Resolution 2019-48 - Laserfiche WebLink

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Supply Project, Eastern Phase, was executed with the SWSP Participants to commence the design of the Eastern Phase pump station. This work was completed in 2019. F. The SWSP has determined that it is necessary to commence construction of the Eastern Phase. Under paragraph 6.e. of the Allotment Contract, Participant has an obligation to pay its share of the cost of planning, designing, and constructing the Eastern Pumping Plant. Agreement 1. The SWSP Enterprise agrees to undertake the Work, at the expense of Participant and other similar participants, under and pursuant to the terms and conditions of this Agreement. A description of the Work is provided in Exhibit A. 2. Pursuant to paragraph 6.e of the Allotment Contract, Participant shall provide the SWSP Enterprise with its pro rata portion of the funds necessary for the Work. On or before January 10, 2020, Participant shall pay the SWSP Enterprise $145,294.00 as its pro rata portion of the estimated cost of the Work, which is estimated to total $9,750,000. The allocation of the estimated total cost of the Work is provided in Exhibit B. The SWSP Enterprise does not warrant or represent that the Work can be fully completed for this amount. If the Work cannot be completed within this amount, the SWSP Enterprise is not obligated to complete the Work unless sufficient additional funds, as determined by the SWSP Enterprise, are provided by Participant and other similar participants. 3. Pursuant to paragraph 6.e of the Allotment Contract, Participant also shall pay the SWSP Enterprise an additional five percent (5%) of its pro rata portion of the funds necessary for the Work, equaling $7,265.00 as provided in Exhibit B, to cover change orders under the construction contracts for the Work made necessary by changed or unforeseeable conditions, delays, or other claims by the contractors. The SWSP Enterprise shall, when the Work has been finally completed, all contractors have been finally paid, and all claims have been settled, refund to the Allottee any pro rata portion of the five percent (5%) paid to the SWSP Enterprise pursuant to this Paragraph that is not used. 4. In the event that additional funds are needed by the SWSP Enterprise to complete the Work hereunder, the SWSP Enterprise shall give Participant a written notice and explanation of the need for the funds, including the amount. Participant shall have thirty (30) days from receipt of the written notice in which to pay the requested additional funds to the SWSP Enterprise. 5. In the event that Participant fails to make the initial payment or any requested additional payment described above, the SWSP Enterprise shall have the right to terminate this Agreement and cease all Work for the benefit of Participant. As provided in paragraph 8.c of the Allotment Contract, the SWSP Enterprise shall give Participant thirty (30) days' advance written notice of its intention to terminate this Agreement and cease the Work 2