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<br /> , 91 <br /> This AGREEMENT is made this the 31st day of August , 1995, between <br /> the CITY OF SAN MARCOS, TEXAS, hereinafter referred to as "CITY" 630 East Hopkins, <br /> San Marcos, Texas 78666 and JEFFREY H. KESTER & ASSOCIATES, 516 W. Hopkins <br /> Street, Suite C, San Marcos, Texas 78666 hereinafter referred to as "ARCHITECT", for <br /> architectural services in connection with the renovation of the buildings comprising the San <br /> Marcos Small Business Incubator. <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 /> contract administration for the renovation of the buildings comprising the San Marcos Small <br /> Business Incubator, hereinafter referred to as the "Project." Funding for this Project is <br /> being provided through a grant from the Texas Department of Housing and Community <br /> Affairs ("TDHCA") under the Texas Community Development Program. <br /> 1.1.2 Any provisions in the Agreement pertaining to the CITY's review, approval and lor <br /> acceptance of plans, specifications, construction contract documents, or other written <br /> materials prepared by ARCHITECT and/or its consultants, contractors, and subcontractors <br /> in connection with this Project will not diminish ARCHITECT's responsibility therefor. The <br /> ARCHITECT's Basic Services will consist of the services described in Sections 1.1 through <br /> 1.4 and include normal architectural, structural, mechanical, civil and electrical engineering <br /> services. Certain portions of the ARCHITECT's Basic Services are to be-performed <br /> through the following consulting disciplines as subcontractors to the ARCHITECT: <br /> (1) Mechanical/Electrical/Plumbing (M/E/P) <br /> (2) Structural <br /> (3) Civil <br /> 1.1.3 The performance of all architectural and engineering services in connection with this <br /> Agreement will be by persons appropriately licensed or registered under State laws <br /> governing the respective consulting disciplines. The ARCHITECT will use that, degree of <br /> care and skill ordinarily exercised for similar projects by professional architects who <br /> possess special expertise in the type of work involved in this Project. No work under this <br /> Agreement will be subcontracted by the ARCHITECT without prior written approval from <br /> the CITY. Any work or services subcontracted hereunder shall be specified by written <br /> Agreement and shall be subject to each provision of this Agreement. <br /> 1.2 PHASE 1 - SCHEDULING, MEASUREMENTS AND SCHEMATIC DESIGN <br />