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IIIIII IIII IIIIII III VIII IIII IIII 251499
<br />IIIIII VIII IIIIIII IIi i 04/25/2007 02.45P
<br />Boulder County Clerk, CO AG R 56.00 D 0.00
<br />2.2 Construction and Completion.
<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 />b. Upon comple;tion of the Engineering and Construction Phase, the District
<br />shall provide the City a copy of al:l construction records, including but not limited to materials
<br />testing reports, contracts, engineer':; daily reports, and drawing submittals, as well as the as-built
<br />drawings for the Project. District also shall provide all equipment warranties, operation manuals,
<br />start up training, and any other materials or information pertaining to the operation and
<br />maintenance of the Project.
<br />c. The District s~hala 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 />d. The District shall diligently and continuously prosecute to completion the
<br />construction of the Project; unless the; existence of a force majeure event, as defined below,
<br />prevents the District from completing the Project on schedule, in which case the District shall
<br />notify the City of such force majeure event and shall diligently and continuously prosecute to
<br />completion the construction of the Project following the resolution of such force majeure.
<br />The term "force majeure eve;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, and any other
<br />cause, whether of the kind specifically enumerated above or otherwise, which is not reasonably
<br />within the control of the District.
<br />2.3 No City Obli a~ The City shall have no obligation whatsoever to contribute
<br />financially for work performed for the Project. Nothing herein, however, shall be construed to
<br />prevent the start of the Reimbu.rse~ment Phase, with the Reimbursement Phase running
<br />concurrently with the completion of~the: Engineering and Construction Phase.
<br />2.4 Completion of Construction. Prior to the final acceptance of the Project by the
<br />City, the City Engineer shall consult wwith the engineer appointed by District with respect to the
<br />work concerned. At completion of t:he Engineering and Construction Phase, the City shall
<br />inspect the work and if approved shall issue a letter of acceptance by the City ("Construction
<br />Acceptance").
<br />2.5 Ownership, Operatie~n, ;end Maintenance of Project. At final acceptance of the
<br />Project by the City in accordance with City Policy ("Final Acceptance"), the District shall convey
<br />the Project to the City free and clear of all liens and encumbrances by instrument(s) reasonably
<br />acceptable to the City, and City shall/ thereafter own the Project and be solely responsible for the
<br />operation and maintenance of the Project. Upon such Final Acceptance, District shall have no
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