Relationship to Public Works. This Agreement is for the construction and acquisition of certain Acquisition Improvements by City and is not intended to be a public works contract. In performing its obligations under this Agreement, Developer is an independent contractor and not the agent of City. Neither City nor the Authority shall have any responsibility for payment to any contractor or supplier of Developer. Notwithstanding the foregoing, Developer may be subject to certain public contract requirements as provided in Section 3 of this Agreement.
Relationship to Public Works. This Acquisition Agreement is for the acquisition by the City of the Facilities and payment for Discrete Components thereof listed in Exhibits A and C hereto from monies in the Improvement Fund and is not intended to be a public works contract. Notwithstanding the foregoing, the Owner shall competitively bid and award all contracts for construction of the Facilities listed in Exhibits A and C hereto, as amended from time to time, and materials related thereto by means of a competitive bid process acceptable to the Director unless the same are Completed Facilities. At the Owner’s request, the Director shall review the Owner’s proposed bid process and either provide modifications or written acknowledgment that it is acceptable. The Owner shall endeavor to obtain at least three bids for such Facility or Discrete Component thereof by means of a bidding process acceptable to the Director. Bids for each Discrete Component shall be submitted in sealed envelopes to the Owner prior to the time and date prescribed for bid opening. The Owner shall open the bids immediately following the submittal deadline. The Director or his designee shall be present at all bid openings and may direct that all bids be submitted to him. Upon written request of the Director, the Owner shall provide an analysis of bids for construction and materials for the Facilities, constructed or to be constructed by or under the supervision of the Owner. The Owner shall award each bid to the lowest responsible bidder and shall require each contractor to provide for the payment of prevailing wages and maintain records with respect to such payment.
Relationship to Public Works. The parties hereto agree that this Agreement is for the financing and acquisition of certain public facilities to be owned by the County, the Water District and the School District and the sale of one or more series of Bonds for the payment of the construction and/or acquisition cost of such Facilities and such other amounts as are herein provided, and is not nor is intended to be a public works contract. In performing this Agreement, the Company is an independent contractor and not the agent of the County or the District. The County or the District shall have no responsibility for payment to any contractor or supplier of the Company. Notwithstanding the foregoing, the Company shall be subject to certain public contract requirements as provided in Section 53313.5 or Section 53314.9 of the Act and in subsection 4(b) hereof.
Relationship to Public Works. The Parties hereto agree that this Agreement is for the financing and acquisition of certain public facilities to be owned by the County, the Water District, the School District, the Fire Authority in accordance with the Act, and with respect to the Drainage Basin Facility, a private entity, and with respect to the Privately-Owned Dry Utilities, one or more public utilities, and the sale of one or more series of Bonds in accordance with the Act for the payment of the construction and/or acquisition cost of such Facilities and such other amounts as are herein provided, and is not nor is intended to be a public works contract. In performing this Agreement, the Company is an independent contractor and not the agent of the County or the District. Neither the County nor the District shall have any responsibility for payment to any contractor or supplier of the Company. Notwithstanding the foregoing, the Company shall be subject to certain public contract requirements as provided in Section 53313.5 or Section 53314.9 of the Act and in subsection 4(b) hereof.
Relationship to Public Works. This Agreement is for the acquisition of the Facilities or Discrete Components thereof by the City from Funding Sources and is not intended to be a public works contract. The City and the Developer agree that the Facilities are of local, and not state-wide concern, and that the provisions of the California Public Contracts Code shall not apply to the construction of the Facilities. The City and the Developer agree that this Agreement is necessary to assure the timely and satisfactory completion of the Facilities and that compliance with the Public Contracts Code with respect to the Facilities would work an incongruity and would not produce an advantage to the City or the CFD.
Relationship to Public Works. This Reimbursement Agreement is for the payment of the Remediation Improvements by the Agency and is not intended to be a public works contract. The Agency and Developer agree that Developer shall award all contracts with respect to the Remediation Improvements, and that this Reimbursement Agreement is necessary to assure the timely and satisfactory completion of the Remediation Improvements. From time to time at the request of the Executive Director or Developer, Developer and the Executive Director shall meet and confer regarding matters arising hereunder with respect to the Remediation Improvements and the progress in installing and/or constructing same, and as to any other matter related to the Remediation Improvements or this Reimbursement Agreement.
