WESTMINSTER AVENUE SEWER PROJECT CONSTRUCTION & REIMBURSEMENT AGREEMENT

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1.3.City shall be responsible for ensuring that the Project Contractor constructs the Westminster Avenue Sewer Project in a timely manner. The estimated schedule of construction of the Westminster Avenue Sewer Project is attached hereto at Exhibit "D." 1.4. City shall be responsible for processing all contract change orders ("CCOs") that are necessary for the completion of the Westminster Avenue Sewer Project and shall obtain District's approval for those CCOs affecting District sewerage facilities and/or District's fair share proportion of the Actual Final Project Cost (as defined in Section 2.2) in accordance with this Section prior to instructing the Project Contractor to proceed in accordance with a CCO. District shall provide either concurrence with or comments on CCOs within five (5) business days of City's submittal of CCOs to District. Should District fail to provide either timely comments on or concurrence with any CCO submitted by City within five (5) business days of such submittal, such CCO shall be deemed approved by District. Delay costs resulting from District's review of change orders shall be charged to District. 1.4.1.District shall designate a project coordinator to facilitate District inspection and approvals. Said project coordinator shall have authority to approve change orders required I.S. City shall require and ensure that the Project Contractor warrants and guarantees all work related to the Westminster Avenue Sewer Project, and all parts thereof, including that performed and constructed by subcontractors, sub subcontractors, and others employed directly or indirectly on and for such work, against faulty or defective materials, equipment, or workmanship for a period of at least one year from the date of the City's written final acceptance of the work or such longer period of time as may be prescribed by law or by the terms of any special guarantee or warranty required by the Project Construction Contract. City shall and hereby does assign to District all contractor and manufacturer warranties and guarantees required by the Project Construction Contract or otherwise for those sewerage facilities and appurtenances which will belong to District. 1.6. District shall be entitled to inspect all portions of the Westminster Avenue Sewer Project within District's territorial jurisdiction, and City shall not approve a Notice of Completion for any sewerage facilities and related improvements that will be owned and maintained by District until such facilities and improvements are approved and accepted by District. Notwithstanding the foregoing, District's failure to approve and accept, or provide written notice to City of unaccepted work, within thirty (30) days of notice by City, shall constitute District's approval of the Project and a waiver of District's objections. 2. District's Reimbursement to Citv. 2.1. Following award of the Project Construction Contract, City and District shall meet and confer to determine the actual anticipated total cost of the Westminster Avenue Sewer 3 912756.1