Res 1989-121 - Laserfiche WebLink

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6. Upon completion and the Statels acceptance of the Project, the maintenance and operations responsibilities of the constructed drainage facilities will be assumed by the State. 7. A. Upon execution of this agreement, the City sha 11 present a check or warrant made payable to the State Department of Highways and Public Transportation, an amount equal to $2,500.00, which is estimated to be the cost that wi 11 be incurred by the State for reviewing the project's plans and specifications and performing the required inspections detailed in paragraph 4 hereabove. B. In the event the amount spéci fi ed hereabove is i nsuffi ci ent to cover the Statels costs for reviewing the plans and specifications and performing the required inspect ion, the City will within ten (10) days from the state's written notification provide funding to cover the statels additional costs. C. Upon the Statels final acceptance of the Project, the State wi 11 prepare a final audit of its costs associated with review of the plans and specifications and performing the required inspections. Upon completion of the final audit, any remaining funds due the City wi 11 be promptly returned. 8. This agreement may be terminated by any of the following conditions: (a) By mutual agreement and consent of both parties. ( D) By the State by notice in writing to the City as consequence of fail ure by the Ci ty to perform the services herein set forth in a satisfactory manner and within the limits provided. (c) By satisfactory completion of all services and obligations described herein. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and City under this agreement. If the termi nat i on of thi s agreement is due to the failure of the City to fulfill its contractual obligations, the state wi 11 notify the City that possible breach of contract has occurred. Within thirty (30) days from the State's written notification, the City must remedy the breach as outlined by the state. In the event the City does not remedy the breach, the State may takeover the Project and prosecute the work to comp 1 et i on or restore the facility to its original condition. In such case, the Ci ty sha 11 be liable to the State for any costs occassioned by the State. 9. The Ci ty, its contractors and agents sh all assume the efltire financial responsibility for the design and construction of the proposed additional drainage facilities, including any and all liability for injury to or death of any persons, and for any damage to or loss of property caused by or in any manner connected with the construction of these facil it ies. Additionally, to the extent permitted by existing 1 aw, the City sha 11 Page 3 of 5 11/89