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PROFESSIONAL ENGINEERING SERVICES AGREEMENT <br />This Agreement is made this the 16?1' day of September, 2008, between the City of San <br />Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and Bain Medina Bain, <br />Inc., a Texas Corporation ("Engineer"), 7073 San Pedro, San Antonio, Texas 78216 for the <br />provision of professional engineering services in connection with the Victory Gardens <br />Neighborhood Drainage, Water, Wastewater and Street Improvements Project (the "Project"). <br />ARTICLE 1 <br />ENGINEER'S SERVICES AND RESPONSIBILITIES <br />1.0 STANDARDS OF PERFORMANCE <br />1.0.1 The Engineer will be responsible for management, surveying, preliminary engineering <br />and environmental services for the Project. The Project consists of preliminary engineering <br />services for street, sidewalk, drainage, water and wastewater infrastructure improvements to the <br />Victory Gardens Neighborhood which is an established neighborhood within the city limits of <br />San Marcos, Texas. The neighborhood is bordered on the southeast by commercial development <br />located on the IH-35 frontage road; on the east by Guadalupe Street, a one way major arterial <br />which serves as egress from the downtown area to IH-35; on the west by the Union Pacific <br />Railroad tracts; and on the south by an apartment complex. Willow Springs Creek runs through <br />the neighborhood and is an improved grassed lined channel with a concrete pilot channel. The <br />proposed improvements consist of improvements to the streets, sidewalks, water, wastewater, <br />and storm water systems in the Project area. The proposed improvements will include the <br />proposed Roosevelt Wastewater project. <br />1.0.2 The Engineer's Basic Services consist of the services described in Sections 1.0 through <br />1.4 and include normal civil engineering services. <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. <br />1.0.5 Any provisions in this Agreement pertaining to the City's review, approval and/or <br />acceptance of written materials prepared by the Engineer and/or its subconsultants, contractors, <br />and subcontractors in connection with this Agreement will not diminish the Engineer's <br />1