Laserfiche WebLink
<br />limitation, equipment used in connection with the project, <br />access roads and recreation facilities. Dollar costs incident <br />to any personnel of either the River District or Denver <br />related to OM&R shall be reimbursed by the River District from <br />the special account. Denver and the River District will <br />mutually agree to all capital expenses for OM&R of more than <br />$20,000 in 1992 dollars. <br /> <br />b. The River District shall give a detailed accounting <br />with respect to each and every expenditure related to the <br />project budget not less often than quarterly. The accounting <br />records of the River District shall be subject to audit by <br />Denver during business hours at the sole expense of Denver. <br /> <br />PROJECT CONSTRUCTION AND CONSTRUCTION RISK <br /> <br />17. The River District shall diligently proceed to construct <br />Wolford Mountain Reservoir to a capacity of 60,000 acre feet, more <br />or less, under the plans and specifications referenced in Recital <br />E above. The River District shall take bids for construction of <br />the Reservoir in the fall of 1992 or the winter of 1993 for a <br />construction start in the late winter and spring of 1993, but shall <br />not issue a Notice of Award to the accepted low bidder prior to <br />January 1, 1993. <br /> <br />18. The River District and Denver each recognize that Case <br />No. 91CW252 could have an adverse effect upon the value to Denver <br />of an interest in Wolford Mountain Reservoir if the yield to Denver <br />is reduced, and consequently Denver may prefer to delay the <br />issuance of a Notice of Award beyond January 1, 1993 until the <br />litigation has proceeded to the point that Denver is comfortable <br />therewith. At least thirty days before issuing a Notice of Award <br />to the contractor, the River District shall advise Denver in <br />writing of its intent to issue such notice; and if Denver requests <br />in writing that the Notice of Award be delayed, the River District <br />shall honor such request. The delay shall continue until Denver <br />revokes its request in writing. In the event that any delay in the <br />Notice of Award is incurred by reason of a request by Denver, <br />Denver shall pay any increased costs for construction of the <br />Reservoir and appurtenant features caused by such delay. Such <br />increases shall be measured and limited in accordance with this <br />Paragraph: <br /> <br />a. Construction of the Reservoir consists of three <br />primary contracts: (1) contract for construction of the dam <br />and appurtenant facilities; (2) contract for the relocation of <br />U.S. 40 through Pass Creek and Red Dirt Creek and the widening <br />of U.S. 40 at the dam access and the recreation area access; <br />and (3) contract for Engineering Service during Construction <br /> <br />,~ <br /> <br />7 <br />