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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 /> Transit and (ii) change orders for emergency work that Community Transit reasonably <br /> believes is necessary to protect persons or property from imminent danger. If <br /> Community Transit enters into a change order or amendment under this Section 4(b), <br /> Community Transit shall promptly deliver to Everett Transit a copy of the fully executed <br /> change order or amendment together with any other related documentation reasonably <br /> requested by Everett Transit. <br /> c. Construction Deadline. Community Transit shall use reasonable <br /> efforts to substantially complete all construction of all WSDOT Stations no later than <br /> July 1, 2011 (the"Completion Deadline"). Everett Transit may in accordance with <br /> Section 5 of this Agreement delete from the Community Transit Work any WSDOT <br /> Station not substantially completed by the Completion Deadline. <br /> 5. Deletion of WSDOT Stations from Community Transit Work. If a party <br /> to this Agreement has a right under Section 2, Section 3 or Section 4 of this Agreement to <br /> delete one or more WSDOT Stations from the Community Transit Work and that party <br /> desires to exercise that right,then that party shall deliver written notice to the other party <br /> stating the WSDOT Station(s)to be deleted(this notice, a"Deletion Notice"). Effective <br /> upon delivery of a Deletion Notice: (a) the WSDOT Station(s)named in the Deletion <br /> Notice will be deemed deleted from the Community Transit Work; (b) if there are <br /> outstanding bids for construction of the deleted WSDOT Stations, Community Transit <br /> shall,unless otherwise requested by the City,reject all such bids; (c) Community Transit <br /> shall cease all Community Transit Work related to the deleted WSDOT Station(s); (d) <br /> Community Transit shall, to the extent requested by Everett Transit, immediately transfer <br /> or assign to Everett Transit all real property and materials purchased for the deleted <br /> WSDOT Stations and shall assign to Everett Transit all construction contracts and other <br /> contracts related to the deleted WSDOT Stations; and(e)the Everett Transit Contribution <br /> is reduced to an amount equal to a reasonable estimated total cost for the remaining <br /> WSDOT Station(s),plus any costs for the deleted WSDOT Station(s) that have been <br /> already incurred by Community Transit in accordance with this Agreement. <br /> 6. Ownership and Operation of WSDOT Stations. Community Transit shall <br /> own, operate and maintain the WSDOT Stations until the termination of this Agreement. <br /> At the termination of this Agreement, Community Transit shall transfer the ownership of <br /> the WSDOT Stations to Everett Transit at no cost to Everett Transit as provided in the <br /> 2007 Interlocal Agreement. After this transfer of ownership, Everett Transit shall operate <br /> and maintain the WSDOT Stations. <br /> 7. Duration/Termination of Agreement. This Agreement terminates at the <br /> earlier of(a) December 31, 2022 or(b)the termination or expiration of the 2007 <br /> Interlocal Agreement. <br /> 8. WSDOT Requirements and Applicable Laws. Everett Transit and <br /> Community Transit shall cooperate with each other so that each may comply with <br /> applicable WSDOT requirements, WSDOT Grant requirements, and applicable laws. <br /> 149 <br />
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