2010/09/08 Council Agenda Packet

(f) All other items necessary for a complete and constructible design of the • new or modified sewer improvements shown in Exhibit C. 2. Approval of Design. The District shall submit its proposed final plans and specifications to the City for approval,which approval will not be unreasonably withheld. Without limiting the other instances in which it may be reasonable for the City.to withhold its approval,the District and the City acknowledge and agree that it will be reasonable for the City to withhold its approval if the proposed plans and specifications are(a)not in accordance with this Amendment, including without limitation Exhibit C; (b)not in accordance with design standards that the City customarily applies to sewer projects; or(c)not adequate for construction. The City shall either approve or disapprove in writing the District's proposed final plans and specifications within 30 days after they are delivered to the City. If the City does not provide the approval or disapproval to the District within such 30 days,the District may deliver written notice to the City of the District's intent to consider the proposed fmal plans and specifications approved by the City. If the City does not provide the approval or disapproval to the District within 15 days after delivery of such notice, then the Parties agree the District's plans and specifications are approved. For the purposes of this Amendment,the term "Approved Plans and Specifications"refers to final plans and specifications that • the City has approved under this Section 1.B.2. For the purposes of this Amendment, the term"Interceptor Work"refers to all excavation, construction, materials (including without limitation pipelines and flow meters), and other activities and items necessary to complete all improvements in accordance with the Approved Plans and Specifications. 3. Construction of the Interceptor Work. (a) The District shall complete all Interceptor Work at its sole cost in accordance with the Approved Plans and Specifications. The District shall not amend or otherwise alter the Approved Plans and Specifications without the prior approval of the City, which approval will not be unreasonably withheld. (b) .The District shall verify that the Interceptor Work is completed in accordance with the Approved Plans and Specifications. The District shall require that the designer of the Interceptor Work(or such other person that the District and City may reasonably designate)provide construction oversight. The City may, at the City's sole cost, observe and inspect the Interceptor Work to verify that the Interceptor Work is being performed in accordance with the Approved Plans and Specifications. The City and the District shall cooperate so that the City's observation and inspection does not hinder,restrict or delay the Interceptor Work. The City may attend construction meetings. (c) Upon completion of the Interceptor Work,the designer of the Interceptor Work(or such other person that the District and City may reasonably designate) shall deliver to the District and City a construction report that verifies that the Interceptor Work was built in accordance with the Page 3 4