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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 /> 3 <br />