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PROFESSIONAL ENGINEERING SERVICES FOR <br />VICTORY GARDENS NEIGHBORHOOD DRAINAGE, WATER, WASTEWATER AND <br />STREET IMPROVEMENTS — NORTH SECTION PROJECT <br />This Agreement is made this the 5th day of January, 2010, 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 services (the "Services ") in connection with the Victory Gardens <br />Neighborhood Drainage, Water, Wastewater and Street Improvements — North Section Project <br />(the "Project "). <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, analysis and <br />preparation of reports, plans, specifications and other construction contract documents and for <br />project /construction administration for the Project. The Engineer will perform Services under <br />this Agreement as a continuation of its work under a previous Agreement dated September 16, <br />2008 for the Victory Gardens Neighborhood. This Project is also located in the Victory Gardens <br />Neighborhood, which is an established neighborhood within the city limits of San Marcos, <br />Texas. The neighborhood is bordered on the southeast by commercial development located on <br />the IH -35 frontage road; on the east by Guadalupe Street, a one -way major arterial that serves as <br />egress from the downtown area to IH -35; on the west by the Union Pacific Railroad tracts; and <br />on the south by an apartment complex. The Project generally includes upgrades to the storm <br />sewer system, sanitary sewer and water mains and the offsite sanitary sewer system as well as <br />the complete reconstruction of the following streets in the Victory Gardens section of San <br />Marcos: <br />a) <br />Arizona <br />i) <br />Patton <br />b) <br />Armstrong <br />i) <br />Railroad <br />c) <br />Camacho <br />j) <br />Rodriguez <br />d) <br />Churchill <br />h) <br />Roosevelt <br />e) <br />Eisenhower <br />i) <br />Truman <br />f) <br />Georgia <br />j) <br />Virginia <br />g) <br />Gomez <br />k) <br />Wavell <br />h) <br />McArthur <br />In addition, the Engineer will also provide design services for the off -site sanitary sewer <br />improvements (pipe bursting) on South Mitchell Street from Faris Street to Gravel Street and on <br />Gravel Street from South Mitchell Street to Truman Street. <br />1.0.2 The Engineer's Basic Services consist of the services described in Sections 1.0 through <br />1 <br />