Agmt03 City of Belmont - Laserfiche WebLink

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responsibility for the change. If staff is unable to reach agreement on allocation of responsibility within 15 calendar days after receipt of the Resident Engineer's notice, the City Managers shall meet and confer on this issue. If the City Managers are unable to reach agreement within 30 calendar days after receiving notice from staff that there is an issue to resolve, the parties may refer the matter to mediation. When the Project is substantially complete, the parties may agree to share the remaining Contingency Funds as a joint resource for completion of the Project and satisfaction of any remaining Project obligations. A dispute over financial responsibility for a particular change will not delay issuance of instructions to the contractor or other vendor regarding the change. 25. Execution of this Agreement by Belmont grants to Redwood City the right to enter upon lands owned by Belmont to facilitate construction of the Project. 26. Upon completion and acceptance of the Project construction contract by Redwood City to the satisfaction of the State representative and subsequent to execution of a maintenance agreement, State will, in accordance with the State Cooperative Agreement, accept control and maintain, at is own cost and expense, those portions of Project lying within State's right of way, except local roads delegated to Redwood City or Belmont for acceptance. 27. Redwood City and Belmont will accept control and maintain, at their own cost and expense, the portions of PROJECT lying outside of the proposed State highway right of way and within their respective city limits. Also, Redwood City and Belmont will maintain at their own expense, local roads within State's right of way and within their respective city limits that have been delegated to each city for maintenance, as described in the Freeway Agreement dated August 28, 1979, a copy of which is on file with the City of Belmont. 28. The cost of any maintenance referred to in this Agreement shall include all direct and indirect costs (functional and administrative overhead assessment) attributable to such work, applied in accordance with State's standard accounting procedures, and is not included in the financial obligations set forth above. 29. Upon completion of all work under the State Cooperative Agreement and this Agreement, ownership and title to materials, equipment and appurtenances installed within State's right of way will automatically be vested in State as provided in the State Cooperative Agreement. Materials, equipment and appurtenances installed outside of State's right of way will automatically be vested in Redwood City or Belmont, according to the existing city limits. No further agreement will be necessary to transfer ownership as hereinabove stated. 30. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not parties to this Agreement or affect the legal F:Atty/Agr/Agr.149 080503 L.BECK 13