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Port Gardner Bay Outfall Replacement Agreement <br /> City Effluent Sanitary sewage waste collected and treated by the City from <br /> residential and commercial establishments, but excluding <br /> industrial or other wastes not treated in accordance with City <br /> requirements, and shall include ground water and storm water <br /> flows currently present within the City's sewerage system. <br /> Class 10 Estimate An estimate of construction, engineering and development costs <br /> that are represented by the design firm to be within ten percent <br /> (10%) of the actual cost of the Joint Use Facilities. <br /> Completion Date June 1, 2004, unless extended by the Participants acting through <br /> the PRT. <br /> Construction Budget The total cost of constructing the Joint Use Facilities as <br /> determined by the PRT based upon the construction contract <br /> submitted by K-C to the PRT for review as may be updated during <br /> the course of construction by the Participants acting through the <br /> PRT. <br /> Construction Contractors One or more qualified contractors or subcontractors, construction <br /> managers, inspectors, or other consultants, vendors or contractors <br /> employed by K-C to build the Joint Use Facilities. <br /> Ecology The Washington State Department of Ecology or its successor <br /> agency. <br /> Emergency Any catastrophe, disaster, disorder, civil unrest,terrorist act, <br /> military action or attack, or unanticipated event that interrupts or <br /> threatens to interrupt the operation of the Joint Use Facilities. <br /> Emergencies include, but are not limited to, public emergencies <br /> such as a major earthquake in the Puget Sound area, and private <br /> emergencies, such as a fire or industrial accident at the K-C Mill. <br /> Excess Capacity The difference between a Participant's share of Capacity of the <br /> Joint Use Facilities and the maximum capacity actually used by <br /> the Participant. <br /> Feasibility Report The report and associated studies prepared under the MOU to <br /> enable the Participants to decide whether to proceed with the Joint <br /> Use Facilities, including, but not necessarily limited to, the third <br /> revision of the Engineering Report prepared by CH2M Hill and <br /> any subsequent revision or final report. <br /> Final Design Detailed plans and specifications to construct the Joint Use <br /> Facilities as an integrated system in compliance with all applicable <br /> laws and regulations including, without limitation, plans, <br /> drawings, specifications necessary to obtain competitive bids from <br /> qualified, competent construction contractors. <br /> 43 of 46 <br />