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<br /> Article 1. The Project. River Ridge hereby agrees to construct the <br />regional Sanitary Sewer Interceptor, which system runs from what is generally <br />known locally the "Old Jail House Lift Station " to the "Old Treatment <br /> as <br />Plant", as described and depicted in Exhibit A, (referred to herein either as <br />the IIProject" or as the "Sanitary Sewer Interceptor " <br /> Article 2. Project Manager. The parties hereby designate River Ridge as <br />Project ~ anager for the design and construction of such Sanitary Sewer <br />Interceptor, and authorize and direct River Ridge to perform the following <br />services in connection therewith: <br /> 2.01. To engage the services of Byrn & Associates, a Texas engineering <br /> corporation ("Byrn") to complete the design of the plans and <br /> specifications for the construction of the Sanitary Sewer Interceptor and <br /> to generally oversee and inspect the construction of the Sanitary Sewer <br /> Interceptor in accordance with engineering standards of the City of San <br /> Marcos. The construction of the Sanitary Sewer Interceptor shall be in <br /> accordance with the plans and specifications prepared by Byrn and any <br /> material deviation from such plans and specifications shall require the <br /> approval by a 5/6 vote of the parties hereto; provided, however, any <br /> deviation from the location of the Sanitary Sewer Interceptor or the <br /> capacity thereof shall require the unanimous approval of all the parties <br /> hereto. Except as otherwise provided herein, each party hereto shall have <br /> two votes for purposes of this Agreement except for Rakor and Shown, which <br /> shall have one vote each. <br /> 2.02. To solicit bids for the construction of the Sanitary Sewer <br /> Interceptor in accordance with the bid procedures which the City is <br /> required to follow where appropriate. <br /> 2.03. To enter into one or more contracts with a qualified contractor for <br /> the construction of all or part of the Sanitary Sewer Interceptor <br /> (collectively the "Construction Contracts") , and to obtain a performance <br /> and payment bond for the full amount of each such Construction Contract. <br /> All contractors must provide standard documentation normally required <br /> pursuant to construction of this nature, specifically including, but not <br /> limited to, certification of insurance (under which all parties hereto are <br /> identified as additional insureds) and agreements of indemnification with <br /> respect to causes of action, claims, damages, etc., arising out of or <br /> related to such construction. <br /> 2.04. To perform the following services with respect to the Construction <br /> Contracts: (i) observe the construction of the Sanitory Sewer Interceptor <br /> pursuant to the Construction Contracts entered into, (ii) to make monthly <br /> written reports to all parties setting out all funds spent and the work <br /> performed pursuant to the Construction Contracts, and (iii) to state in <br /> said reports whether or not the contractors performing the work under the <br /> 2 <br />15/1026/3 <br />