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<br />purpose of providing additional capacity in the Post Road Project. Ifthe City desires to require such <br />oversizing, it must give a written request to Agua Tierra prior to the date the construction plans for the <br />Post Road Project have been approved. If the City so provides a written request to Agua Tierra that <br />such oversizing be performed, Agua Tierra will direct the Post Road Project Engineer to prepare a <br />preliminary cost estimate for the oversizing for City approval, and will cause such cost estimate to be <br />delivered to the City within thirty (30) days after the date of the City's request for oversizing. The City <br />shall give Agua Tierra notice of its approval or disapproval of the cost estimate within thirty (30) days <br />after the date the cost estimate is delivered to the City. If the City gives Agua Tierra notice of its <br />approval of the cost estimate, Agua Tierra will direct the Post Road Project Engineer to design the Post <br />Road Project to incorporate the oversizing requested by the City. If the City fails to give Agua Tierra <br />notice of its approval of the cost estimate within said 30-day period, the City shall be conclusively <br />deemed to have disapproved the cost estimate and the Post Road Project shall continue without such <br />overslzmg. <br /> <br />3. Engineer's Services. Agua Tierra will ensure that all construction work on the Post Road <br />Project is performed under the supervision and oversight of the Post Road Project Engineer, including <br />the following: <br /> <br />A. The Post Road Project Engineer will coordinate the design and construction of the Post Road <br />Project with the City. <br />B. The Post Road Project Engineer will prepare plans and specifications for the Post Road Project <br />in accordance with City design and construction standards and with applicable laws and <br />regulations, and submit them to the City for review. The Post Road Project Engineer will assist <br />Agua Tierra in obtaining all necessary permits for the Post Road Project from authorities having <br />jurisdiction over the work (including but not limited to the City and railroad company). <br />C. The Post Road Project Engineer will perform periodic inspections of work on the Post Road <br />Project in progress at least monthly throughout the construction period, and will coordinate the <br />inspections with the City's Department of Environment and Engineering. <br />D. The Post Road Project Engineer will conduct inspections to determine the dates of substantial <br />completion and [mal completion for the Post Road Project, and make a written recommendation <br />to the City regarding the acceptance of the Post Road Project. <br /> <br />4. Construction. Agua Tierra will ensure that the construction of the Post Road Project is <br />performed in accordance with the following: <br /> <br />A. Agua Tierra will obtain the City's approval of the contractor to be used for the construction. <br />B. Agua Tierra will obtain a performance bond and a payment bond in the full amount of the <br />construction contract from the contractor, naming Agua Tierra and the City as obligees. <br />C. Agua Tierra will require the contractor to maintain commercial general liability insurance <br />coverage for all of its operations and those of its subcontractors, and all persons engaged in <br />work on the site must be covered by workers' compensation insurance. <br />D. Agua Tierra will cause all necessary licenses and permits for the Post Road Project to be <br />obtained from authorities having jurisdiction over the work (including but not limited to the City <br />and railroad company), and pay all fees related to such permits. <br />E. Agua Tierra will require the contractor to construct the Post Road Project in a good and <br /> <br />2 <br />