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4.5 CEQA. For the purpose of complying with the California Environmental <br />Quality Act ("CEQA"), City will serve as lead agency for a CEQA project, OCWD shall serve as <br />a Responsible Agency. City is responsible for costs associated with CEQA studies, document <br />preparation, compliance, and related activities. <br />4.6 Proiect Schedule. OCWD shall make all reasonable efforts to design and <br />construct the Treatment System for Well 938 within 18 months of Effective Date. This time frame <br />is dependent upon the type of Treatment System city requires and assumes receiving timely <br />comments and direction from City as necessary during the preparation of the design drawings and <br />during the construction of the Treatment System. OCWD will not incur any cost or penalties for <br />exceeding this time frame. <br />4.7 Property Acquisition, Entitlements. <br />A. Land and Rights of Way. City shall secure at its expense any land <br />and/or right of way necessary to construct the Treatment System. <br />B. Entitlements. City shall obtain at its expense all land use <br />entitlements necessary to construct the Treatment System. <br />C. Property Rights. City shall provide OCWD with temporary property <br />rights over any site necessary for construction, staging, and laydown for the Treatment System <br />project. These temporary property rights shall be in the form of a license or temporary construction <br />easement, or other property right sufficient to provide for OCWD's control of the site during <br />construction. <br />D. Advertising and Award of Construction Contracts. OCWD shall <br />advertise, where required by the OCWD Act, and award a construction contract for construction <br />of the Treatment System. City shall approve of the selected contractor and support and assist <br />OCWD in these efforts, and shall expeditiously provide any documents necessary for construction. <br />E. Administration and Inspection. OCWD will administer the <br />necessary contracts to construct the Treatment System, including reviewing and responding to <br />contractor requests for information or requests for clarification, reviewing and approving shop <br />drawings, and filing a Notice of Completion. OCWD shall provide all construction and inspection <br />for the Treatment System. <br />F. Transfer of Treatment System. Upon filing the Notice of <br />Completion for the Treatment System, OCWD shall transfer the constructed and operating <br />Treatment System to the City with an appropriate legal instrument and a quitclaim of any property <br />rights previously obtained. OCWD shall provide the City with copies of all applicable O&M <br />manuals and record drawings for the Treatment System in OCWD's possession. Upon the City's <br />receipt of the legal instrument and quitclaim of property rights, City shall be solely responsible for <br />ensuring the proper operation, maintenance and repair of the Treatment System. The City may <br />arrange for extended warranties on any component of the Treatment System, which additional cost <br />may be paid for by the City, and which extended warranty will be transferred to the City together <br />with the transfer documents. <br />2629/02249MOV <br />14979764.1 g0VUM -4- <br />