Laserfiche WebLink
1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />COOPERATIVE AGREEMENT NO. C -5 -3583 <br />ARTICLE 1. DEFINITIONS <br />"Betterment" means any work or items that are requested by the CITY or a third party that go <br />beyond what is needed for the basic functioning of the Project. Betterments must i) not be prohibited <br />by a governing state or federal standard ii) not adversely impact the operation of the Project and iii) <br />not unreasonably delay or interfere with the Project schedule. Notwithstanding the foregoing, none of <br />the following shall be considered Betterments: <br />(a) A change in scope to which the Parties mutually agree, is necessary for the construction, <br />operation or maintenance of the Project; <br />(b) A requirement of applicable law; <br />(c) A requirement of applicable city standards in effect as of the Effective Date of the <br />Agreement; <br />(d) Any measures to mitigate environmental or other impacts of the Project arising from the <br />construction or operation or maintenance of the Project, including measures identified in <br />- -- the -- Project's - EIR- or. any - required - supplemental _ or addenda environmental. report_ once <br />cleared. <br />"CEQA" means California Environmental Quality Act. <br />"Construction Agreement" means the cooperative agreement between the Parties established <br />to define the roles responsibilities and expectations during the construction, start up and testing of the <br />Project. <br />"Construction Contractor" means the firms(s) procured by the AUTHORITY to construct the <br />Project or portions of the Project. <br />"Day" or "Days" means calendar days and not business days, unless a different meaning <br />clearly appears from the context. <br />"Design Consultant" means the firm(s) procured by the AUTHORITY to perform preliminary <br />and /or final design services to produce the Plans and Specifications. <br />"Effective Date" means the date this Agreement is executed by the Parties. <br />Page 3 of 13 <br />L: \Camm\ CLERICAL \WORDPROCIAGREEWG53583_26 ,w7.04.27.docx <br />