AgdaPkt 2008-10-27 Clsd and Reg - Laserfiche WebLink

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6.3A Page 12 reduce the State Grant funds according to the portion of the State Grant funds intended for the nonparticipating Water Entity(ies). In addition, in the event BACW A fails to secure an individualized Implementation Agreement with any of the Participating Water Entities, BACWA shall submit to DWR a revised State Agreement "Scope of Work" within four months of the failure to secure such an individualized Implementation Agreement Moreover, Project Sponsor acknowledges and accepts that, pursuant to Paragraph 1 0 of the State Agreement, BACW A is required to submit to DWR copies of all individualized Implementation Agreements with the Participating Water Entities within two months of the execution of such agreements. Project Sponsor agrees to cooperate with BACW A in any way necessary in order for BACW A to comply with Paragraph 10 ofthe State Agreement. 15. PROJECT PERFORMANCE AND ASSURANCES: Project Sponsor agrees to faithfully and expeditiously perform all Project work as described in the fmal plans and specifications under this Implementation Agreement and to implement, opemte and maintain Project in accordance with applicable provisions of the law. In the event BACW A finds it necessary to enforce this provision of this Implementation Agreement, Project Sponsor agrees to pay all costs incurred by BACW A including, but not limited to, reasonable attorneys' fees, legal expenses, and other associated costs. 16. INSPECTION OF PROJECT BY BACWA AND DWR: BACWA and DWR shall have the right to inspect the work being performed at any and all reasonable times, providing a minimum of a 24-hour notice, during the term of this Implementation Agreement. This right shall extend to work performed under any Project related contracts and subcontracts, and Project Sponsor shall include provisions ensuring such access in aU its contracts or subcontracts entered into for Project. 17. FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED CIVIL ENGINEER: Upon completion of Project and as may be determined by BACW A and/or DWR, Project Sponsor shall provide for a final inspection and certification by a California Registered Civil Engineer that Project has been completed in accordance with submitted final plans and specifications, and any modifications thereto, and in accordance with this Implementation Agreement. 18. OPERATION AND MAINTENANCE OF PROJECT: For the useful life of Project, and in consideration of Project Sponsor's share of the State Grant funds (i.e., the State Grant Amount), Project Sponsor agrees to expeditiously commence and to continue operation of Project and shall cause Project to be operated in an efficient and economical manner; shall provide for all repairs, renewals, and replacements necessary to the efficient opemtion of the same; and shall cause the same to be maintained in as good and efficient condition as upon its construction, ordinary and reasonable wear and depreciation excepted. Project Sponsor shall assume all operations and maintenance costs of Project facilities and structures; BACW A shall not be liable for any cost of such maintenance, management, or {00907092} 8