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PROFESSIONAL ENGINEERING SERVICES AGREEMENT <br />This Agreement is made this the 6th day of January, 2009, between the City of San <br />Marcos, Texas ( "City "), 630 East Hopkins, San Marcos, Texas 78666 and Kimley Horn and <br />Associates, Inc. ( "Engineer ") 10415 Morado Circle, Building 1, Suite 300, Austin, Texas 78759 <br />for the provision of professional engineering services in connection with the Improvements to <br />the RM 12 (East Hopkins Street) Intersection with Thorpe Lane (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 and <br />preparation of plans and specifications and other construction contract documents and for <br />construction administration for the Project. The Project generally includes improvements to the <br />turn -lanes on both RM 12 and Thorpe Lane. In addition, the Project may also include driveway <br />modifications, signalization, signal timing, pedestrian and bicycle improvements and a study on <br />.the likely costs and resulting effects on congestion of removing the signal controls at the <br />intersection of Thorpe Lane and Robbie Lane, and placing new signalization controls at the <br />intersection of Thorpe Lane and Springtown Way. The Project may also address gaps in the <br />intermittent sidewalks along RM 12, both east and west of the Thorpe Lane intersection. A <br />Project Concept, illustrating the above, is attached as Exhibit A. The Engineer understands that <br />the roadway and drainage designs will be required to meet Texas Department of Transportation <br />( "TxDOT ") criteria for the improvements along RM 12, and that backless inlets with an open <br />ditch may be the preferred alternative to meet storm -drain needs after widening and the addition <br />of concrete curb and gutters. The Engineer has determined that a Programmatic Categorical <br />Exclusion ( "PCE ") will be necessary for environmental documentation purposes and that <br />coordination with Texas Commission on Environmental Quality ( "TCEQ ") will not be required <br />beyond including temporary erosion and sedimentation controls in the construction plans and <br />specifications. <br />1.0.2 The Engineer's Basic Services consist of the services specifically described in Sections 1.0 <br />through 1.7 as well as those specific engineering services to be performed through the following <br />consulting disciplines as subcontractors to the Engineer: <br />(1) Wallace Group — survey services <br />(2) GRAM Traffic - traffic counting services <br />(3) Cox/McLain Environmental Consulting — Environmental <br />Clearance Documentation <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 />Kimley Horn — Thorpe Lane Project <br />