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2007/10/17 Council Agenda Packet
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2007/10/17 Council Agenda Packet
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Council Agenda Packet
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10/17/2007
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12 <br /> D. The purpose of this CCA#3 is to establish, subject to the terms hereof, the agreed <br /> changes to the Contract regarding Phase 2 activities and a new Project Schedule that <br /> will enable Parties to effectively plan and undertake the remaining RFCS <br /> implementation activities. <br /> Agreement <br /> NOW, THEREFORE, in consideration of the mutual covenants contained herein, the <br /> sufficiency of which is hereby acknowledged, the Contractor and the Agencies agree to <br /> the above Recitals and the following terms: <br /> 1.0 AMENDMENTS TO DIVISION I <br /> The Agencies and the Contractor hereby agree, without further execution, to amend the <br /> Contract as provided in Amendment Twenty-three, a copy of which is attached hereto <br /> as "CCA#3-Attachment A." Said Amendment 23 modifies the following: <br /> a. Section 3.1-11, "Security of RFC System"; <br /> b. Section 3.1-13, "System Backup and disaster Recovery/Business Resumption <br /> Plan" <br /> c. Section 3.1-27.5 (untitled) <br /> d. Section 3.1-76.3 "Payment Procedures and Schedules through Full System <br /> Acceptance" <br /> e. Exhibit 8, Project Schedule; and <br /> f. Exhibit 9, "Price Schedule", Section VI "Implementation" <br /> 2.0 Changes to Division II <br /> The Agencies and the Contractor hereby agree, without further execution, to change <br /> Division II as provided in Change Order No. 26, a copy of which is attached hereto as <br /> "CCA#3- Attachment B." <br /> 3.0 Non-precedential Settlement of Additional Compensation for Project <br /> Management <br /> The Contractor has sought additional compensation for project management costs <br /> alleged to have been incurred in relation to new Work added by certain Change Orders <br /> and the Agencies have objected that no such additional compensation is due. The <br /> Parties desire to avoid disputes over whether, and how much if any, additional <br /> compensation for project management may_be due under the Contract as a result of the <br /> large amount of new Work being added under this CCA#3. Accordingly, the Parties <br /> have agreed, without any admissions or concessions but in the interests of compromise <br /> and settlement, that the amount added to the Price in Exhibit 9, Section VI (2) "Phase 2" <br /> is the full amount due for, and the Contractor hereby waives any Claims related to, any <br /> Contract Change Agreement#3 2 <br />
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