Res 2005-073 - Laserfiche WebLink

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I I I ~ design and other engineering services associated with the City Project. GBRA shall be solely responsible for the design of the GBRA Project and solely responsible for the payment of all costs and expenses associated with the design and other engineering services associated with the GBRA Project. The City and GBRA have agreed to retain the services of the same engineering firm, Carter & Burgess, Inc. (the "Engineer"), to design both the City Project and the GBRA Project. It is agreed between the City and GBRA that the Engmeer shall be required to maintain separate records, and submit separate billings to the City and GBRA, pertaining to any servIces provided by the Engineer associated respectively with the design and construction of the City Project and the design and construction of the GBRA Project. 3. Biddin2 and Award of Projects. The City and GBRA agree that the City Project and the GBRA Project shall be bid together, with the City Project being the subject of the primary bid to be submitted by each bidder, and the GBRA Project to be the subject of an alternate bid to be submitted by each bidder. Subject to the terms of this Agreement and applicable law, the City and GBRA shall agree upon the process to be followed in soliciting bids and awarding the contract for the City Project and the GBRA Project. The City will award a contract (the "Construction Contract") for the construction of the City Project and, with GBRA approval, the GBRA Project. The City shall have the sole discretion in deciding which bid, if any, will be accepted for the City Project. GBRA, in its sole discretion, will accept or reject the alternate bid for the GBRA Project submitted by the contractor selected by the City (the "Contractor"). If GBRA rejects the alternate bid for the GBRA Project submitted by the Contractor, the City will not award the alternate for the GBRA Project to the Contractor and the City and GBRA shall have no further obligations under this Agreement. If GBRA accepts the alternate bid submitted by the Contractor, GBRA will deliver to the City a written acceptance and a venfication by GBRA's General Manager of the avaIlability of funds in the full amount of the bid for the Alternate, and the City shall require the Contractor, under the Construction Contract, to construct the GBRA Project as a separate alternate to the City Project and to bIll the City for the work performed on the GBRA Project. 4. Preparation of Documents. The City and GBRA agree to cooperate in the preparation of the bid documents and the contract documents pertaining to the City Project and the GBRA Project. Both parties agree that the GBRA Project will be bid as an Alternate to the City Proj ect, and that the instructions to bidders shall notify each bidder that the actual cost associated with the construction of each project should be included with its bid. The City and GBRA agree that the bId documents, and the Construction Contract, will expressly provide A) for the separate responsibility of the City and GBRA for payments to the Contractor for work performed on the City Project and the GBRA Project, respectively, B) that the Contractor shall have no recourse against the City for work performed on the GBRA Project, and no recourse against GBRA for work performed on the City Project, C) that the Contractor will be required to submit requests for payment in a manner that distinguishes between the cost for work performed on the City Project and work performed on the GBRA Project, and D) that payments by the City to the Contractor for work performed on the GBRA Project will be pass-throughs of payments to the City by GBRA. The City agrees not to release the final bid documents to any prospective bidders without the express written consent of both the City and the GBRA, and such consent shall not be umeasonably withheld by either party. AGREEMENT PAGE 2