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2009/12/23 Council Agenda Packet
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2009/12/23 Council Agenda Packet
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Council Agenda Packet
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12/23/2009
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5 <br /> September 1, 2010 (the"Real Property Deadline"). Either Everett Transit or <br /> Community Transit may in accordance with Section 5 of this Agreement delete from the <br /> Community Transit Work any WSDOT Station for which Community Transit has not <br /> acquired all necessary real property by the Real Property Deadline. <br /> b. Real Property Consents. Community Transit shall not enter into an <br /> agreement for any purchase, transfer or other acquisition of real property for any <br /> WSDOT Station without Everett Transit's prior written consent to (i)the form of <br /> easement or conveyance for the acquisition and (ii)the cost of the acquisition. <br /> 3. Utility Relocation. <br /> a. Utility Relocation Deadline. Community Transit shall use <br /> reasonable efforts to complete any necessary utility relocation for the WSDOT Stations <br /> no later than January 1, 2011 (the"Utility Relocation Deadline"). Either Everett Transit <br /> or Community Transit may in accordance with Section 5 of this Agreement delete from <br /> the Community Transit Work any WSDOT Station for which Community Transit has not <br /> completed all necessary utility relocations by the Utility Relocation Deadline. <br /> b. Utility Relocation Cost Limits. Community Transit shall not <br /> without Everett Transit's prior written consent incur costs in excess of five thousand <br /> dollars ($5000) for utility relocation for each WSDOT Station. <br /> 4. Construction. <br /> a. Construction Contract. Community Transit shall use reasonable <br /> efforts to enter into contracts for the construction of all WSDOT Stations no later than <br /> January 1, 2011 (the"Contract Deadline"). Community Transit shall not seek bids or <br /> otherwise seek to enter into a contract for the construction of WSDOT Stations without <br /> Everett Transit's prior written consent to the form of the construction contract and to the <br /> plans and specifications. Community Transit also shall not accept a bid for construction <br /> of a WSDOT Station or otherwise enter into a contract for the construction of a WSDOT <br /> Station unless Everett Transit has provided its written consent to the contract amount. <br /> Either Everett Transit or Community Transit may in accordance with Section 5 of this <br /> Agreement delete from the Community Transit Work any WSDOT Station for which <br /> Community Transit has not entered into a construction contract by the Contract Deadline. <br /> b. Change Orders/Amendments. Except as otherwise provided in this <br /> Section 4(b), Community Transit shall not enter into a change order or an amendment to <br /> a WSDOT Station construction contract without Everett Transit's prior written consent, <br /> which consent will not be unreasonably withheld. Everett Transit shall use reasonable <br /> efforts to respond to a proposed change order or amendment within seven(7) days after <br /> its receipt from Community Transit. Without prior written consent of Everett Transit, <br /> Community Transit may enter into (i) change orders in amounts of five thousand($5000) <br /> or less for minor changes to the Community Transit Work that will not cause the <br /> WSDOT Stations to differ materially from plans and specifications approved by Everett <br /> 38 <br />
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