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<br />AGREEMENT C-6-D069 <br /> <br />I <br /> <br /> <br />2 <br /> <br /> <br />3 <br /> <br /> <br />4 <br /> <br /> <br />5 <br /> <br /> <br />6 <br /> <br /> <br />7 <br /> <br /> <br />8 <br /> <br /> <br />9 <br /> <br /> <br />10 <br /> <br /> <br />II <br /> <br /> <br />12 <br /> <br /> <br />13 <br /> <br /> <br />14 <br /> <br /> <br />IS <br /> <br /> <br />16 <br /> <br /> <br />17 <br /> <br /> <br />18 <br /> <br /> <br />19 <br /> <br /> <br />20 <br /> <br /> <br />21 <br /> <br /> <br />22 <br /> <br /> <br />23 <br /> <br /> <br />24 <br /> <br /> <br />25 <br /> <br /> <br />26 <br /> <br />the Effective Date. <br />"CITY Rights-of-Way" means the real property required by CITY to construct, operate, and <br />maintain the facilities that comprise the Project. <br />"Contractor" shall mean the Contractor or Contractors, Consultant or Consultants, vendor or <br />vendors, and supplier or suppliers awarded a contract by CITY to construct the PROJECT or a portion <br />of the PROJECT pursuant to the Invitation for Bids. <br />"Construction" means the work of removal, demolition, replacement, alteration, realignment, <br />rearrangement, building, fabricating, landscaping, startup, system acceptance, and commissioning of all <br />CITY Facilities to be built and systems and equipment to be procured and installed that are necessary <br />or desirable to operate and maintain the Project. The term "construction" also includes operations and <br />maintenance of the Project prior to and during construction of the Project. <br />"Cost" means all allowable direct and indirect charges as described within this Agreement. <br />"Committed Funding Amount," means the funding reserved to contribute towards the work to be <br />completed for Phase I and Phase" of the Project. <br />"Current Facility" means a CITY Facility, or a Public Utility Facility in existence on the Effective <br /> <br />Date. <br /> <br />"Day" means a calendar day. <br />"Design" means the engineering, architectural, and other design work and the resulting maps, <br />plans, specifications, special provisions, drawings, computer software, and estimates, which are <br />needed to construct the Project, including Replacements and any other related improvements as, <br />described therein. The term "Design" includes the PE, the Final Design of the Project. <br />"Design Professional" means licensed professionals, or firms employing such licensed <br />professionals, or teams of licensed professionals or firms, engaged by CITY as independent <br />consultants for the design of all or a portion of the Project, including the preparation of all plans, <br />specifications, drawings, and all documents necessary for CITY to request bids for the award of a <br />contract or contracts for construction of the Project. <br /> <br />Page 17 of 26 <br />