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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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� <br /> 6.2A <br /> Page 19 <br /> (e) Discovery of any potential archeological or historical resource. Should a potential archeological or historical <br /> resource be discovered during construction of the Project, the Contractor agrees tl�at a]] work in the area of the <br /> find will cease until a qualified archeologist has evaluated the situation and made recommendations regarding <br /> preservation of the resource, and the State Water Resources Control Board, Division of Financial Assistance <br /> (Division) has determined what actions should be taken to protect and preserve the resource. The Contractor <br /> agrees to implement appropriate actions as directed by the Division; <br /> (fl Discovery of any unexpected endangered or threatened species, as defined in the federal Endangered Species <br /> Act. Should a federally protected species be unespectedly encountered during construction of the Project, the <br /> Contractor agrees to promptly notify the ABAG Contract Manager. This notification is in addition to the ' <br /> Contractor's obligations under the federal Endangered Species Act; <br /> (g) Any monitoring, demonstration, or other implementation activities such that the State Water Resources <br /> Control Board (State Water Board) and/or Regional Water Quality Control Board (Regional Water Board) staff <br /> may observe and document such activities; <br /> (h) Any puhlic or media event publicizing the accomplishments a�id/or results of lhis Agreement and provide <br /> the opportunity for attendance and participation by state and federal representatives with at least ten (]0) <br /> working days notice; and, <br /> (i) Completion af Construction of the Project, and actual Project Completion, <br /> 2.6 Project Access. <br /> The Contractor agrees to insure that ABAG, tlie State Water Board, the Governor of the State, the Uitited States <br /> Environmental Proteetion Agency (USEPA}, the Office of lnspector General, any member of Congress, d�e <br /> President of the United States, or any authorized representative of the foregoing, will have suitable access to the <br /> Project site at all reasonable times during Project construction and thereafter for the life oftlte Project. Tl�e <br /> Contractor acknowledges that the Project records and locations are public records. <br /> 2.7 Project Completion; Initiation of Operafions. <br /> Upon Completion of Construction of the Project, the Contractor agrees to expeditiously initiate Project <br /> operations. The Contractor agrees to msilce all reasonable efforts to meet the Project Completion date established <br /> in Exhibit A. Such date shall be binding upon the Contractor unless modified in writing by �BAG upon a <br /> showing of good cause by the Contractor. The Contractor shall deliver any request for extension of the Project <br /> Completion date no less than nineky (9U) days prior to the Project Completion date. ABAG will not <br /> unreasonably deny such a timely request, but the Division will deny requests received after tliis tirne. <br /> 2.8 Continuous Use of Project; Lease or Disposal of Project, <br /> The Contractor agrees that, e�:cept as provided in the Agreement, it will not abandon, substantially discontinue <br /> use of, lease, or dispose of the Project or any signiftcant part or portion thereof during the usefu] life of the <br /> Project without prior written approval of the ABAG and the Division. Such approval may be conditioned as <br /> determined to be appropriate by the Division, including a condition requiring repayment of all Project Funds <br /> together with accrued interest futd any penalty assessments which may be due. <br /> 2.9 Reporis. <br /> (a) [not applicable] <br /> (b) As Needed Reports. The Contractor agrees to expeditiously provide, during the term of this Agreement, <br /> such reports, data, and information as may be reasonably reyuired by ABAG or the Division, including but not <br /> limited to material necessary or appropriate for evaluation of the CWSRI' Program or to fulfill any reportin� <br /> requirements of the federal government. <br /> 2.10 [not applicab[e] <br /> 2.1 I [not applicableJ <br /> 15 <br />
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