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MASTER AGREEMENT FOR <br />PROFESSIONAL ENGINEERING ON-CALL SERVICES <br />This Agreement is made this the 3rd day of March, 2009, between the City of San <br />Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and Bain Medina Bain, <br />Inc. ("Engineer") 7073 San Pedro Avenue, San Antonio, Texas 78216 for the provision of <br />professional engineering on-call services in connection with various street and drainage related <br />civil engineering projects including, but not limited to, City capital improvement projects, <br />schedule critical projects and emergency projects (the "Project(s)"). <br />The City and the Engineer agree as follows: <br />ARTICLE 1 <br />ENGINEER'S SERVICES AND RESPONSIBILITIES <br />1.0 STANDARDS OF PERFORMANCE <br />1.0.1 Engineer will be responsible for the proper, accurate and adequate design and preparation <br />of plans and specifications and other construction contract documents and for construction <br />administration for the Project as requested. The Project(s) may generally include civil <br />engineering, roadway and geometric design, drainage and storm water management, floodplain <br />management, geotechnical and soils engineering, bike and pedestrian facilities, plan review, <br />project management/planning, structural engineering, environmental assessment, surveying <br />services, construction administration/inspection and subsurface/utility exploration all as <br />indicated in subsequent Work Authorization(s) which may be attached to this Agreement (see <br />Attachment A). <br />1.0.2 The Engineer's Basic Services consist of the services described in Sections 1.1 through <br />1.4 and will be performed by the Engineer as well as through the following consulting disciplines <br />as subcontractors to the Engineer: <br />(1) Arias & Associates, Inc. - Geotechnical and Environmental Engineering <br />(2) Underground Services, Inc. dba Softdig - Subsurface Utility Exploration <br />1.0.3 The performance of all services by the Engineer in connection with this Agreement will <br />be by 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 />Engineer 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 under this <br />Agreement. <br />1.0.4 No work under this Agreement will be subcontracted by the Engineer without prior <br />written approval from the City. Any work or services subcontracted under this Agreement will <br />be specified by separate written Agreement and will be subject to each provision of this <br />Agreement.