|
<br />2.2 Construction and Completion.
<br />
<br />a. All construction shall be subject to receipt by the District of all necessary
<br />governmental approvals and shall be contracted for and completed in accordance with City
<br />Policy, the City's Design and Construction Standards as applicable, and other applicable
<br />regulations of governmental entities having jurisdiction.
<br />
<br />b. Upon complt:tion of the construction of the Project, the District shall
<br />provide the City a copy of all construction records, including but not limited to materials testing
<br />reports, contracts, engineer's daily reports, and drawing submittals, as well as the as-built
<br />drawings for the Project.
<br />
<br />c. The District shall make available to the City for review and comment prior
<br />to finalization any and all proposed construction contracts, change orders, and other construction
<br />contract-related documents, and as-built drawings concerning the Project.
<br />
<br />d. The District shall diligently and continuously prosecute to completion the
<br />construction of the Project. The District shall complete the construction of the Project by February
<br />15, 2008; unless the existence of a force majeure event, as defined below, prevents the District
<br />from completing the Project on schl~dule, in which case the District shall notify the City of such
<br />force majeure event and shall diligently and continuously prosecute to completion the construction
<br />of the Project following the resolution of such force majeure. Notwithstanding the foregoing, the
<br />District shall complete the roadway improvements on the existing section of Dillon Road within
<br />45 consecutive calendar days following the date on which the City has issued a right-of-way
<br />permit for the roadway improvements on the existing section of Dillon Road, unless the
<br />existence of a force majeure event, as defined below, prevents the District from completing the
<br />roadway improvements on schedule:, in which case the District shall notify the City of such force
<br />majeure event and shall diligently and continuously prosecute to completion the roadway
<br />improvements to Dillon Road within 30 calendar days following the resolution of such force
<br />majeure. If District fails to complete the improvements within the timeframe set forth herein,
<br />City may draw on the guarantee issued pursuant to paragraph 2.6 to either complete the roadway
<br />improvements to Dillon Road or place Dillon Road in a safe operating condition, as determined
<br />by the City.
<br />
<br />The term "force majeure ev(~nt," as used herein, shall mean an act of God, strike, lockout,
<br />or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire,
<br />storm, flood, explosion, governmental restraint, unavailability of equipment, delay by a utility in
<br />removing or relocating its facilities that are in conflict with the Project, and any other cause,
<br />whether of the kind specifically enumerated above or otherwise, which is not reasonably within
<br />the control ofthe District.
<br />
<br />2.3 Completion of Construction. Prior to the Final Acceptance of the Project by the
<br />City, the City Engineer shall consult with the engineer appointed by District with respect to the
<br />work concerned. At completion of the construction of the Project, the City shall inspect the work
<br />and if approved, shall issue a letter of construction acceptance by the City ("Construction
<br />Acceptance ).
<br />
<br />2.4 Ownership, Operation, and Maintenance of Proiect. Upon completion of the
<br />
<br />3
<br />
|