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DRAFT 6-4-03 <br /> <br /> 1.2 Engineer's Services. Bennett and Blanco will ensure that all construction work on the IH-35 <br />Facilities is performed under the supervision and oversight of the IH-35 Facilities Engineer, including <br />the following: <br /> A. The IH-35 Facilities Engineer will coordinate the design and construction of the IH-35 Facilities <br /> with the City. <br /> B~ The IH-35 Facilities Engineer will prepare plans and specifications for the IH-35 Facilities in <br /> accordance with City design and construction standards and with applicable laws and <br /> regulations, and submit them to the City for review and approval. The IH-35 Facilities Engineer <br /> will assist Bennett and Blanco in obtaining all necessary permits for the IH-35 Facilities from <br /> authorities having jurisdiction over the work (including but not limited to the City and the <br /> railroad company). <br /> C~ The IH-35 Facilities Engineer will perfon-n periodic inspections of work on the IH-35 Facilities <br /> in progress at least monthly throughout the construction period, will coordinate the inspections <br /> with the City's Department of Environment and Engineering. <br /> D. The IH-35 Facilities Engineer will conduct inspections to determine the dates o£ substantial <br /> completion and final completion for the IH-35 Facilities, and make a written recommendation <br /> to the City regarding the acceptance of the IH-35 Facilities. <br /> <br />1.3 Construction; Financing. A. Bennett and Blanco will ensure that the construction of the IH-35 <br />Facilities is performed in accordance with the following: <br />I. Bennett and Blanco will obtain the City's approval of the contractor to be used for the <br /> construction. <br />2. Bennett and Blanco will obtain a performance bond and a payment bond in the full amount of <br /> the construction contract from the contractor, naming Bennett, Blanco and the City as obligees. <br />3. The contractor must maintain commercial general liability insurance coverage for all of its <br /> operations and those of its subcontractors, and all persons engaged in xvork on the site must be <br /> covered by workers' compensation insurance. <br />4. Bennett and Blanco will obtain all necessary licenses and permits for the Project fi'om <br /> authorities having jurisdiction over the work (including but not limited to the City and railroad <br /> companies), and pay all fees related to such permits. <br />5. The contractor must construct the IH-35 Facilities in a good and workmanlike manner and in <br /> accordance with the plans and specifications for the facilities prepared by the IH-35 Facilities <br /> Engineer. <br />6. The contractor must complete the construction of the IH-35 Facilities no later than March 31, <br /> 2004. <br /> <br />B. Bennett and Blanco will be responsible for the costs of the IH-35 Facilities, including financing <br />costs, engineering costs, construction costs, easement costs, and administrative costs, and Bennett <br />and Blanco will not request or require the issuance of bnnds or any other form of public <br />indebtedness in financing the IH-35 Facilities. <br /> <br /> 1.4 City Inspections and Acceptance. The City agrees, at no cost to the other Parties, to: <br />A. Inspect the construction of the 1H-35 Facilities as construction progresses; <br />B. Inspect the IH-35 Facilities upon completion of construction; and <br />C. Issue a certificate of acceptance of the IH-35 Facilities to Bennett and Blanco when 1) all <br /> required inspections are passed, 2) Bennett and Blanco submit a one-year warranty against <br /> <br /> <br />