Relationship to Public Works. The Parties hereto agree that this Agreement is for the financing and acquisition of certain public facilities to be owned by the County, the Water District, the School District, the Fire Authority in accordance with the Act, and with respect to the Privately-Owned Dry Utilities, one or more public utilities, and the sale of the 2023 Series A Bonds in accordance with the Act for the payment of the construction and/or acquisition cost of such Facilities and such other amounts as are herein provided, and is not nor is intended to be a public works contract. In performing this Agreement, the Company is an independent contractor and not the agent of the County or the District. Neither the County nor the District shall have any responsibility for payment to any contractor or supplier of the Company. Notwithstanding the foregoing, the Company shall be subject to certain public contract requirements as provided in Section 53313.5 or Section 53314.9 of the Act and in subsection 4(b) hereof.
Relationship to Public Works. This Agreement is for the acquisition by the City of the Acquisition Facilities, from proceeds of the Bonds. The City and Owner agree that the Acquisition Facilities are of local, and not state-wide concern, and that the provisions of the California Public Contract Code shall not apply to the construction of the Acquisition Facilities except to the extent they may be applicable to Owner as a representative of a public agency. Nothing in this Agreement shall subject Owner to duplicative or additional requirements than it is otherwise subject to by applicable law as a public agency with respect to its bidding, contracting and construction of the Acquisition Facilities. The City and Owner agree that Owner shall award all contracts for the construction of those Acquisition Facilities, and that this Agreement is necessary to assure the timely and satisfactory completion of the Acquisition Facilities and that, except to the extent otherwise specified above in this paragraph, compliance with the Public Contract Code with respect to the Acquisition Facilities would work an incongruity and would not produce an advantage to the City or the District. Notwithstanding the foregoing, Owner, or its designee, shall award all contracts for construction of the Acquisition Facilities for which it subsequently submits Payment Request to the lowest responsive bidder, as determined by Owner. Owner, or its designee, shall solicit at least three bids for the construction of each such Acquisition Facility and Owner shall advertise for such bids by newspaper and/or internet bidding system in a manner approved by the City. Owner, or its designee, shall open the bids actually received and read them aloud immediately following the submittal deadline. Upon written request of the City Manager or his designee, Owner shall provide an analysis of bids for construction of such Acquisition Facilities. Owner acknowledges and agrees that Acquisition Facilities for which Owner submits Payment Requests shall be subject to the payment of prevailing wages by the applicable contractor(s) or subcontractor(s). The costs of materials shall be part of the contractors’ bids for constructing the Acquisition Facilities. Nothing in this Agreement shall (i) require Owner to publicly or informally bid for materials, or (ii) prevent the supply or sale of materials by Owner to the contractors constructing the Acquisition Facilities. If requested in writing by the City, Owner shall demonstrate to the City that ...
Relationship to Public Works. This Acquisition Agreement is for the acquisition by the City of the Facilities and payment for Discrete Components thereof listed in Exhibit A hereto from monies in the Acquisition and Construction Fund and is not intended to be a public works contract. Notwithstanding the foregoing, the Owner shall competitively bid and award
Relationship to Public Works. This Acquisition Agreement is for the acquisition by the City of the Facilities and payment for the Facilities (including any Discrete Components thereof) listed in Exhibit B hereto from moneys in the Improvement Fund and is not intended to be a public works contract by the City for construction of the Facilities. The City and the Developer agree that, because the City is a charter city, and that the Facilities are of local, and not state-wide concern, the provisions of the California Public Contract Code shall not apply to the construction of the Facilities. The City and the Developer agree that the Developer shall award all contracts for the construction of the Facilities and Discrete Components listed in Exhibit B hereto and that this Acquisition Agreement is necessary to assure the timely and satisfactory completion of the Facilities and that compliance with the Public Contract Code with respect to the Facilities would work an incongruity and would not produce an advantage to the City or the CFD.
