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<br /> -2- <br /> 1. JWB agrees to construct improvements to the City's <br /> water and wastewater system by the construction of an 18", <br /> gravity flow, wastewater main from Baunach Subdivision, down <br /> and along the south right-of-way of east River Road to the <br /> existing lift station at the intersection of River Road and <br /> the east frontage road of Interstate Highway 35, more <br /> particularly described in Exhibit "B" attached hereto and <br /> made a part hereof for all purposes. <br /> 2. J~vB agrees to provide all such wastewater <br /> improvements according to City's specifications as determined <br /> by the Director of Public vvorks of the City of San Marcos. <br /> 3. JWB and the City agree that JWB will act as Project <br /> Manager in the construction of the improvements set forth on <br /> the attached Exhibit "B", and shall act as agent for the City <br /> in such regard. <br /> 4. JWB agrees to comply with Article 2368a, V.A.T.S., <br /> by causing a notice of the construction project described in <br /> Exhibit "B", to appear in a newspaper published in the City <br /> of San I\,1arcos once a week for two consecutive weeks, at least <br /> fourteen (14) days prior to the date for letting the contract <br /> on said improvements. <br /> 5. JWB agrees to provide a copy of its bid tabulation <br /> sheet signed by its professional engineer or project <br /> contractor to the City for consideration by the City Council. <br /> 6. JWB agrees to abide by the decision of the City <br /> Council and its acceptance or rejection of any or all bids. <br /> 7. JWB agrees to resubmit the project for bids should <br /> all bids received not be acceptable to the City Council. <br /> 8. JWB agrees to require that the contractor awarded <br /> the bid for the project be required to execute a Performance <br /> Bond naming the City as beneficiary or joint beneficiary with <br /> JWB. <br />