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Res 1989-094
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Res 1989-094
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Last modified
8/3/2007 10:03:23 AM
Creation date
8/3/2007 10:03:23 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
1989-94
Date
9/11/1989
Volume Book
95
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<br /> THE TEXAS TRAFFIC SAFETY PROGRAM <br /> G2. Inspection of Work <br /> The State and, when federal funds are involved, the U. S. Department of <br /> Transportation, and any authorized representative thereof, have the right at all <br /> reasonable times to inspect or otherwise evaluate the work performed or being <br /> performed hereunder and the premises in which it is being performed. <br /> If any inspection or eval uation is made on the premises of the Local Government or a <br /> subcontractor, the Local Government shall provide and require his subcontractor to <br /> provide all reasonable facilities and assistance for the safety and convenience of the <br /> inspectors in the performance of their duties. All inspections and evaluations shall <br /> be performed in such a manner as will not unduly delay the work. <br /> G3. Disputes and Remedies <br /> The Local Government shall be responsible for the settlement of all contractual and <br /> administrative issues arising out of procurements entered in support of contract <br /> work. <br /> Disputes concerning performance or payment shall be submitted to the State for <br /> settlement with the Engineer.Director acting as referee. <br /> This agreement shall not be considered as specifying the exclusive remedy for any <br /> dispute or violation or breach of contract terms, but all remedies existing at law and <br /> in equity may be availed of by either party and shall be cumulative. <br /> G4. Noncollusion <br /> The Local Government warrants that it has not employed or retained any company <br /> or .person, other than a bona fide employee working for it, to solicit or secure this <br /> contract, and that it has not paid or agreed to pay any company or person, other than <br /> a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any <br /> other consideration contingent upon or resulting from the award or making of this <br /> contract. If the Local Government breaches or violates this warranty, the State shall <br /> have the right to annul this contract without liability or, in its discretion, to deduct <br /> from the contract price or consideration, or otherwise recover the full amount of such <br /> fee, commission, brokerage fee, gift, or contingent fee. <br /> Page 5 of 13 <br />
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