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Res 2002-216
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Res 2002-216
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7/3/2006 10:02:11 AM
Creation date
7/3/2006 10:01:43 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2002-216
Date
12/2/2002
Volume Book
150
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<br />C. Procure and maintain commercial general liability insurance coverage for all construction <br />operations under the contract; <br />D. Solicit bids from qualifIed contractors; <br />E. Obtain the City's approval of the bidder to which the award is made; <br />F. A ward a contract to the bidder whose bid represents the best value to the Parties, based on cost, <br />durability, and safety, and the qualifications and experience of the bidders; <br />G. Execute a contract with the Contractor for the construction of the Project; the form of the <br />contract will be subject to approval by the City, and the contract must include requirements that <br />1) the Contractor must maintain commercial general liability insurance coverage for all of its <br />operations and those of its subcontractors under the contract, 2) all persons engaged in work <br />under the contract must be covered by workers' compensation insurance, m1d 3) the Contractor <br />will indemnify and hold the Parties harmless for damages or injuries related to the construction <br />of the Project; <br />l-I. Ensure that the Contractor constructs the Project in a good and workmanlike manner; <br />I. Obtain a performance bond and a payment bond in the full amount of the construction contract <br />from the Contractor, naming the Project Manager and the City as obligees; <br />J. Submit invoices from the Engineer and the Contractor to the City for approval, on forms <br />approved by the City, and submit approved invoices to the Parties for their respective shares of <br />payments due to the Engineer and the Contractor in accordance with Paragraph 7 below; <br />K. Make payments to the Engineer and the Contractor as the payments become due, subject to <br />payment by the Parties of their respective shares of such payments under Paragraph 7 below; <br />L. Submit change orders to the City for review and approval; and <br />M. Ensure that the Contractor completes the construction of the Project no later than March 30, <br />2004. <br /> <br />5. Connection Fee. The City may establish and collect an assessment or fee, separate from a <br />wastewater impact fee, for connections to the Facilities, to recover oversizing and related costs. The <br />City agrees not to charge this assessment or fee to a Party to the extent that the Party is requesting <br />wastewater service within the Party's Reserved Capacity under Paragraph 8 below. <br /> <br />6. City Inspections and Acceptance. The City agrees, at no cost to the other Parties, to: <br />A. Inspect the construction of the Project as construction progresses; <br />B. Inspect the Project upon completion of construction; and <br />C. Issue a certificate of acceptance of the Project to the Project Manager and Contractor when 1) <br />all required inspections are passed, 2) the Project Manager submits a one-year warranty against <br />defects in materials and workmanship in the Project, executed by the Contractor, and 3) the <br />Engineer submits complete as-built drawings for the Project to the City. <br /> <br />7. Escrow of Funds; Cost Sharing. <br />A. Each of the Parties, other thm1 the City, agree to pay the following sums to the Project Manager, <br />for the sole purpose of covering the financial obligations of the Parties under this Agreement: <br />1. 25% of the estimated Project costs attributable to the Party as described in the attached <br />Exhibit C, no later than January 15, 2003; provided, that any party that does not make this <br />payment by this date shall be deemed to have withdrawn from this Agreement; and if any party <br />so withdraws, the Engineer will calculate an adjustment to the cost sharing percentages in the <br />attached Exhibit C to ref1ect the Party's withdrawal with respect to the Project costs, and the <br /> <br />3 <br />
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