Agmt03 City of Belmont - Laserfiche WebLink

Browse Search

Redwood City incurs in connection with any claims process, including arbitration, as provided in Article 17 of Section I. 22. The total funding as specified in Article (15) of Section I and Articles (5) and (6) of Section II does not include costs of claims related to the construction contract allowed, the costs of defense of those claims, and the costs of any unforeseen encounters of the type described in Articles (10), (11), (12) through (20) of this Section III. Additional costs and responsibilities for any required actions that exceed the budgeted costs of the Project shall be covered by amendment to this Agreement. The State Cooperative Agreement provides that State may stop work on Project until additional funding is secured and/or restore the site of Project to a condition of safe operation using any then unexpended funds for Project if those additional funds are not made available for Project. 23. After Redwood City awards the contract for construction of the Project, Redwood City will identify a project contingency fund based upon the difference between the actual contract price and the final engineer's estimate for construction of the Project (the "Contingency Fund"). Redwood City will notify Belmont in writing of the amount of the Contingency Fund, and Belmont shall have five calendar days from receipt of Redwood City's notice to raise any objections or questions it may have regarding the amount of the Contingency Fund. Based upon a good faith estimate of the allocation of Project costs between Redwood City and Belmont, the City Managers shall agree on an initial allocation of the Contingency Fund in writing. 24. A. When change orders, claims or other actual or potential adjustments to the cost of constructing the Project arise, including but not limited to construction, engineering or testing costs (other than changes requested by Redwood City or Belmont) the Resident Engineer will make a preliminary determination of entitlement. If the Resident Engineer concludes that some additional payment may be justified, the Resident Engineer will identify the change as the primary responsibility of Belmont or of Redwood City. Without limiting Belmont's responsibility for other changes to the Project, additional costs arising from or related to the Island Parkway Direct Access, as shown as "IP' line on Project Key Map sheet K-2 and all other related plan sheets, and improvements on Ralston Avenue from Granada Street to Hiller Avenue, as shown on project Construction Plan sheet C-SA and all other related plan sheets, will be the responsibility of Belmont. B. Until that party's share of the Contingency Fund is expended, the party primarily responsible may apply its share of the Contingency Fund to pay for some or all of the added costs, however, nothing in this Article 24 of Section III limits the parties' funding obligations described elsewhere in this Agreement. C. If a party disputes the Resident Engineer's determination of responsibility for the charges, Redwood City and Belmont staff will meet and confer regarding F:Atty/Agr/Agr.149 080503 L.BECK 12