Res 2003-167 - Laserfiche WebLink

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D. Obtain the City's approval of the bidder to which the award is made; E. Award a contract to the bidder whose bid represents the best value to the Phase 2 Parties, based on cost, durability, and safety, and the qualifications and experience of the bidders; F. Execute a contract with the Phase 2 Contractor for the construction of the Phase 2 Proj ect; the form of the contract will be subject to approval by the City, and the contract must include requirements that 1) the Phase 2 Contractor must maintain commercial general liability insurance coverage insuring all of the Parties with respect to all of its operations and those of its subcontractors under the contract, 2) all persons engaged in work under the contract must be covered by workers' compensation insurance, and 3) the Phase 2 Contractor will indemnify and hold the Phase 2 Parties harmless for damages or injuries related to the construction of the Phase 2 Project; G. Ensure that the Phase 2 Contractor constructs the Phase 2 Project in a good and workmanlike manner; H. Obtain a performance bond and a payment bond in the full amount of the construction contract from the Phase 2 Contractor, naming the Phase 2 Project Manager and the City as obligees; I. Submit invoices from the Phase 2 Engineer and the Phase 2 Contractor to the City for approval, on forms approved by the City; submit approved invoices to the Parties; and submit requests for payment to the Parties for their respective shares of payments due to the Phase 2 Engineer and the Phase 2 Contractor in accordance with Paragraph 2.6 below; J. Make payments to the Phase 2 Engineer and the Phase 2 Contractor as the payments become due, subject to payment by the Parties of their respective shares of such payments under Paragraph 2.6 below; K. Submit change orders to the City for review and approval; and Ensure that the Phase 2 Contractor completes the construction of the Phase 2 Project no later than July 31,2004. 2.5. City Inspections and Acceptance of Phase 2 Project. The City agrees, at no cost to the other Parties, to perform the following with respect to the Phase 2 Project: A. Inspect the construction ofthe Phase 2 Project as construction progresses; B. Inspect the Phase 2 Project upon completion of construction; and C. Issue a certificate of acceptance of the Phase 2 Project to the Phase 2 Proj ect Manager and Phase 2 Contractor when 1) all required inspections are passed, 2) the Phase 2 Project Manager submits a one-year warranty against defects in materials and workmanship in the Phase 2 Project, executed by the Phase 2 Contractor, and 3) the Phase 2 Engineer submits complete as- built drawings for the Phase 2 Project to the City. 2.6. Escrow of Funds for Phase 2 Project; Cost Sharing. A. Bennett and Blanco each agrees to pay the following sums to the Phase 2 Project Manager, for the sole purpose of covering its financial obligations for the Phase 2 Project under this Agreement: 1. 25% ofthe estimated Phase 2 Project costs attributable to Bennett or Blanco, as applicable, as described in the attached Exhibit C-2, no later than October 10,2003; provided, that if either Bennett or Blanco does not make this payment by this date, it shall be deemed to have withdrawn as a Phase 2 Party under this Agreement, as the sole and exclusive remedy for such non-payment, and shall have no further rights or Reserved Capacity with respect to the Phase 2 Project under this Agreement. If either Bennett or Blanco so withdraws, the City will assume the withdrawing party's share of the Phase 2 Project costs (subject to Paragraph 2.8.B), and this 8