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DRAFT 6-4-03 <br /> <br />approves the cost estimate, Bermet~ will direct the Post Road Facilities Engineer to design the Post Road <br />Facilities to incorporate the oversizing requested by the City. <br /> <br /> 2.3 Engineer's Services. Bennett will ensure that all construction work on the Post Road Facilities <br />is performed under the supervision and oversight of the Post Road Facilities Engineer, including the <br />following: <br /> A. The Post Road Facilities Engineer will coordinate the design and construction of the Post Road <br /> Facilities with the City. <br /> B. The Post Road Facilities Engineer will prepare plans and specifications for the Post Road <br /> Facilities in accordance with City design and construction standards and with applicable laws and <br /> regulations, and submit them to the City for review. The Post Road Facilities Engineer will assist <br /> Bennett in obtaining all necessary permits for the Post Road Facilities from authorities having <br /> jurisdiction over the work (including but not limited to the City and railroad companies). <br /> C. The Post Road Facilities Engineer will perform periodic inspections of work on the Post Road <br /> Facilities in progress at least monthly throughout the construction period, will coordinate the <br /> inspections with the City's Department of Environment and Engineering. <br /> D. The Post Road Facilities Engineer will conduct inspections to determine the dates of substantial <br /> completion and final completion for the Post Road Facilities, and make a written recommendation <br /> to the City regarding the acceptance of the Post Road Facilities. <br /> <br /> 2.4 Construction; Financing. A. Bennett will ensure that the construction of the Post Road Facilities <br /> is performed in accordance with the following: <br /> 1. Bennett will obtain the City's approval of the contractor to be used for the construction. <br />2. Bennett will obtain a performance bond and a payment bond in the full amount of the <br /> construction contract from the contractor, naming Bennett 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 work on the site must be <br /> covered by workers' compensation insurance. <br />4. Bennett will obtain all necessary licenses and permits for the Post Road Facilities from <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 Post Road Facilities in a good and worlcmanlike manner and <br /> in accordance with the plans and specifications for the facilities prepared by the Post Road <br /> Facilities Engineer. <br />6. The contractor must completes the construction of the Post Road Facilities no later than the date <br /> upon which the Phase I Adjusted Reserved Capacity for either Bennett or Blanco declines to <br /> zero, or July 31, 2007, whichever occurs first. <br /> <br />B. Bennett will be responsible for the costs of the Post Road Facilities, including engineering costs, <br />construction costs, easement costs, and administrative costs (subject to payment by the City of <br />oversizing costs under Paragraph 2.4.C, and subject to reimbursement by the City from impact fees <br />under Pm'agraph 2.8), and Bennett will not request or require the issuance of bonds or any other <br />form ofpublic indebtedness in finmucing the Post Road Facilities. <br /> <br />C. If the City requests oversizing of the Post Road Facilities under Paragraph 2.2, the City will pay <br />to Bennett the increase in the cost of the facilities associated with the oversizing, consisting of the <br /> <br /> <br />