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PROFESSIONAL PROJECT MANAGEMENT AND <br />ENGINEERING SERVICES AGREEMENT <br />This Agreement is made this the 6th day of October, 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 project management services in connection with the Rio Vista Project <br />(Phases 1 and 2), Hutchison Drainage Improvements Project, the Nuisance Drainage Projects <br />(Uhland/County, Bishop/Prospect and Ebony/Parker) and various other City projects as assigned <br />by the City (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 assisting the City in the management of design, bid and <br />construction phase services for various water, wastewater and street and drainage infrastructure <br />proj ects. <br />1.0.2 The Engineer's Basic Services consist of the services described in Sections 1.1 through <br />1.5. <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 City's responsibility <br />for the materials. <br />1.0.6 The Engineer will perform all of its services in coordination with the City. The Engineer <br />will advise the City of data and information the Engineer needs to perform its services and the <br />Engineer will meet with City representatives at mutually convenient times to assemble this data <br />Bain Medina Bain Project Management <br />1