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6.1.D. - Page 5 <br />B. The names, addresses and licenses of all contractors that DU intends to <br />hire for construction of the Bridge. <br />C. The mitigation monitoring and reporting program identified in the Project's <br />environmental document as needed to avoid significant environmental effects or reduce <br />them to a level of insignificance. <br />D. A schedule of completion for the Bridge. <br />5. COSTS AND DISBURSEMENTS <br />A. When the City determines that all "CONDITIONS PRECEDENT TO <br />CONSTRUCTION AND DISBURSEMENT" have been fully met, the City shall disburse <br />to DU a total amount not to exceed $300,000.00 as follows: <br />1. Upon receipt and review of the Project bid specifications and <br />Notice of Award, the City shall disburse thirty percent (30 %) of the funds to DU. <br />2. Within ninety days of Project Completion, DU shall supply the City <br />with evidence of completion by submitting a final report which includes: <br />a. An inspection report by a registered engineer certifying <br />completion of the Project according to the approved Project Bid <br />Specifications. <br />b. A recorded notice of completion for the Project. <br />C. "As built" drawings of the completed Project and <br />photographs documenting project completion. <br />3. Within thirty (30) days of DU's submission of the deliverables <br />listed in 5(A) (2), the City shall determine whether DU has satisfactorily <br />completed the Project. If so, the City shall issue to DU a letter of acceptance of <br />the Project, and shall disburse the remaining seventy percent (70 %) of the City <br />Funds to DU. <br />6. RELATIONSHIP OF PARTIES <br />It is expressly understood that this is an agreement between two (2) independent <br />parties and that no agency, employee, partnership, joint venture or other relationship is <br />established by this Agreement. <br />7. HOLD HARMLESS <br />For services and construction work provided under this Agreement, DU shall <br />indemnify, defend (with counsel reasonably acceptable to City) and hold harmless the <br />City, its Council, and its officers, boards, commissions, agents and employees <br />(collectively, "Indemnitees ") from all claims, suits or actions of every name, kind and <br />description, brought for, or on account of, injuries to or death of any person, or damage <br />to property of any kind whatsoever and to whomsoever belonging, resulting from the <br />ATTY /AGR /2011.009 /DUCKS UNLIMITED <br />032511 revised final version <br />