Ordinance 2587-02 - Laserfiche WebLink

procedures, progress, problems and scheduling. The City representative shall have the right to attend all such meetings and to have full access to the construction site to obtain information about the progress of the work on the Project. The District shall cause minutes of such meetings to be prepared and distributed to the participants and to the City. If the District determines that the Project is not proceeding in all material respects in accordance with the Design/Build Construction Contract, the District shall give notice in writing to the Contractor and the City specifying the particular deficiency or omission. The District shall establish communication procedures between the District and Contractor. 5.2 Quality Assurance. The District shall establish and implement a program to monitor the quality of the construction. The purpose of the program shall be to assist in guarding against defects and deficiency in the work of Contractor on the Project. The District shall reject work and transmit to the Contractor a notice of nonconforming work when it is the opinion of the District that the work does not conform to the requirements of the Design/Build Construction Contract. 5.3 Reports. The District shall prepare and provide to the City monthly progress reports that compare actual progress with scheduled progress for the construction of the Project. These reports shall specify actual Project progress and construction costs compared to the Project Schedule and the construction component of the Project Budget. The District shall periodically prepare change order reports during the construction phase. These reports shall list all approved change orders by number, a brief description of the change order work, associated costs, and the percent of completion of change order work. The District shall assure that a regular log containing a record of the weather, progress on the Project, number of workers, types of equipment, problems encountered and other similar relevant data is maintained. At the conclusion of the Project, the District shall prepare a final Project financial close-out report. 5.4 Project Schedule. Except for the issuance of up to $5,700,000 of Tax Revenue Notes to repay certain initial financing of preliminary Project costs as described in Section 4.1, prior to the issuance of any Notes under the commercial paper program, the District and the City shall mutually agree upon a firm Project schedule (the "Project Schedule"), which shall be attached to this Agreement as Exhibit B and incorporated herein. The District will use its best efforts to ensure that construction of the Regional Center begins on or before the date that RCW 82.14.390 requires construction of the Regional Center to commence in order for the District to levy and collect the sales and use taxes authorized by that statute, i.e., before January 1, 2003. The District also will use its best efforts to ensure that construction of the Regional Center is completed and available for occupancy at the start of the 2003-2004 hockey season. The District covenants to proceed with due diligence to complete and cause the completion of the Project in accordance with the Project Schedule but in no event (including Force Majeure) shall the time for completion of the Project extend beyond January 1, 2004. As used in this Agreement, "Force Majeure" means fire, earthquake, severe weather, or other acts of God, acts of public enemies, riot, insurrection, governmental regulation of the sale of materials and supplies or the transportation thereof, permitting delays caused by anyone other than the District, -8- INTERLOCAL FINANCING AGREEMENT 200203010680