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Contract#28771 <br /> 1TERM;WITHDRAWAL OF OFFER. <br /> /a\ The term of this Agreement is from the date upon which the last party has dated and <br /> executed the same ("Effective Date") until June 30, 2O18("Cornp|etinnDate"). Recipient <br /> shall not commence the Project until any required submittals are received and approved. <br /> Time is of the essence for every aspect of this Agreement, including any time extensions. <br /> Any request for an extension of time beyond the Completion Date must be,-made in writing <br /> before April 1, 3O1B. Timely requests toextend,for longer than six months,the <br /> Completion Date of the Agreement for projects whose District contribution exceeds <br /> $1OO,0U0may only beapproved bythe District's Governing Board. Notwithstanding <br /> specific mention that certain provisions survive termination or expiration of this <br /> Agreement, all provisions of this Agreement that by their nature extend beyond the <br /> Completion Date,for example,delivery of a final report,will remain in full force and effect <br /> after the Completion Date asnecessary toaffect performance. <br /> (b) This Agreement constitutes an offer until authorized,signed and returned to the District by <br /> Recipient.This offer terminates forty-five(45)days after receipt bwRecipient; provided, <br /> however,that Recipient may submit a written request for extension of this time limit to the <br /> District's Project Manager,statingthereason(s)therefor. Request for extension oftime after <br /> the forty-five/4S\days will bedenied. The Project Manager shall notify Recipient inwriting if <br /> an extension is granted or denied. |fgranted,this Agreement shall bedeemed modified <br /> accordingly without any further action bythe parties. <br /> (c) If the construction,which is eligible for District reimbursement, does not begin before June <br /> 3O,2O17,orifthe first invoice for non-construction projects isnotsubroittedby]une30, <br /> 2017,the cost-share agreement will be subject to termination and the funds subject to <br /> reallocation. <br /> 2. DtLiVERABLES. Recipient shall fully implement the Project,as6eacribedintheStatennentofVVork, <br /> Attachment A. Recipient is responsible for the professional quality,technical accuracy, and timely <br /> completion of the Project. Both workmanship and materials shall be of good quality. Unless <br /> otherwise specifically provided for herein, Recipient shall provide and pay for all materials, labor, <br /> and other facilities and equipment necessary tocomplete the Project.The District's Project <br /> Manager shall make afinal acceptance inspection ofthe Project vvhenoornp|etedandfinishedinaU <br /> respects. Upon satisfactory completion of the Project,the District will provide Recipient a written <br /> statement indicating that the Project hasbeencornp|etedinamcordancexviththisABneennent. <br /> Acceptance of the final payment by Recipient shall constitute a release in full of all claims against <br /> the District arising from orbyreason ofthis Agreement. <br /> 3. OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein,the District does not assert an <br /> ownership interest inany ofthe deliverables under this Agreement. <br /> 4. AMOUNT OF FUNDING. <br /> (a) For satisfactory completion of the Project,the District shall pay Recipient thirty-three <br /> ent (33%)oYthetmt�|cons�ructioncostoftheP Project, but innoevent shall the District <br /> percent , , `«J , <br /> cost-share exceed $G49,24O.35. The District cost-share isnot subject tomodification <br /> based upon price escalation inimplementing the Project duhnQthetermofthis <br /> Agreement. Recipient shall be responsible for payment of all costs necessary to ensure <br /> ?u8o,3mf14 <br /> � <br /> � <br />