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<br /> 168 <br /> PROFESSIONAL SERVICES AGREEMENT FOR <br /> THE DOWNTOWN SIDEWALK AND RELATED IMPROVEMENTS PROJECT <br /> This AGREEMENT is made this the 27th day of April, 1998, between the CITY OF <br /> SAN MARCOS, TEXAS ("City"), 630 East Hopkins, San Marcos, Texas 78666 and BEATY <br /> SAUNDERS ARCHITECTS, INC. (the "Consultant"), St. Paul Square, 1148 East <br /> Commerce, San Antonio, Texas 78205, for the provision of professional services in <br /> connection with the Downtown Sidewalk and Related Improvements Project. <br /> The City and the Consultant agree as follows: <br /> ARTICLE 1 <br /> CONSULTANT'S SERVICES AND RESPONSIBILITIES <br /> 1.1 STANDARDS OF PERFORMANCE <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 Downtown Sidewalk and Related Improvements Project <br /> (the "Project"). The Project includes but is not limited to replacement of existing sidewalks, <br /> addition of landscape islands, restriping of parking spaces to include disability parking, <br /> lighting improvements, new curbs and limited drainage improvements, landscape <br /> improvements, including street trees, tree grates and drip irrigation, and street furniture and <br /> signage. .Consultant will utilize construction methods and sequencing that minimize <br /> impacts on adjacent businesses and on public use of the surrounding facilities. Funding <br /> for the construction of this Project is being provided by the United States Department of <br /> Housing and Urban Development ("HUD") through the Community Development Block <br /> Grant ("CDBG") Program. The Consultant will perform all of its services so that the Project <br /> will proceed in accordance with HUD guidelines. <br /> 1.1.2 The Consultant's Basic Services consist of the services described in Sections 1.1 <br /> through1.5 and include normal engineering and architectural services. Certain portions of <br /> the Consultant's Basic Services may be required to be performed through the following <br /> consulting disciplines as subcontractors to the Consultant: <br /> (1) field topographic surveying <br /> (2) structural and mechanical-electrical engineering <br /> (3) landscape architecture <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 /> 1 <br />