O-1998-2262 - Laserfiche WebLink

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. e CCCIT~W ARTICLE I The location of the Project is generally identified by the attached Exhibit "A." The Project is more specifically defined by drawings prepared by Landev Engineers, Inc. and extends from the west line of the Union Pacific Railroad (approximate station 78+00) to the north right-of-way line of North "P" Street (approximate station 11 +00). ARTICLE II The District shall coordinate preparation of the metes and bounds descriptions and tract maps depicting the right-of-way acquisitions, and construction plans and specifications. The District shall also administer bidding, construction, inspection, materials testing and surveying for the Project at the District's sole expense. The District intends to bid and award construction of the Project in the manner utilized by the District for similar projects, and to award the contract in accordance with applicable competitive bidding laws. The District also is responsible for all pipeline relocations. ARTICLE III The City agrees to acquire at its expense the tracts identified on the attached Exhibit "A" or suitable alternatives. The City further agrees to grant drainage easements to the District in a form approved by both parties. The City may request that the District obtain a portion of the Project right-of-way for the City, if the City notifies the District at least nine months before the start of construction. If the District agrees to obtain the right-of-way for the City, the City shall pay the District for all right- of-way costs within 30 days of receiving a cost statement from the District. The District recognizes that the City would like to retain the rights to utilize the right-of-way for other purposes such as, but not limited to, landscaping, pedestrian/equestrian trails, hike and bike trails, and utility installations, which rights shall be subordinate to the District's right to use the right-of-way for drainage and flood control purposes. The City also agrees to relocate any City-owned utilities affected by the Project, at the City's sole expense. ARTICLE IV After the City has acquired the necessary right-of-way and after the City has conveyed drainage easements to the District, the District shall pursue the bidding and construction phase of the Project. The District agrees to utilize its best efforts to complete the Project within six months after the date the easements are delivered to the District. The District shall notify the City in writing of the bid price of the Project within thirty (30) days after verifying and accepting a legal bid for the Project. ARTICLE V Either party may rescind this Agreement by giving thirty (30) days written notice to either party, as provided for in Article X of the Agreement, if an acceptable bidder does not respond to the advertisement, fails to execute the construction contract, or fails to provide the bonds required by law. ARTICLE VI The District shall have the right to make any changes in the plans and specifications it may deem necessary or desirable during the construction of the Project in consultation with the City. However, neither party shall be obligated to expend any funds in excess of those herein specifically allocated for the Project as a result of any change in said plans or specifications, except as provided in Article VIII. -2-