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<br />, <br /> <br />I <br /> <br />I <br /> <br />I <br /> <br /> <br />71 . <br /> <br />HIGH TECHNOLOGY <br />ODOR CONTROL EQUIPMENT PROCUREMENT <br />AND INSTALLATION AGREEMENT <br /> <br />This Agreement is made this the ih day of December, 2004, between the City of San <br />Marcos, Texas (the "City"), 630 East Hopkins, San Marcos, Texas 78666 and Bioway CA II, <br />LLC (the "Contractor"), Greentree Executive Campus, 3002 E. Lincoln Drive West, MarIton, <br />New Jersey 08053, for the provision and installation of high technology odor control equipment <br />(the "Project") and for maintenance services for the odor control equipment. <br /> <br />The City and the Contractor agree as follows: <br /> <br />ARTICLE 1 <br />CONTRACTOR'S SERVICES AND RESPONSIBILITIES <br /> <br />1.1 STANDARDS OF PERFORMANCE <br /> <br />1.1.1 The Contractor will be responsible for the provision and installation of a new odor <br />control equipment system (the "Equipment") at the San Marcos Wastewater Treatment Plant <br />("WWTP") and up to 5 additional lift station locations throughout the City. The Contractor will <br />proceed with and complete the work for this Project in accordance with the Conformed <br />Technical Specifications ("Attachment A"). <br /> <br />1.1.2 The Contractor's Basic Services consist of the services described in Sections 1.1 through <br />1.8. <br /> <br />1.1.3 As required by state, local or federal laws, the performance of all services by the <br />Contractor in connection with this Agreement will be by persons appropriately licensed under <br />those laws. In performing all services under this Agreement, the Contractor will use that degree <br />of care and skill ordinarily exercised for similar projects by Contractors who possess special <br />expertise in the types of services involved under this Agreement. <br /> <br />1.1.4 No wo; k under this Agreement will be subcontracted by the Contractor without prior <br />written approvt 1 from the City. Any work or services subcontracted under this Agreement shall <br />be specified bJ separate written Agreement and shall be subject to each provision of this <br />Agreement. <br /> <br />1.1.5 Any provisions in this Agreement pertammg to the City's review, approval and/or <br />acceptance of written materials prepared by the Contractor and/or its subcontractors, contractors, <br />and subcontractors in connection with this Agreement will not diminish the Contractor's <br />responsibility for the materials. <br /> <br />1.1.6 The Contractor will perform all of its services in coordination with the City. The <br />Contractor will advise the City of data and information the Contractor needs to perform its <br />services, and the Contractor will meet with City representatives at mutually convenient times to <br />assemble this data and information. <br /> <br />1 <br />