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AgdaPkt 2003-06-23
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AgdaPkt 2003-06-23
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Last modified
6/2/2011 2:45:19 PM
Creation date
6/19/2003 1:23:43 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Agency Type
City Council
Date
6/23/2003
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T I C! 10 District Agreement No. 4- 1964 -C <br />performance surety bonds covering construction of PROJECT. The permits will be issued <br />according to Articles 7 and 8 of Section II of this Agreement. <br />CITY shall provide a right of way certification to STATE to certif. that legal and physical <br />control of rights of way were acquired in accordance with applicable State and Federal laws <br />and regulations. <br />8. CITY shall not award a contract to construct PROJECT until after an encroachment permit <br />has been issued to CITY by STATE, nor shall CITY award a contract to construct PROJECT <br />until after receipt of STATE's deposit required in Section II, Article 1 of this Agreement. <br />CITY's construction contractor and consultants shall maintain in force, until completion <br />and acceptance of the PROJECT construction contract, a policy of Contractual Liability <br />Insurance, including coverage of Bodily Injury Liability and Property Damage Liability in <br />accordance with Section 7 -1.12 of State Standard Specifications. Such policy shall <br />contain an additional insured endorsement naming STATE, its officers, agents and <br />employees as additional insured. Coverage shall be evidenced by a Certificate of Insurance <br />in a form satisfactory to STATE which shall be delivered to STATE before the issuance of <br />an encroachment permit to CITY's contractor and consultants. <br />10. After opening of bids for construction of PROJECT, STATE's estimate of cost will be revised <br />based on actual bid prices. STATE's required deposit under Section II, Article 1 of this <br />Agreement will be increased or decreased to match said revised estimate. If deposit <br />increase or decrease is less than $1,000, no refund or demand for additional deposit will <br />be made until final accounting. <br />11. After opening bids for construction of PROJECT, and if bids indicate a cost overrun of no <br />more than twenty percent (20 %) of the estimate will occur, CITY may award the contract. <br />12. If, upon opening of bids for PROJECT, it is found that a cost overrun exceeding twenty <br />percent (20 %) of the estimate will occur, CITY and STATE shall endeavor to agree upon an <br />alternative course of action. If, after thirty (30) days, an alternative course of action is not <br />agreed upon, this Agreement shall be deemed to be terminated by mutual consent. <br />13. In the construction of said work, CITY will furnish a representative to perform the <br />functions of a Resident Engineer, and STATE may, at no cost to CITY, furnish a <br />representative, if it so desires, to ensure conformance of work to STATE's standards. Said <br />representatives of CITY and STATE will cooperate and consult, and all work pursuant to <br />PROJECT shall be accomplished according to approved plans, specifications and <br />applicable STATE standards. Satisfaction of these requirements shall be verified by the <br />STATE representative. The STATE representative is authorized to enter CITY's property <br />during construction for the purpose of monitoring and coordinating construction activities. <br />14. Changes to PROJECT plans and specifications shall be implemented by contract change <br />orders reviewed and concurred with by the STATE representative. All changes affecting <br />public safety or public convenience, all design and specification changes, and all major <br />changes as defined in STATE's Construction Manual shall be approved by STATE in <br />advance of performing the work. Unless otherwise directed by the STATE representative, <br />changes authorized as provided herein will not require an encroachment permit rider. All <br />changes shall be shown on the As -Built plans referred to in Section I, Article 38 of this <br />Agreement. <br />
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