Agmt03 City of Belmont - Laserfiche WebLink

Browse Search

4. If, upon opening of bids for the construction contract for PROJECT, the lowest responsible bid is not more than twenty percent (20%) over the Engineer's Estimate, Redwood City will notify Belmont of the contract amount before awarding the construction contract for the Project. Belmont may notify Redwood City of any objection to awarding the contract within five calendar days, and Belmont and Redwood City will meet and confer regarding the award. 5. If, upon opening of bids for the contract to construct PROJECT, the lowest responsible bid exceeds the Engineer's Estimate by more than twenty- percent (20%), Redwood City, Belmont and State shall consult and endeavor to agree upon an alternative course of action. If, after thirty (30) days, a course of action is not agreed upon, this Agreement shall be deemed to be terminated by mutual consent as provided in the State Cooperative Agreement. 6. If termination of this Agreement is by mutual consent, Belmont and Redwood City will each bear all PROJECT-related costs it has incurred pursuant to this Agreement, and shall share proportionately in accordance with the good faith cost allocation methodology enumerated in Section III, Article 24, any costs that Redwood City is obligated to pay State under the State Cooperative Agreement. 7. After award of the construction contract for Project, should Belmont not fulfill its funding commitments under this Agreement or not authorize funding beyond the amount specified, Redwood City may notify the State and, in accordance with the State Cooperative Agreement, the State may direct the contractor to insure that all operating roadways are in a safe and satisfactory permanent operating condition and then cease work on Project. Costs incurred by Redwood City pursuant to this Agreement in excess of payment made by Belmont will be billed to Belmont, and Belmont shall pay those amounts in full within thirty (30) days. 8. During the construction of PROJECT, Belmont may, at no cost to Redwood City, furnish a representative, if it so desires. While said representative and Redwood City's Resident Engineer will cooperate and consult with each other, the decisions of Redwood City's Resident Engineer shall prevail as final, binding and conclusive in all matters concerning the construction contract for PROJECT. 9. Redwood City will notify Belmont and the State immediately of any discovered concealed and/or unanticipated conditions that will affect construction of the Project. 10. If unknown existing public and/or private utility facilities are discovered during construction of Project, or if there is a significant change required in any approved utility relocation plan, the provisions of State's current Standard Specifications Section 8-1.10 (Utilities and Non-Highways Facilities) shall apply. In accordance with the State Cooperative Agreement, Redwood City will made all necessary arrangements with the owners of such facilities for the protection, relocation, or removal of the discovered F:Atty/Agr/Agr.149 080503 L.BECK 9