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AgdaPkt 2011-01-24
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AgdaPkt 2011-01-24
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Last modified
7/13/2012 12:57:48 PM
Creation date
1/20/2011 5:18:54 PM
Metadata
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Regular
Agency Type
City Council and Redevelopment Agency
Date
1/24/2011
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6.2A <br /> Page 18 <br /> EXHIBIT C , <br /> AMERICAN RECOVERY & R�INVESTMENT ACT (ARRA) aud I <br /> CLEAN WATER STATE REVOLVING FUND (CWSRF) <br /> CONTRACT PROVISIONS <br /> ARTICI.E I: DEFINITIONS I <br /> "Contractor" as used in Exhibits C, C-1, C-2, C-3, and C-4 is Redwood City. <br /> "Project" as used in Exhibits C, C-1, G2, C-3, and C-4 reFers to the fabrication and installation of trash capture <br /> devices under a Purchase Ordcr. <br /> "System" as used in Exhibits C, C-I, C-2, C-3, and C-4 means all nonpoint source control or estuary <br /> enhancement facilities (TCDs), together with all additians, betterments, extensions or improvemenls to such <br /> facilities, properties, structures, or works or any part thereof liereafter acquired and constructed. <br /> ARTICLE II: REPRESENTATIONS AND WARRANTIES <br /> 2.1 General Contractor Commitments. <br /> The Contractor accepts and agrees to comply with all terms, provisions, conditions, and commitments of tttis <br /> Agreement, including all incorporated documents, and to fulfil] al! assurances, declarations, re}�resentations, and <br /> commitments made by the Contractor in its application, accompanying documents, and communications filed in <br /> support of its request for financial assistance. <br /> 2.2 Completion of Project. <br /> The Contractor agrees to expeditiously proceed with and complete construction of the Project in substantial <br /> accordance with Exhibit A. <br /> 2.3 Project Certification. <br /> ABAG shall prepare a Project Certification that inclt�des information collected by the Contractor in accordance <br /> with the Bay Area-wide Trash Capture Demonstration Project monitoring and reporting plan, a detern�ination of <br /> the effectiveness of the Project in preventing or reducing pollution, and the resutts of the monitoring program. <br /> The Project Certification shall follow the general format provided by the Bay Area-wide Trash Capture <br /> Demonstration Project. <br /> Failure to submit a Project Certification, an a�m►ative certification, or a corrective action report that meets the <br /> above requirements and is satisfactory to the Division within l 5(fifteen) months of the Project Completion date <br /> will cause the State Water Board to stop processing any pending or future appfications for new financial <br /> assistance, withhold payments on any existing financial assistance, and be�in administrative proceeding,s <br /> pursuant to sections 13267 and 13268 of the Water Code. <br /> 2.4 [not applicAble] <br /> 2.5 Notice. The Contractor agrees to promptly notify the ABAG Contract Manager in writing of: <br /> (a) Litigation, circulation of a petition to challenge rates, consideration of bankruptcy, dissolution, or <br /> disincorporation, or any other thing that could negatively affect or jeopardize tlie Contractor's revenues used for <br /> operations, maintenance, and repairs of the Project during its useful life. <br /> (b) Any substandal change in scope of the Project. The Contractor agrees that no substantial change in the scope <br /> of the Project will be undertaken until written notice of the proposed change has been provided to ABAG and <br /> ABAG has given written approval for such change; <br /> (c) [not applicableJ <br /> (d} [not applicable� <br /> 14 <br />
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