PROJC02150

• Contract/PO #: C153825
• Contractor Name: Farmers Pawnee Canal Company, The
• Contract Type: Loan
• Water District: 64
• County: Logan
• Loan Projects - Doc Type: Contract Documents

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a. Preparing final designs and specifications for the PROJECT.
b. Preparing bid and construction contract documents.
c. Preparing environmental assessment or environmental impact statements, and otherwise
complying with the Federal National Environmental Policy Act.
d. Complying with all federal, state, and local regulatory requirements, including the obtaining of all
required permits.
e. Fish and wildlife mitigation measures required by federal, state, or local laws and regulations.
f. Actual construction as called for in the design documents and in change orders approved by the
STATE, the BORROWER, the CONSULTANT and the CONSTRUCTION FIRM.
g. Engineering services for construction management, including design and construction
management for STATE-approved change orders.
h. Legal services for reviewing engineering services contracts, reviewing this contract, reviewing
construction contract documents, and for complying with all federal, state, and local regulatory
requirements. Legal services must be approved by the STATE in writing and in advance to be
eligible for financing by the STATE.
6. STATE May Release Contract. In its sole discr E may at any time give any consent,
deferment, subordination, release, satisfaction o of any or all of the BORROWER'S
obligations under this contract, with valuable considera n such terms and conditions as the
STATE may determine to be advisable t ~r tye„ r s .of this contract or to protect the
STATE'S financial interest therein, and const~n'~vit t tat ory purposes of this contract and
the limitations of the statutory authority under which It Is
7. Casualty And Eminent Domain. If, at any time, during the term of this contract, (a) the
BORROWER'S PROJECT facilities including buildings or any portion thereof, are damaged or destroyed,
in whole or in part, by fire or other casualty, or (b) title to or use of the PROJECT facilities or any part
thereof shall be taken under the exercise of the power of eminent domain, the BORROWER shall
cause the net proceeds of any insurance claim or condemnation award to be applied to the prompt
replacement, repair and restoration of the PROJECT facilities or any portion thereof, or to repayment
of this loan. Any net proceeds remaining after such work has been completed shall be retained by
the BORROWER. If the net insurance proceeds are insufficient to pay the full cost of the replacement,
repair and restoration, the BORROWER shall complete the work and pay any cost in excess of the net
proceeds. In the event Borrower opts to repay the loan, Borrower shaA remain responsible for the
full loan amount outstanding regardless of the amount of such insurance proceeds or condemnation
award.
8. Captions. The captions and headings contained in this contract are for convenience and reference
only and shall not be construed so as to define or limit the terms or provisions contracted herein.
9. STATE'S Approval. This contract requires review and approval of plans, specifications, and various
other technical and legal documents. The STATE'S review of these documents is only for the purpose
of verifying BORROWER'S compliance with this contract and shall not be construed or interpreted as a
technical review or approval of the actual design or construction of the PROJECT rehabilitation.
Notwithstanding any consents or approvals given to the BORROWER by the STATE on any such
documents, BORROWER and its CONSULTANT, by preparing any such documents, shall be solely
Farmers Pawnee Canal Company Page 9 of 13 Loan Contract