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<br />171 <br /> <br />5T A TE OF TEXAS <br /> <br />CITY OF SAN MARCOS <br /> <br />CONSTRUCTION CONTRACT <br /> <br />This Contract is made this 10th day of August , 1999 between the City <br />of San Marcos, 630 East Hopkins, San Marcos, Texas (the "City") and Bryan Construction <br />Company, P.O. Box 4087, Bryan, Texas 77805 (the "Contractor"). <br /> <br />1. AGREEMENTS BY THE CONTRACTOR <br /> <br />A. The Contractor will furnish all labor, equipment and materials necessary for the <br />completion of the San Marcos Wastewater Treatment Plant Biofilter Project as described <br />in the plans and specifications as prepared by Camp Dresser & McKee, Inc, ("Consultant"), <br />with the following modifications: 1, The modifications described in the Contractor's <br />proposal dated July 15, 1999, with attachments; 2. The addition of the divider walls <br />referenced in a letter from the Contractor dated July 15,1999; 3. The use ofPVC Butterfly <br />valves in lieu of iron valves referenced in a letter from the Contractor dated July 15, 1999 I <br />all as attached to this Contract as Attachment A. <br /> <br />B. The Contractor will perform all work in a good and workmanlike manner. It is <br />understood and agreed that the Contractor is an independent contractor, and not an agent <br />or co-venturer with the City regarding the work. The Contractor is solely responsible for, <br />and neither the City nor the Consultant wilt control, the means, methods and sequences <br />of construction used by the Contractor in performing the work, The Contractor is <br />responsible for producing a final product that is fully functional and fit for its intended <br />purposes, and meets all requirements of the plans and specifications, with the <br />modifications described above. The Consultant will be the sole judge of the acceptability <br />of all work performed under this Contract. Any changes to the work that change the <br />contract price or the contract time must be authorized by the City and the Consultant in a <br />written change order. <br /> <br />C. The Contractor will promptly provide the City, upon execution of this Contract, a <br />certificate of insurance evidencing at least the following levels of insurance coverage: <br /> <br />Coverage <br /> <br />Minimum Limits ($) <br /> <br />Comprehensive General Liability <br />Motor Vehicle Liability <br />Workers' Compensation <br /> <br />250,000/500,000/100,000 <br />250 I 000/500 ,000/100,000 <br />Statutory <br /> <br />All insurance coverage except workers' compensation will name the City as an additional <br />insured/or an insured as its interests appear. Insurance underwriters must be acceptable <br /> <br />1 <br />