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<br /> 43. <br /> PROFESSIONAL SERVICES AGREEMENT <br /> FOR TOURIST INFORMATION CENTER CONSTRUCTION PROJECT <br /> ThisAGREEMENTismadethisthe 22nd day of December , 1998, between <br /> the City of San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and <br /> Jeffrey H. Kester & Associates ( the "Architect"), 516 West Hopkins, San Marcos, Texas <br /> 78666, for the provision of architectural services in connection with the Tourist Information <br /> Center Project. <br /> The City and the Architect agree as follows: <br /> ARTICLE 1 <br /> ARCHITECT'S SERVICES AND RESPONSIBILITIES <br /> 1.1 STANDARDS OF PERFORMANCE <br /> 1.1.1 Architect 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 for the construction of the Tourist Information Center Project <br /> (the "Project") to be located on a one acre tract of land located near the intersection of IH <br /> 35 and Riverside Drive, adjacent to the City owned Greenhouse Interpretive Center. The <br /> Project will be a one story structure approximately 2,000 square feet in size and will include <br /> a large viewing room, adequate parking, two office spaces and a storage room. <br /> 1.1.2 The Architect's Basic Services consist of the services described in Sections 1.1 <br /> through 1.4 and include normal architectural and site planning/surveying services. <br /> 1.1.3 The performance of all services by the Architect 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 Architect will use that degree of care and skill ordinarily exercised for <br /> similar projects by professional Architects who possess special expertise in the types of <br /> services involved under this Agreement. No work under this Agreement will be <br /> subcontracted by the Architect without prior written approval from the City. Any work or <br /> services subcontracted under this Agreement shall be specified by separate written <br /> Agreement and shall be subject to each provision of this Agreement. Any provisions in this <br /> Agreement pertaining to the City's review, approval and/or acceptance of written materials <br /> prepared by Architect and/or its subconsultants, contractors, and subcontractors in <br /> connection with this Agreement will not diminish Architect's responsibility for the materials. <br /> 1.1.4 Architect will perform all of its services in coordination with the City. The Architect <br /> will advise the City of data and information the Architect needs to perform its services, and <br /> the Architect will meet with City representatives at mutually convenient times to assemble <br /> this data and information. <br /> 1 <br /> - <br />