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DISTRICT may, subsequent to the recording by CITY of any document transferring title or <br />another interest to property acquired pursuant to this Agreement to CITY, record a <br />memorandum of this Agreement (Exhibit B), specifically a verbatim transcript of Paragraph <br />7.C. Ownership of Property and Limitation of Use except for this sub -paragraph which shall <br />not be contained in the memorandum. The memorandum shall reference by legal description <br />the property being acquired by CITY and shall be recorded in the records of the Clerk and <br />Recorder of Boulder County immediately following the recording of the document <br />transferring title or another interest to CITY. CITY authorizes the recording of that <br />memorandum and acknowledges that the same is meant to encumber the property with its <br />restrictions. <br />8. MANAGEMENT OF CONSTRUCTION <br />A. Costs. Construction costs shall consist of those costs as incurred by the most qualified <br />contractor(s) including detour costs, licenses and permits, utility relocations, and <br />construction related engineering services as defined in Paragraph 4 of this Agreement. <br />B. Construction Management and Payment <br />1. DISTRICT, with the assistance of CITY, shall administer and coordinate the <br />construction -related work as provided herein. <br />2. DISTRICT, with assistance and approval of CITY, shall select and award construction <br />contract(s). <br />3. DISTRICT shall require the contractor to provide adequate liability insurance that <br />includes CITY. The contractor shall be required to indemnify CITY. Copies of the <br />insurance coverage shall be provided to CITY. <br />4. DISTRICT, with assistance of CITY, shall coordinate field surveying; staking; <br />inspection; testing; acquisition of right-of-way; and engineering as required 10 <br />construct PROJECT. DISTRICT, with assistance of CITY, shall assure that <br />construction is performed in accordance with the construction contract documents <br />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 approval of CITY, shall contract with and provide the services of the <br />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 />ldcmlagrmm1161160810 5 <br />