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including approved plans and specifications and shall accurately record the quantities <br />and costs relative thereto. Copies of all inspection reports shall be furnished to CITY <br />on a weekly basis. DISTRICT shall retain an engineer to perform all or a part of these <br />duties. <br />5. DISTRICT, with concurrence of CITY, shall contract with and provide the services of <br />the design engineer for basic engineering construction services to include addendum <br />preparation; survey control points; explanatory sketches; revisions of contract plans; <br />shop drawing review; as -built plans; weekly inspection of work; and final inspection. <br />6. PARTIES shall have access to the site during construction at all times to observe the <br />progress of work and conformance to construction contract documents including plans <br />and specifications. <br />7. DISTRICT shall review and approve contractor billings. DISTRICT shall remit <br />payment to contractor based on billings. <br />8. DISTRICT, with concurrence of CITY, shall prepare and issue all written change or <br />work orders to the contract documents. <br />9. PARTIES shall jointly conduct a final inspection and accept or reject the completed <br />PROJECT in accordance with the contract documents. <br />10. DISTRICT shall provide CITY a set of reproducible "as -built" plans. <br />C. Construction Change Orders. In the event that it becomes necessary and advisable to change <br />the scope or detail of the work to be performed under the contract(s), such changes shall be <br />rejected or approved in writing by the contracting officers. No change orders shall be <br />approved that increase the costs beyond the funds available in the PROJECT fund, including <br />interest earned on those funds, unless and until the additional funds needed to pay for the <br />added costs are committed by all PARTIES. <br />9. MAINTENANCE <br />PARTIES agree that CITY shall own and be responsible for maintenance of the completed and <br />accepted PROJECT. PARTIES further agree that DISTRICT, at CITY's request, shall assist CITY <br />with the maintenance of all facilities constructed or modified by virtue of this Agreement to the <br />extent possible depending on availability of DISTRICT funds. Such maintenance assistance shall <br />be limited to drainage and flood control features of PROJECT. Maintenance assistance may <br />include activities such as keeping flow areas free and clear of debris and silt, keeping culverts free <br />of debris and sediment, repairing drainage and flood control structures such as drop structures and <br />energy dissipaters, and clean-up measures after periods of heavy runoff. The specific nature of the <br />maintenance assistance shall be set forth in a memorandum of understanding from DISTRICT to <br />CITY, upon acceptance of DISTRICT's annual Maintenance Work Program. <br />DISTRICT shall have right -of -access to right-of-way and storm drainage improvements at all times <br />for observation of flood control facility conditions and for maintenance when funds are available. <br />Agreement No. 20-02.26 6 <br />