sidewalk 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 Consultant will be responsible for the proper, accurate and adequate design and <br />preparation of plans and specifications and other construction contract documents and for <br />construction administration of the Neighborhood Sidewalk Project (the "Project"). The <br />purpose of the Project is to provide safe and convenient pedestrian access from <br />neighborhoods to nearby schools, parks, and commercial areas at several sites <br />throughout the city of San Marcos. Funding for the construction of this Project is being <br />provided by the United States Department of Housing and Urban Development ("HUD") <br />through th~ Community Development Block Grant ("CDBG") Program. The Consultant will <br />perform all of its services so that the Project will proceed in accordance with HUD <br />guidelines. <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 civil engineering and surveying services. <br /> <br />1.1.3 The performance of all services in connection with this Agreement will be by <br />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 engineers who possess special expertise in the types of services involved <br />under this Agreement. No work under this Agreement will be subcontracted by the <br />Consultant without prior written approval from the City. Any work or services subcontracted <br />under this Agreement shall be specified by written Agreement and shall be subject to each <br />provision of this Agreement. Any provisions in this Agreement pertaining to the City's <br />review, approval and/or acceptance of written materials prepared by Consultant and/or its <br />subconsultants, contractors, and subcontractors in connection with this Agreement will not <br />diminish Consultant's responsibility for the materials. <br /> <br />1.1.4 Consultant will perform its services in coordination with the City. The Consultant will <br /> <br />1 <br />