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FULL PACKET_2013-06-17
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FULL PACKET_2013-06-17
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4/6/2017 4:24:04 PM
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6/17/2013 1:06:19 PM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Date
6/17/2013
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1.3. City shall be responsible for ensuring that the Project Contractor constructs the <br />Westminster Avenue Sewer Project in a timely manner, The estimated schedule of <br />construction of the Westminster Avenue Sewer Project is attached hereto at Exhibit "D." <br />1.4.City shall be responsible for processing all contract change orders ( "CCOs ") that are <br />necessary for the completion of the Westminster Avenue Sewer Project and shall obtain <br />District's approval for those CCOs affecting District sewerage facilities and /or District's <br />fair share proportion of the Actual Final Project Cost (as defined in Section 2.2) in <br />accordance with this Section prior to instructing the Project Contractor to proceed in <br />accordance with a CCO. District shall provide either concurrence with or comments on <br />CCOs within five (5) business days of City's submittal of CCOs to District. Should <br />District fail to provide either timely comments on or concurrence with any CCO <br />submitted by City within five (5) business days of such submittal, such CCO shall be <br />deemed approved by District. Delay costs resulting from District's review of change <br />orders shall be charged to District. <br />1.4.I.District shall designate a project coordinator to facilitate District inspection and <br />approvals. Said project coordinator shall have authority to approve change orders <br />required <br />I.S. City shall require and ensure that the Project Contractor warrants and guarantees all work <br />related to the Westminster Avenue Sewer Project, and all parts thereof, including that <br />performed and constructed by subcontractors, sub subcontractors, and others employed <br />directly or indirectly on and for such work, against faulty or defective materials, <br />equipment, or workmanship for a period of at least one year from the date of the City's <br />written final acceptance of the work or such longer period of time as may be prescribed <br />by law or by the terms of any special guarantee or warranty required by the Project <br />Construction Contract. City shall and hereby does assign to District all contractor and <br />manufacturer warranties and guarantees required by the Project Construction Contract or <br />otherwise for those sewerage facilities and appurtenances which will belong to District. <br />1.6. District shall be entitled to inspect all portions of the Westminster Avenue Sewer Project <br />within District's territorial jurisdiction, and City shall not approve a Notice of <br />Completion for any sewerage facilities and related improvements that will be owned and <br />maintained by District until such facilities and improvements are approved and accepted <br />by District. Notwithstanding the foregoing, District's failure to approve and accept, or <br />provide written notice to City of unaccepted work, within thirty (30) days of notice by <br />City, shall constitute District's approval of the Project and a waiver of District's <br />objections. <br />2. District's Reimbursement to Citv. <br />2.1. Following award of the Project Construction Contract, City and District shall meet and <br />confer to determine the actual anticipated total cost of the Westminster Avenue Sewer <br />I 912756.1 <br />T' � J <br />
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