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Res 2003-137
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Res 2003-137
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Last modified
10/25/2004 3:23:36 PM
Creation date
2/17/2004 10:23:27 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2003-137
Date
8/25/2003
Volume Book
153
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<br />accordance with City design and construction standards and with applicable laws and <br />regulations, and submit them to the IH-35 Project Manager and the City for review and <br />approval. The IH-35 Project Engineer will assist the IH-35 Project Manager in obtaining <br />all necessary permits for the IH-35 Project from authorities having jurisdiction over the <br />work (including but not limited to the City and the railroad company). <br />C. The IH-35 Project Engineer will perform periodic inspections of work on the IH-35 Project <br />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 IH-35 Project Engineer will conduct inspections to determine the dates of substantial <br />completion and final completion for the IH-35 Project, and make a written recommendation <br />to the City regarding the acceptance of the IH-35 Project. <br />E. The IH-35 Project Engineer shall make available to Bennett and Blanco, and Bennett and <br />Blanco shall be entitled to have access to, all plans, materials, documents and other <br />information in the IH-35 Project Engineer's possession pertaining the IH-35 Project, <br />including without limitation, the costs of the IH-35 Project, and the IH-35 Project Engineer <br />shall response promptly to all reasonable requests for information concerning the IH-35 <br />Project from Bennett and Blanco. <br /> <br />4. Construction. The Parties agree the IH-35 Project Manager will: <br /> <br />A. Obtain the City's approval of the contractor to be used for the construction. <br />B. Obtain a performance bond and a payment bond in the full amount of the construction <br />contract from the contractor, naming Bennett, Blanco and the City as obligees. <br />C. Require the contractor to maintain commercial general liability insurance coverage for all <br />of its operations and those of its subcontractors, and all persons engaged in work on the site <br />must be covered by workers' compensation insurance. <br />D. Cause all necessary licenses and permits for the IH-35 Project to be obtained from authorities <br />having jurisdiction over the work (including but not limited to the City and railroad <br />company), and pay all fees related to such permits. <br />E. Require the contractor to construct the IH-35 Project in a good and workmanlike manner and <br />in accordance with the plans and specifications for the IH-35 Project prepared by the IH-35 <br />Project Engineer. <br />F. Require the contractor to complete the construction ofthe IH-35 Project no later than March <br />31,2004. <br /> <br />5. Escrow of Funds; Cost Sharing <br /> <br />A. Bennett and Blanco will each be responsible for one-half (1/2) of the costs of the IH-35 <br />Project, including financing costs, IH-35 Project Engineering costs, construction costs, <br />easement costs, and administrative costs, and Bennett and Blanco will not request nor <br />require the issuance of bonds or any other form of public indebtedness in fmancing the IH- <br />35 Project. <br />B. Bennett and Blanco each agree to pay the following sums to the IH-35 Project Manager, for <br />the sole purpose of covering the financial obligations of Bennett and Blanco under this <br />Agreement, as follows: <br /> <br />2 <br />
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