Agmt03 City of Belmont - Laserfiche WebLink

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18. To pay Redwood City after completion of all work and within twenty-five (25) working days after receipt of a detailed statement made upon final accounting of costs therefore, any amount over and above the aforementioned payments required to complete Belmont's financial obligations under this Agreement. 19. Upon execution of this Agreement, to certify that funds are budgeted for Belmont's financial obligations under this Agreement. 20. To respond and state its concurrence or disagreement, either by phone, e-mail or by fax, to Redwood City's Construction Manager for change orders exceeding $50,000 within twenty-four (24) hours of notification. If Belmont fails to respond within the 24- hour period, Belmont agrees that Redwood City will have the sole judgment to determine delays and cost impacts and to issue a change order without the consent of Belmont. 21. Belmont will be responsible for performing all work, providing all services and paying all costs arising from or associated with the historic landfill located adjacent to the Belmont Sports Complex on Island Parkway including but not limited to, construction fees and costs incurred in connection with any study, remedial action, monitoring, clean up or other action that may be required, and any fines or penalties imposed by the County of San Mateo or any other agency with jurisdiction over the landfill or the Project. Belmont will be solely responsible for payment of any change orders issued to the contractor on account of conditions related to the landfill. SECTION III IT IS MUTUALLY AGREED: 1. Should any portion of the Project be financed with Federal funds or State gas tax funds, all applicable laws, rules, and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. 2. Any applicable goal for the utilization of Disadvantaged Business Enterprises (DBE) and/or Disable Veteran Business Enterprise (DVBE) will be included in the construction contract for Project. The contract goal will be based on a technical analysis of contract items and certified DBE and DVBE subcontractors in the area. Redwood City will award the construction contract to the lowest responsible bidder who meets the goals or who made, in the sole judgment of Redwood City, a good faith effort to do SO. 3. Redwood City shall not award a contract to construct Project until after this Agreement is executed by both parties. Redwood City shall also not award a contract to construct Project until all rights of way required for Project are certified ready for construction. F:Atty/Agr/Agr.149 080503 L.BECK 8